On April 20 16 14, Su He and Yu Huan were restricted by the 1 1 debt collector, and were insulted, slapped and blindfolded. Yu Huan picked up a fruit knife and stabbed four people. Du Zhihao who was stabbed died the next day.
20 17 February17, Shandong Liaocheng Intermediate People's Court sentenced Yu Huan to life imprisonment for intentional injury; Both the plaintiff and the defendant Yu Huan refused to accept the judgment of the first instance and appealed separately.
2065438+On June 23, 2007, the Shandong Higher People's Court changed the sentence, holding that Yu Huan's stabbing death was excessive defense, and finally sentenced Yu Huan to five years' imprisonment.
Defenders defend themselves or others' personal rights from ongoing illegal infringement and stop illegal infringement. Its purpose is to fight back and stop the illegal infringement being carried out, which is a prerequisite for excessive defense. In fact, excessive defense meets the first four conditions of legitimate defense, but it does not meet the fifth. Excessive defense should meet the first four conditions of justifiable defense, namely, the most basic preconditions, time conditions, object conditions and subjective conditions of justifiable defense. Without any of these four conditions, it is impossible to establish excessive defense, but other illegal and criminal acts, such as provoking troubles, imaginary defense, improper defense, and defending a third party, cannot be established. These defenses have no subjective and objective basis for justifiable defense, and they are illegal acts in themselves, which constitute a crime and should be convicted and punished according to the crimes stipulated in the Criminal Law.
According to the second paragraph of Article 20 of the Criminal Law, excessive defense should be mitigated or exempted from punishment. Therefore, according to the facts and evidence, the court found that Yu Huan's behavior constituted justifiable defense and was a crime of intentional injury. The sentencing range of intentional injury causing death is 10 years imprisonment, life imprisonment or death penalty. If the punishment is mitigated according to law, the sentencing range will be reduced from 10 years to more than 3 years' imprisonment.
The court finally ruled that the application of law is based on the facts identified by the court and the evidence on which it is based. This is the significance of our trial-centered reform. This kind of trial not only realizes procedural justice, but also realizes substantive justice.
Social concern makes the trial of Huan more focused, but the judicial balance should not be influenced by the trend of public opinion. "The people have a voice and the judiciary should respond." For cases that have become public topics because of social concern, the judiciary must also assume the social responsibility of answering and responding.
Therefore, the public trial of Yu Huan's case is responsible for the public's right to know.
legal ground
Criminal law of the people's Republic of China
Article 14 Intentional crime: It is intentional crime to know that one's actions will have harmful consequences to society and hope or let such consequences happen, thus constituting a crime. Whoever intentionally commits a crime shall bear criminal responsibility.
Article 20 In order to protect the state, public interests, the person, property and other rights of oneself or others from ongoing unlawful infringement, stopping the unlawful infringement and causing damage to the unlawful infringer, it is justifiable defense and does not bear criminal responsibility.
Article 234 Crime of intentional injury: Whoever intentionally hurts another person's body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
Whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or serious disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where there are other provisions in this Law, such provisions shall prevail.