4 14 Liaocheng Yuhuan Case refers to a criminal case that occurred in guanxian, Liaocheng, Shandong Province on April 16.
One: Why should Yu Huan be sentenced for insulting his mother?
1. Judging from the defense intention, Yu Huan's stabbing behavior was carried out to protect the legitimate rights and interests of himself and his mother. In order to protect legitimate rights and interests, this is an objective condition for self-defense. The legitimate rights and interests are not limited to life and health, but also include personal freedom, personal dignity and other legitimate rights and interests. In this case, Yu Huan stabbed Du Zhihao and others with a knife in order to protect her and her mother's personal freedom, personal dignity and personal safety from unlawful infringement. The first-instance judgment held that "the other party didn't use tools, and the police station has been dispatched, so there is little real danger that his right to life and health will be violated". Although this legal evaluation focuses on the right to life and health, it ignores the protection of the legitimate rights and interests of Huan and his mother, such as personal freedom and personal dignity, which is a misunderstanding of the object of legitimate defense protection.
2. From the defense point of view, this case has sustained, complex and serious illegal infringement. Defense can only be carried out against unlawful infringement, which is the premise of legitimate defense. Illegal infringement here can be either a criminal act or a general illegal act, including illegal detention, and citizens can defend themselves. In this case, Du Zhihao and others were not the direct creditors of Su usury, but were gathered by Zhao Rongrong to illegally collect debts. It is necessary to grasp the illegal and infringing acts of debt collectors as a whole. The evidence in the case proves that the debt collector has sustained serious illegal acts, which can be divided into three stages in chronological order: first, Zhao Rongrong and others illegally invaded Jia Huan's residence on April 20 1 2006; On April 13, household appliances in Yuhuan were transported to Yuanda Company for stacking without authorization, and Wu Xuezhan forced Su's head into the toilet. 2. From the afternoon of April 20 16 to the evening of April 4 14, police officers and debt collectors in public security cases restricted and deprived Yu Huan and Su of their personal freedom, abused them, took off their pants and swaggered in front of Su, insulted their personal dignity, slapped them in the face, grabbed their hair and pressed them not to get up. Third, from the time the police left the reception room to the time Huan was stabbed to death with a knife, the debt collectors kept Yu Huan and Sue from leaving the reception room, forced Yu Huan to sit down and pushed Yu Huan to the southeast corner of the reception room. All kinds of illegal acts in these three stages are persistent and escalating, and have been suspected of illegal detention, crime and personal assault. In the face of these serious illegal violations, Yu Huan has the premise of defense in order to stop these illegal violations and fight back against the perpetrators who are carrying out illegal violations around him. The indictment of Liaocheng Procuratorate did not identify it as a defense reason, and the first-instance judgment of Liaocheng Intermediate People's Court held that "there is no premise of unlawful infringement in the sense of legitimate defense", which is wrong.
3. From the defense time, Yu Huan's behavior is aimed at the ongoing illegal infringement. Timely defense is a timely condition for legitimate defense. In this case, the police leaving the reception room is the turning point of the case. The police should have eased the situation and effectively stopped illegal infringement. However, the evidence in this case proves that Du Zhihao's illegal infringement on Huan was not controlled and stopped by the police, but further escalated. When Su and Yu Huan were eager to leave the reception room with the police, Du Zhihao refused to let Yu Huan leave, but also strangled him and pressed him to the southeast corner of the reception room, making Yu Huan in a more isolated state. When Yu Huan stabbed Du Zhihao and others with a knife, the real danger of illegal infringement not only existed, but also accumulated and increased, and Yu Huan faced a more dangerous situation. If he doesn't stop Du Zhihao's illegal infringement with a knife, his infringement will be more serious. Yu Huan stabbed the people around him after the warning with a knife was invalid. The judgment of first instance found that "there is no excessive defense", which is obviously a misjudgment of the reasons for the intensification of contradictions, and it is also a misjudgment in the case of incomplete facts.
