"Wu Mou gathered a crowd to fight and intentionally injure the case", the chief judge answered questions

Source: Ji'an Intermediate People's Court

Ji'an Intermediate People's Court

About the "Wu Mou gathering crowd brawl and intentional injury case"

Q&A after the verdict

On January 29, 2022, our court pronounced a judgment in accordance with the law on the second-instance trial of the appellant Wu Mou's case of gathering crowds to fight and intentional injury, sentencing him to three years' imprisonment for the crime of gathering crowds to fight, and five years' imprisonment for intentional injury, and several crimes at the same time, and decided to carry out the fixed-term imprisonment of six years and six months. After the verdict was pronounced, Wu said that he obeyed the verdict and pleaded guilty and accepted punishment.

On February 8, some media reported on the theme of "Jiangxi 16-year-old teenager was beaten by many people and sentenced to six years and six months in the second-instance trial of the anti-homicide case", which aroused the attention and discussion of many netizens.

In response to public concerns

Presiding Judge of the case

Here are a few issues that netizens are concerned about

Q&A

Question 1

Wu was beaten by many people, so why was he convicted of intentional injury and the crime of gathering a crowd to fight?

Presiding Judge

Wu's crime of gathering a crowd to fight was a crowd brawl committed in Yongxin County on February 27, 2020, and it is not the same criminal fact as the crime of intentional injury committed in a hotel in Anfu County in the early morning of May 8, 2020.

The criminal facts of the crowd brawl case are as follows: Wu clashed with Xiao Moujia because of knocking on the wrong hotel door, and the two sides formed a grudge and repeatedly sought revenge on each other. On the evening of October 5, 2019, Wu found that Xiao X and Liu X were online in the e-sports hall, so he gathered Long X, Wen X, and Zeng X to carry knives to retaliate, resulting in the consequences of Liu X's minor injury of the second degree (the fact that the crowd fight was not criminally punished because Wu was under the age of 16 at the time). Xiao Yi (sentenced) and others had a good time with Xiao X A, Liu X and others, because of the above conflict, coupled with He X (sentenced) and Others and Wu X's "boss" Xiao X have a grudge, at about 1 o'clock on February 27, 2020, Wu X and others met He X, Xiao Yi and others, He X, Xiao Yi and others drove to intercept The car of Wu X and others, Wu X learned through others that Xiao Yi and others were seeking revenge from them, so he asked Wen X to take a red gun from the hotel where he lived and put it on the car, after that, Wu X drove Wen X, Duan X X, Zhu X, Luo X, He Moujia a total of 6 people went out, and He Mou, Xiao Yi and others bumped into each other at the intersection (public artery) in front of a hospital in Yongxin County, Wu stopped, He Mou, Xiao Yi and others held axes and cut Wu and his car, Wu mou got out of the car with a dagger and stabbed Xiao Yi and chased each other with the red gun that Wen took from the car, and the other party fled the scene.

Wu's behavior in the "2.27" gathering crowd fight fact and the previous multiple conflicts between the two sides can not be separated, comprehensive analysis of the whole process of development, his behavior out of the struggle for hegemony, revenge, seeking excitement and other illegal motives, subjectively have the intention of taking the initiative to fight, actively infringing, objectively in advance to prepare criminal tools and actively participate in the brawl, disrupting social and public order, and his behavior has constituted the crime of gathering crowd brawls.

Question two

Is the illegal and criminal act of the evil force gang in which Wu participated in related to this case?

After trial, it was ascertained that between April 2019 and February 2020, Wu and Xiao, Zeng, Long, Wen (all of whom had been sentenced) and others often got together and used violence, threats and other means to repeatedly carry out illegal and criminal activities such as rape, forced prostitution, gathering crowds to fight, picking quarrels and provoking troubles in Yongxin County and Shenzhen, for non-evil purposes, bullying the people, disrupting the order of social life, and causing a relatively bad social impact. The facts of the violations and crimes of other members of the evil force gang have been decided by the relevant courts.

Wu was a member of the evil force gang, and participated in three cases of picking quarrels and provoking trouble, one illegal detention, and two gathering crowds to fight in the illegal and criminal acts of the evil force gang. Since he was not yet sixteen years of age when he participated in three cases of picking quarrels and provoking trouble, one illegal detention and the first crowd brawl, he is not criminally responsible according to law; however, he has reached the age of sixteen when he participated in the second crowd brawl mentioned above (i.e., the "2.27" crowd brawl case), he shall be criminally liable according to law. Based on this, the original judgment found that Wu had participated in the illegal and criminal activities of the evil forces gang, and there was sufficient evidence to prove that it fully complied with the law and the criminal policy provisions for carrying out the special struggle against organized crime and evil forces. And because the fact that Wu participated in the crowd brawl was a crime committed by a gang of evil forces, it should be severely punished according to law.

