The parties to the "Juvenile Assault and Anti-Homicide Case" were sentenced to six and a half years in prison in the second instance

Nanchang, 10 Feb (Xinhua) -- On 10 February, the Jiangxi Provincial High People's Court disclosed a number of details of the second-instance trial of the "juvenile beating and anti-homicide case," in which the presiding judge answered questions on several issues that netizens focused on.

On January 29, the Intermediate People's Court of Ji'an City, Jiangxi Province, pronounced a second-instance judgment on the appellant Wu Mou for the crime of gathering a crowd to fight and intentional injury in accordance with the law, and sentenced him to three years' imprisonment for the crime of gathering a crowd to fight, and five years' imprisonment for the crime of intentional injury. After the verdict was pronounced, Wu said that he obeyed the verdict and pleaded guilty and accepted punishment.

Wu was beaten by many people, so why was he convicted of intentional injury and the crime of gathering a crowd to fight? Is the illegal and criminal act of the evil force gang in which Wu participated in related to this case? Does Wu constitute legitimate defense? In order to eliminate misunderstandings, the presiding judge of the case answered questions on several issues that netizens focused on.

According to the presiding judge of the case, Wu committed the crime of gathering a crowd to fight, which was carried out by him on February 27, 2020 in Yongxin County, Ji'an City, Jiangxi Province, and was 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. Wu's behavior in the "2.27" 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 hegemonic party, seeking revenge, seeking excitement and other improper motives, subjectively have the intention of taking the initiative to fight, actively infringing, objectively preparing tools in advance and armed to participate in the fight, disrupting social and public order, and his behavior has constituted the crime of gathering crowds to fight.

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.

It was also ascertained that Wu was a member of the evil force gang and had 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. 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.

In the case, "Wu was invaded by many people in the hotel room late at night and beaten, why was it considered to be excessive defense?" "Issues such as this have received a lot of attention. 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".

The presiding judge said that in this case, the conflict between Wang xxx and others had not yet escalated after entering the door, and after Zhu xxx and four 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, but in this case, Wu's behavior had serious consequences, and he was mitigated according to law. (End)

Source: China News Network