4. From the defense object, Yu Huan is a counterattack against the illegal infringer himself. It is an objective condition of legitimate defense to defend the wrongdoer himself. The illegal infringer himself here refers to the executors and criminals of illegal infringement. In this case, Yu Huan was stabbed with a knife, including Du Zhihao, Cheng, Yan Jianjun and Guo Yangang. The evidence in this case confirmed that all four were colleagues involved in illegal debt collection and were suspected of illegal detention. Du Zhihao also committed serious insults such as swearing, exposing genitals, slapping and so on during his illegal detention. Although there is no evidence that Yan Jianjun, Guo Yangang and Cheng have verbally insulted and violently beaten Huan's mother and son, after Du Zhihao was stabbed, he surrounded Huan and did not go away, which also restricted Yu Huan's personal freedom. The four people who were stabbed by Yu Huan to stop the illegal infringement were all illegal infringers.
Judging from the defense results, it obviously exceeded the necessary limit and caused great damage. It is an appropriate condition for self-defense and an important criterion to distinguish self-defense from excessive defense. When measuring the necessary limit, we must comprehensively consider the nature, intensity and possible harmful consequences of illegal infringement. We can't just talk about the results, and we can't think that it is excessive defense when there are casualties. In this case, Yu Huan's behavior was defensive, and the countermeasures taken obviously exceeded the necessary limit and caused casualties, which should be considered as excessive defense. First of all, Yu Huan does not have the prerequisite for being dedicated. The special defense stipulated in Article 20, paragraph 3, of the Criminal Law is based on the premise that the defender carries out defensive actions against violent criminals who seriously endanger personal safety. In this case, although Yu Huan's mother and son were restricted or even deprived of personal freedom, their right to personal dignity was insulted by words and deeds, and their right to physical health was slightly violated, before the police went out, they did not encounter any serious illegal acts that violated their right to life, so they did not have the premise of implementing special defense. Whether the defensive behavior it takes is justified, whether it is not subject to statutory special defense or not, and whether it prevents criminal responsibility. Secondly, this case is a defense case inspired by illegal debts. In this case, the purpose of Du Zhihao and others is to get the money back, and the means are relatively restrained. There is no intention or behavior of violently beating Huan's mother and son; The debt collection party (Jong Li) prevented Du Zhihao from taking off his pants and exposing his lower body; When Yu Huan stabbed Du Zhihao and Cheng, Yan Jianjun, Guo Yangang, Yao Chuanxing and others stood around Huan and there was no obvious violent attack. Finally, defensive behavior is obviously incompatible with unlawful infringement. In this case, in order to stop illegal infringement and get out of trouble, Yu Huan stabbed the injurer with a murder weapon, resulting in one death, two serious injuries and one minor injury. The result of his behavior is obviously "significant damage". From the point of view of illegal infringement, although the number of perpetrators is large, they did not use tools and did not carry out serious violent attacks. Yu Huan' s injury did not even reach a slight degree; Judging from the urgency of defense, the police have arrived at the scene. Although they left the reception room, they are still looking for the alarm person and know the situation in the courtyard of Yuanda Company. From the reception room, you can clearly see the flashing police car and warning lights in front of the door. Judging from the measurement of the legal interests of defense behavior protection and the legal interests embodied in the result, it is necessary to protect personal freedom and personal dignity, while the legal interests embodied in the result are life and health, which are incompatible. Judging from the tools used in defensive behavior, the injured part, the stabbing strength and the consequences, Yu Huan used a single-edged knife with a length of 26 cm, and the injured part was Du Zhihao's vital part (liver). The stab force was as deep as 15 cm, causing serious consequences of 1 death, 2 serious injuries and 1 minor injuries, and its defensive behavior "obviously exceeded the necessary limit".
Legal basis:
Paragraph 2 of Article 20 of the Criminal Law: If justifiable defense obviously exceeds the necessary limit and causes great damage, criminal responsibility shall be borne, but the punishment shall be mitigated or exempted. Article 46 A criminal sentenced to fixed-term imprisonment or life imprisonment shall be executed in a prison or other execution place; Anyone who has the ability to work should take part in labor, receive education and reform.