What is particularly stated here is that Wu's participation in the illegal and criminal acts of the evil force gang is one of the facts of the trial of this case, rather than the criminal record that has been handled by the judicial organs.

Question three

What are the specific facts of wu's crime of intentional injury?

At about 10:00 p.m. on May 7, 2020, Xiao Bing and Wu Mou took a taxi to Anfu County, two Anfu girls Xiao X and Liu X C, who knew Kuaishou, and opened a room (room 410) in the hotel where the crime occurred. At about 0:30 on May 8, 2020, Wang saw that the girl he knew, Liu Moubing, was in the same room as Wu, Xiao Bing, and Xiao Moumou in the hotel, so he knocked on the door to find Liu Moubing. Wang Moumou felt that Wu Moumou opened the door with a bad tone and stared at him with his eyes, wanting to find face, he knocked on Wu Mou's hotel door for the second time, and Xiao Bing, a fellow member of Wu Mou, heard a loud knock on the door, and felt that something was wrong, so he called Duan Mou to bring the shuttle marker over. Wang xxx went to the front desk of the hotel to take the general card to open the door, entered the room with a dagger and a chai knife, leaned the chai knife against the wall of the entrance door, and Zhu xx, Li xx, Zhong xx, and Peng xx followed Wang xxx into the room.

After entering the room, Wang X pointed a dagger at Wu X, asked the other party "who to mix with", and called the relevant personnel, the relevant personnel mediated, Wang X also asked Wu X to call someone over, Wu X called Liu X B to bring something (fighting equipment) over. During the period, Zhu xxx called Yang xx, Luo xxx (victim, 22 years old), Wang xx 3 people, 3 people just arrived at the room, Zhu xxx immediately shouted "hit" and hit Wu with slippers, Wu counterattacked, Li xx, Wang xx, Luo xx 3 people also beat Wu xx, Wu xx took out the online shopping with the dagger (which is a controlled knife) stabbed, causing Luo xx's abdomen injury, Li xx's abdomen and hand injury, Zhu xx's shoulder injury. Wang X, Zhu X and others immediately fled the scene, Wu X saw the chai knife in the room and then discarded the dagger and picked up the chai knife to chase outside the hotel, Xiao Bing picked up Wu's discarded dagger and followed him. The degree of injury of Li xxx and Zhu xxx was minor.

At 2:30 on the same day, Luo Moumou was stabbed in the abdomen by a sharp object, resulting in rupture of the superior mesenteric artery and rupture of the right renal artery, acute major blood loss, and died after ineffective rescue; the degree of injury of Li xxx and Zhu xxx was slightly injured. Wu fled to Xinyu and was caught by the police, and in the process of escaping, he asked Xiao Bing, who was under the age of 14, to cover up for his crime. After the incident, Wu's family reached a criminal settlement agreement with Luo's family, compensated Luo's family for 200,000 yuan and obtained understanding.

Question Four

Wu was invaded by many people in the hotel room late at night and beaten, why was it considered to be excessive defense?

First of all, Wu's behavior is defensive in nature. Wang xxx asked Liu moubing in Wu's room late at night to go out to play without success, because he felt that Wu's tone was not good and stared at him and was dissatisfied, intending to find face, in the case of knocking on the door was rejected, he used the hotel general card to forcibly open the door, with a dagger and a chai knife to gather many people into the hotel room, and held a dagger to question Wu, Zhu xx, Li xx, Wang xx, Luo xx threw slippers at Wu xxx and punched and kicked, resulting in a real danger that endangered the safety of Wu someone, Wu fought back in order to protect his personal rights from ongoing unlawful infringement, Meet the conditions of the cause, time, and object of defense, and their conduct has a defensive nature.

Second, Wu's behavior constitutes excessive defense. According to the second paragraph of article 20 of the Criminal Law, the criterion for determining whether the case constitutes legitimate defense or excessive defense lies in whether the defensive act "clearly exceeds the necessary limit", and according to article 12 of the Guiding Opinions of the Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security on the Lawful Application of the Legitimate Defense System, whether defense "clearly exceeds the necessary limit", the nature, means, intensity, degree of harm of the unlawful infringement and the circumstances of the defense, such as the timing, means, intensity, and damage consequences, should be considered, and the balance of forces between the two sides should be considered. Based on the situation in which the defender is defending, the judgment is made in combination with the general cognition of the public. Through comprehensive consideration, where there is a huge difference between the defensive act and the unlawful infringement and the obvious excess, it shall be determined that the defense clearly exceeds the necessary limit.

