The wife is dating her lover at home, and the husband who sleeps upstairs is woken up, thinking that the wife has been bullied and beats the other person to death with a baseball bat, is it justified defense? Or intentional injury?
This is a real case that occurred in practice, it was late autumn, Zhang and his wife Li mou rested upstairs early. Sleeping until midnight, Zhang suddenly heard a voice coming from downstairs, which sounded like his wife's. Zhang Mou touched the place where his wife slept again, and found that there was no one, which made him feel bad.
Zhang Picked up a baseball bat in the room, quietly walked down the stairs, through the moonlight, vaguely saw that his wife seemed to be being bullied by the other party, so he did not get angry, raised the baseball bat to the other party. During this period, Li actually protected the other party, and was pushed away by Zhang after being hit by a stick.
Subsequently, Zhang Moumu slammed the other person's head with full strength, and the man never got up after falling to the ground.
Afterwards, it was found that his wife Li mou and the man Wang mou of the same village had an improper relationship between men and women, and the two sides had been in contact for up to a year. At the time of the incident, Li and Wang agreed to have a private meeting with Zhang's home in the middle of the night, but they were unexpectedly discovered by Zhang, which led to a follow-up.
After identification, Zhang hit Wang Mou on the head with a baseball bat, causing him severe head injury and secondary bronchopneumonia, resulting in respiratory and circulatory dysfunction and death.
"The spring color of the garden can't be closed, and a red apricot branch comes out of the wall." Zhang Mou met such a woman, but also in the previous life to the big mold, not only let his head green grassland, but also for her to provoke criminal responsibility, it is really not worth it.
So how to evaluate Zhang's behavior?
First of all, Zhang's behavior does not constitute legitimate defense. The reason is that the precondition for legitimate defense is that there must be an unlawful infringement, and in this case, the wife Li took the initiative to open the door to let Wang enter her home, and had a relationship with him, which was voluntary, that is to say, there was no unlawful infringement.
In general, stealing can only be morally condemned and cannot be legally evaluated. Based on this, Zhang's behavior may establish a hypothetical defense, that is, the actor's defense against the unlawful infringement that does not actually exist, but is only subjectively believed by the actor.
Hypothetical defense should be treated differently depending on whether the perpetrator is subjectively negligent. If the perpetrator is subjectively negligent and the criminal law stipulates that it is a crime of negligence, it is treated as a crime of negligence and shall bear criminal responsibility; However, if the perpetrator is subjectively not negligent, it shall be treated as an accident and shall not bear criminal responsibility.
Therefore, Zhang's conduct established the crime of causing death by negligence and should bear criminal responsibility.
However, if we decide in this way, we will ignore an important point, that is, in the process of beating Wang, his wife has the action of protecting the other party, and Zhang should be able to judge the relationship between the two based on this. However, Zhang Did not stop his behavior, but under his anger, he beat the other party to death, at which time he no longer subjectively had the intention of defense, but should be the intention of injury.
Therefore, Zhang's act of beating the other party to death with a baseball bat constitutes the crime of intentional injury (causing death).
The two different determinations differ considerably in sentencing, and if the crime of causing death by negligence is constituted, the sentence is generally imprisonment of not less than 3 years but not more than 7 years; if the circumstances are less serious, it is sentenced to imprisonment for up to 3 years. Whoever intentionally injures a person causing death or causes serious disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
In any case, Zhang will eventually be punished by the law and bear corresponding responsibility for his actions.
Which view do you agree with on this? Everyone is welcome to leave a message below the comment area.
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