A, 65438+ was born on1April 25th, 984. On March 7, 2002, he was criminally detained on suspicion of intentional injury. He was arrested on April 30 of the same year and is now in custody pending trial.
Victim b was seriously injured.
C, witness.
Case introduction: Senior two students of A, B and C departments. On March 5, 2002, many students watched the football match in the projection room of our school. The goal of the band made A jump for joy, and B, who likes to appreciate the team, was dissatisfied with A and said a rude word, and the two sides quarreled. C advised the driver not to hit each other. B said, "You will know when you wait" and left the screening room first. Later, when C saw B calling outside the projection room and said, "A is crazy and needs to be rectified", he advised A to leave. A was angry, but she followed C out of the projection room. Seeing that B was still on the phone, A deliberately bumped into B, saying that he had the ability to fight one-on-one. B went forward to fight, A ran after B, A ran into a nearby grocery store and got a knife. B saw it and stopped to leave, but A kept abusing it, and B couldn't bear it. He rushed forward, was stabbed in the abdomen, and was later identified as seriously injured by the forensic doctor. C took A to the school hospital for rescue, and B was persuaded by other students to take it to the school security office to explain what had happened, and then surrendered to the police station.
Applicable law:
Paragraph 1 of Article 17 of the Criminal Law of People's Republic of China (PRC): A person who has reached the age of 16 commits a crime and shall bear criminal responsibility. Paragraph 3: A person who has reached the age of 14 and is under the age of 18 who commits a crime shall be given a lighter or mitigated punishment.
Article 234 Whoever intentionally harms another person's body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
Article 67, paragraph 1: A person who voluntarily surrenders himself after committing a crime and truthfully confesses his crime is a voluntary surrender. Criminals who surrender themselves may be given a lighter or mitigated punishment. Among them, if the crime is minor, the punishment may be exempted.
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.
Reference law:
Article 20 of the Criminal Law of People's Republic of China (PRC): In order to protect the state, public interests, the person, property and other rights of oneself or others from ongoing unlawful infringement, and stop unlawful infringement, which causes damage to the unlawful infringer, it belongs to self-defense and does not bear criminal responsibility.
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.
Taking defensive actions against violent crimes such as assault, murder, robbery, rape, kidnapping, etc., which seriously endanger personal safety, and causing casualties to illegal infringers, is not excessive defense and does not bear criminal responsibility.