The development process of this case is divided into two stages, the first stage is that after Wang xxx entered the hotel room, there was a quarrel with Wu xx, asking Wu xxx "who is mixing with", and called the relevant personnel, the relevant personnel mediated, Wang xxx also called Wu xxx to gather personnel to come to the fight, at this time Wang xxx has not yet started to fight, the conflict has not yet escalated, the unlawful infringement has not yet been highly urgent, and Wang xxx's party has implemented a provocative act of picking quarrels and provoking trouble without incident and arbitrariness. The second stage is that after Zhu xxx saw that 3 people called by him, including Li xx, Wang xx, and Luo xx, rushed to the scene, Zhu xx suddenly threw slippers at Wu xx, and Li xx, Wang xx, and Luo xx then went forward to beat Wu with their bare hands, and the 4 did not use the chai knife and dagger and other tools that Wang xx had brought to the scene before, and the other 4 people did not come forward to participate in beating Wu. The appraisal opinion afterwards proved that Wu Mou did not constitute an injury level (Note: The "Human Injury Degree Appraisal Standards" are divided into three levels: minor injury, minor injury and serious injury). Wu took out the controlled knife he carried with him and stabbed three people in a short period of time, and the stabbed site was the abdomen and other major parts of the human body, resulting in the rupture of the superior mesenteric artery of Luo Moumou, the rupture of the right renal artery, and the death of acute large blood loss.

In summary, Wu used a controlled knife to stab the other party, and the degree of violence of his behavior obviously exceeded the other party's means of infringement, causing harmful consequences that were very different from the unlawful infringement, which should be determined to have clearly exceeded the necessary limit and caused major damage, and his behavior was excessive defense. Third, Wu's actions do not constitute special legitimate defense. The special defense system provided for in the third paragraph of article 20 of the Criminal Law is aimed at ongoing acts of committing crimes, homicide, robbery, kidnapping and other violent crimes that seriously endanger personal safety. The violence of "committing murder" is often intense, highly urgent and dangerous, and must be a violent crime that seriously endangers the personal safety of others that is comparable to violent crimes such as homicide and robbery.

In this case, the conflict between Wang X and others after entering the door has not yet escalated, and after Zhu X and 4 others beat Wu with their bare hands, the part and intensity of the blow did not reach the intensity of seriously endangering his personal safety, nor did it have the consequences of seriously infringing on his personal safety.

In summary, Wu's behavior is excessive defense, and according to Article 20 of the Criminal Law of the People's Republic of China, the punishment should be mitigated or waived. However, Wu's behavior in this case had serious consequences, and he was given a mitigated punishment in accordance with law.

Question Five

Why did the second instance trial in this case change the sentence of Wu for the crime of intentional injury?

When Wu was swiped by others late at night to break into the hotel room where he lived, was beaten by many people, and his personal safety was more seriously threatened, he took out a dagger and stabbed the other party, with excessive defense, juvenile crime, active compensation and obtaining forgiveness and voluntary admission of guilt and punishment, and other statutory, discretionary mitigating circumstances, the original judgment was sentenced to eight years' imprisonment for intentional injury, the sentence was excessive, and the sentence was changed to five years' imprisonment according to law.

Question Six

Have the other persons involved in this case, including Mr. Wang and others, been pursued for criminal liability?

All persons are equal before the law. The acts of the other persons involved in this case whose conduct constitutes a crime have been investigated for criminal responsibility in accordance with law. On August 5, 2020, the Yongxin County People's Court of Ji'an City made a first-instance judgment in the criminal case of Xiao X and others, and Xiao X, Zeng X, Long X, Wen X and other four people were sentenced to fixed-term imprisonment ranging from 12 to 4 years in accordance with law. On December 28, 2020, the Anfu County People's Court of Ji'an City, who gathered many people to enter the hotel where the case occurred, made a first-instance judgment, sentencing Wang X and six others to fixed-term imprisonment ranging from three years and two months to one year and three months in accordance with law for the crime of picking quarrels and provoking troubles. In addition to the deceased Luo XX, another person involved in the case was called by Zhu XX for unknown reasons, and did not act after arriving at the scene, and was not investigated for criminal responsibility according to law. After the first-instance judgment in the above-mentioned cases, the above-mentioned defendants all served their judgments and did not appeal, and the judgments have taken legal effect.

Question Seven

Why is the case not heard in public? Why isn't the verdict published online?

Pursuant to Article 285 of the Criminal Procedure Law of the People's Republic of China and Article 557 of the Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China, cases in which the defendant is under the age of 18 at the time of trial shall not be tried in public. Because Wu was under the age of eighteen at the time of the trial, our court heard the case in closed court in accordance with the law. According to article 4 of the Provisions of the Supreme People's Court on the Publication of Judgment Documents by People's Courts on the Internet, "Juvenile crime cases shall not be published on the Internet", the judgment documents in this case must not be disclosed online in accordance with law.

Because Wu's mother unilaterally disclosed the facts of the case to the relevant media several times during the first and second trials of this case, it aroused public concern. Therefore, this court responds to public concerns in response to public concerns under the circumstance of protecting the defendant's relevant identity information in accordance with the law.