In ancient times, there were regulations on legitimate defense on the mainland, "Zhou Li Qiuguan Chaoshi": "Whoever thieves and their families are not guilty of killing." "The meaning of thieves in ancient times was not simply theft, but a combination of theft and robbery and robbery. There is no criminal responsibility for killing a person who commits theft, robbery, robbery, etc.
In modern times, the law regards legitimate defense as an important basis for citizens' defense. If a person is subjected to an unlawful violation, especially if he or she is subjected to imminent threats and damage to his or her personal safety, he may respond to it and, if the defence is appropriate, is not subject to criminal liability. Just like in this case in Hebei, the brother saw that his sister was suffering from his brother-in-law's domestic violence, and in order to protect his sister, he stepped forward and beat his brother-in-law to death. How will the court decide in the end?
Tian and Oda are brothers and sisters who grew up together, and after adulthood, Tian left home to start a business in other places, while Oda was to marry at home. During her work, she occasionally met a man of the same age, Zhao Mou. Zhao Mou has a handsome appearance, and can speak the Tao, often coaxing the women around him to offer a sincere heart. The same is true of Oda, as a simple girl who has never been in the world, she soon indulges in Zhao's gentleness and cannot extricate herself. The two went from acquaintance and love to union very quickly, without even informing each other's parents.
Just after they finished receiving the permit, Oda took Zhao home to show his family. Whether it is his parents or his brother Tian Mou, they are not very satisfied with Zhao Mou. Parents think that Zhao's work is unstable and there is no way to give his daughter a good life; and Tian, as a man, can see at a glance that the brother-in-law in front of him is definitely not a good match. However, it is too late, Oda has made a lifelong agreement with him, and the older brother can only wish his sister a safe and smooth life after marriage.
However, this wish was not fulfilled in the end. Zhao Mou sentenced the two people when he was married and in love, and the original sweet words no longer existed, replaced by rude scolding. The couple often quarreled until one time, Oda blocked his way while mopping the floor, and as a result, he picked up the water cup and smashed it on Oda's head, smashing Oda's head with a large wound. Oda cried and ran to the hospital for treatment, and then hid in her mother's house.
After Zhao learned that she had returned to her mother's house, he chased after her. Oda said that he did not want to go back with him, and Oda's parents were heartbroken, scolding their daughter for acting recklessly and now hurting herself. Her parents persuaded her to live a good life with her husband, but her brother Tian mou expressed his disapproval, and he was afraid that his sister would be retaliated against by Zhao after she returned.
In the end, under Zhao's "sincere" apology, Oda still forgave him for what he had done and returned home with him. However, whether it is Oda or her parents are probably too naïve, the so-called "domestic violence is only 0 times and countless times", Zhao Mou did not take long to show his disposition again, often punching and kicking Oda, beating her to a piece of purple. At first, Oda followed her parents' lessons and did not resist too much, but then Zhao's violent behavior became more and more excessive, and even made Oda feel that her life was threatened, and she returned to her mother's house overnight after being beaten by Zhao to bleed.
After Tian received a call from his sister, he immediately threw away the business at hand and rushed back from the field, just in time to meet Zhao Mou pulling Xiao Tian at their home to prepare to go back. Tian quickly went over to pull Zhao away and made a protective action to tell Zhao not to be rude to his sister. However, he did not expect that Zhao Mou actually drew a knife with him and stabbed straight at Xiao Tian. Tian Mou shouted loudly, pushed Zhao Mou, and the knife that was originally facing Xiao Tian's chest moved down slightly and inserted it into her abdomen.
Tian Mou saw the situation, and without saying a word, he picked up the shovel in the corner and slammed it on Zhao Mou's head, but Zhao Still did not give up the crime, holding Oda tightly to prevent her from leaving, and also blocked her in front of him, in a vain attempt to let her take Tian Mou's blow for himself. Tian saw that Zhao was still holding a knife in his hand, and his sister was still under his control, so he continued to hit him with a shovel for more than ten times, until the front of the shovel broke, he still continued to hit Zhao's head. Zhao did not get out of consciousness until he fell to the ground, and Oda was out of danger.
Tian did not take care of Zhao mou who fell to the ground, but quickly sent his seriously injured sister to the hospital, and after confirming that his sister was not in danger of life, he took the initiative to go to the public security bureau to turn himself in. After Zhao was discovered, he had lost signs of life. The police immediately determined that Tian was suspected of intentional homicide.
According to Article 232 of the Criminal Law: [Intentional Homicide] Whoever intentionally commits homicide shall be sentenced to death, life imprisonment or fixed-term imprisonment of not less than 10 years; If the defense factor is not taken into account, Tian Mouyi hit Zhao Mou's head seventeen times in total, which can be seen that he has the intention of killing people. However, the situation at that time was that Zhao Mou committed the crime first, he took out a knife and stabbed Oda, which had already posed a very serious threat to Oda's life, and he had already committed a crime and stabbed Oda in the abdomen. Therefore, Tian Mou's behavior is definitely a defense, but it is necessary to judge whether his defensive behavior is excessive.
According to Article 20 of the Criminal Law [ Legitimate Defense] An act taken to stop an unlawful infringement in order to protect the State, the public interest, the person, property and other rights of oneself or others from ongoing unlawful infringement, and causing harm to the wrongdoer, is a legitimate defense and shall not bear criminal responsibility. Where legitimate defense clearly exceeds the necessary limit and causes major harm, criminal responsibility shall be borne, but the punishment shall be mitigated or waived. Where a person commits a defensive act in the course of committing murder, homicide, robbery, rape, kidnapping, or other violent crimes that seriously endanger personal safety, causing the death or injury of an unlawful infringer, it is not excessive defense and does not bear criminal responsibility.
To determine whether the defensive act is excessive, it is mainly compared with the infringement caused by the defender to the perpetrator and the infringement caused by the perpetrator. Zhao stabbed Oda with a knife, and his murderous behavior was continuous and a series of violations of Oda's right to life; and Tian hit Zhao's head with a shovel, which also caused a continuous infringement on his right to life. The right to life against the right to life is not appropriate from the point of view of the process. In terms of results, Oda did not die, but Zhao died, so the defensive results caused by Tian were excessive.
However, there is another special provision on the mainland's legitimate defense, that is, the "unlimited right of defense", and at the end of the "legitimate defense" provision, the defense of violent crimes that seriously threaten personal safety, such as murder, homicide, robbery, forced J, kidnapping, etc., has unlimited defense rights, even if it causes the death of the perpetrator, there is no need to bear criminal responsibility. The legal theory of this provision is that we must not place too high demands on a person whose personal safety has been urgently violated in reality, and when human life and personal safety are seriously threatened, if he even has to consider the degree of defense, then the effect of defense will be greatly reduced, and such requirements will be too harsh.
After the first and second instances, Tian was sentenced to three years' imprisonment for intentional homicide (excessive defense), and after Tian served 856 days, the court changed his sentence and found that Tian was legitimately defended and did not need to bear criminal responsibility. Subsequently, the court acquitted him and paid 270,000 yuan for damages to personal freedom and 50,000 yuan for mental damages in accordance with the national compensation standards. Later, Tian also appealed the return of civil compensation involved in the case.
This case has reminded people that when our personal safety is infringed upon, we must have the courage to fight against criminals and dare to take up arms to resist. Legitimate defense gives us the ability to defend our legitimate rights and interests and is an important guarantee for safeguarding citizens' rights.
(The names of the people in this article are pseudonyms, and some of the pictures are network images; reprinting and plagiarism are prohibited in the article.) ）