According to article 20 of the Criminal Law, 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.
The "Kunshan Anti-Homicide Case" that occurred in 2018 became a Guiding Case of the Supreme People's Procuratorate, which is of great significance, and before that, the boundary between legitimate defense and excessive defense was not very obvious, such as the determination of "ongoing". In the "Kunshan Anti-Homicide Case", Yu X was slashed by Liu X with a knife, but in the process of Liu X wielding the knife, the long knife fell to the ground, and Yu X quickly picked up the ground that fell to the ground, and in turn slashed at Liu X...
The case triggered a heated discussion among everyone, because Liu xxx had lost the knife, and many people felt that the illegal infringement had "stopped", but Yu xxx picked up the knife and chased after Liu xxx, slashed liu xxx, causing the death of the other party, and the legitimate defense exceeded the necessary limit.
However, in this case, Liu's behavior belongs to the "murder" in the sense of criminal law, and a normal person suddenly sees another person take out a long knife and slash at himself, and will feel frightened and feel that his personal safety has been greatly threatened, so Liu's unlawful infringement is actually an ongoing process.
In judicial practice, the defender cannot be required to make a rational judgment in the case of emergency response, let alone on the premise that the defender suffers actual injury, but should be judged according to the specific situation at the scene and the cognitive level of ordinary people in society.
The Public Security Bureau finally issued a notice that Yu X's behavior was justified in self-defense and did not bear criminal responsibility.
But the Case of Hu Kefeng is somewhat different, and we will review the specific circumstances of the incident.
In the early morning of March 7, 2012, Hu Kefeng was woken up by his father and told that someone had stolen steel pipes on the construction site, the moon was hazy, Hu Kefeng could only see that there was a person who was indeed stealing steel pipes, but he did not know whether it was a man or a woman, and Hu Kefeng was a warm-hearted person, and usually did not do anything to help others, so Hu Kefeng did not ignore it, but picked up a knife from the kitchen.
Hu Kefeng caught the thief who stole the steel pipe, and also knew that the other party was a woman, at that time, Hu Kefeng's brain came up with the idea of "can't hit a woman", and this shaking god, the other party made a defiant act, smashed into Hu Kefeng with a steel pipe, Hu Kefeng did not think much, he took the knife and slashed at the thief, unfortunately, this knife was in the head of the thief.
Subsequently, Hu Kefeng called the police and emergency number.
Originally, it was a righteous and courageous act, but it turned out to be a deliberate injury, which was difficult for Hu Kefeng to accept, and after this matter spread, many untrue words began to circulate, which caused a great negative impact on Hu Kefeng and his family. Hu Kefeng felt aggrieved and said:
"If I am convicted of intentional injury, I believe that this will have a major impact on the morality and value orientation of the whole society, and who will dare to see righteousness and courage in the future?"
The whole situation of the comprehensive case can be divided into two parts: Zeng X (a thief who stole steel pipes) theft case and Hu Kefeng saw the righteous courage for the incident, indeed, the society advocates seeing the righteous courage, seeing the thief stealing, even if the theft is not his own thing, but pay attention to it, to stop it, it can be said that Zeng X has a high moral character.
However, seeing the righteous courage also needs to grasp the good measure, everyone hates the thief, and after catching the thief, he beat him up, and the result is that the other party is seriously injured, and it is very likely that it is determined that legitimate defense obviously exceeds the necessary limit and causes major damage, and needs to bear criminal responsibility.
In the case of Hu Kefeng's righteous courage, after investigation, the facts of Zeng's theft were clear and the evidence was conclusive. In addition, in accordance with the provisions of article 269 of the Criminal Law, who commits the crime of theft, fraud or robbery, and uses violence on the spot or threatens violence in order to conceal stolen goods, resist arrest or destroy evidence of the crime, he shall be convicted and punished in accordance with the provisions of article 263 of this Law.
In this case, Zeng's behavior is actually difficult to be found to be the crime of robbery, and there are other violent crimes that seriously endanger personal safety. Although Hu Kefeng's starting point is good, his behavior is indeed impulsive, causing Zeng to be seriously injured.
However, Hu Kefeng was sentenced to pay more than 1.3 million yuan to a certain family, he could not accept it, always believed that he was seeing righteousness and courage, on December 10, 2012, Hu Kefeng knelt in the street for two hours, letting the masses vote on their own, to see whether he saw the righteous courage or deliberately hurt?
And 500 tickets were thrown into the box of righteous bravery. The masses are still sympathetic to Hu Kefeng, believing that without Zeng's theft first, it is impossible for the latter things to happen, and we cannot only see that Zeng was seriously injured, but also see Zeng's theft.