Tian Feng, a man from Baoding, Hebei Province, killed his brother-in-law to protect his sister. During the prosecution review and prosecution stage, Tian Feng's family signed a "Letter of Agreement" with the other party in order to obtain the forgiveness of the deceased's family and paid 300,000 yuan in compensation to the deceased's family.
In the end, Tian Feng's injury to his sister was found to be legitimate defense, and he received more than 320,000 yuan in state compensation. After that, Tian Feng took the family of the deceased to court, demanding the return of the 300,000 yuan of previous compensation. At present, Tian Feng's claim has been rejected, and he said in court that he would appeal.
According to a previous report by Red Star News, late at night on April 19, 2017, because of trivial matters, Zhao and his wife Tian had an argument, and the place of the dispute was located in the home of Tian Feng, Tian's brother. Zhao took out a sharp knife and stabbed tian in the abdomen; Tian Feng saw the situation and raised a shovel to stop it, and the two sides clashed.
During the conflict, Zhao was seriously injured and eventually died. In January 2018, Tian Feng's family signed a Letter of Agreement with the family of the deceased.
In July 2018, the Xushui District People's Court of Baoding City found in the first instance that Tian Feng's behavior constituted intentional homicide, but it was excessive defense, and sentenced him to 6 years in prison; in the second instance, the Baoding Intermediate People's Court also found that Tian Feng's behavior constituted intentional homicide, but it was excessive defense, and sentenced him to 3 years in prison.
Image according to Oriental IC
In July 2019, the Baoding Intermediate People's Court revoked the original judgment and remanded it to the Xushui District People's Court for retrial; subsequently, the Xushui District People's Court made a decision not to prosecute, holding that Tian Feng, in order to protect his family's personal rights from ongoing unlawful infringement, took defensive actions to stop the violent infringement against Zhao Mou, who injured people with a murder weapon, which was legitimate defense and did not bear criminal responsibility.
After the Xushui District People's Court allowed the prosecution to withdraw the case, on August 23, 2019, Tian Feng was released from Hebei Jizhong Prison and returned home. Tian Feng was detained for a total of 856 days, and the Baoding Intermediate People's Court made a state compensation decision of more than 320,000 yuan for Tian Feng, including more than 270,000 yuan for personal freedom damage and 50,000 yuan for consolation for mental damage.
After Tian Feng was released, he launched a civil lawsuit against the family of the deceased Zhao, requesting the court to revoke the previously signed "Letter of Agreement" and sentence Zhao's family to return 300,000 yuan in compensation.
Tian Feng's agent previously said in an interview with Red Star News that Tian Feng's act of hitting Zhao mou to save his sister was determined by the judicial organs to constitute legitimate defense and did not bear criminal responsibility, "According to relevant laws and regulations, those who cause damage due to legitimate defense are not liable." Tian Feng and his family did not have to pay compensation to the other party. The "Letter of Agreement" signed by Tian Feng and his family with the other party was against their true will. ”
In September last year, the case was heard in open court at the Xushui District People's Court in Baoding City. A year later, on September 1, 2021, the Xushui District People's Court pronounced a verdict on the case.
According to the content of the civil judgment obtained by Red Star News reporters from Tian Feng's agent and lawyer Yin Qingli of Beijing R&F Law Firm, the court rejected Tian Feng's litigation claim.
The court dismissed Tian Feng's claim
The Xushui District People's Court stated in the judgment that the "Letter of Agreement" signed between Tian Feng's family and the family of the deceased Zhao was of the nature of a civil contract, and after Tian Feng was taken criminal compulsory measures for causing Zhao's death, Tian Feng's family reached this agreement with the other party on relevant matters in order to obtain the forgiveness of the deceased's family, so that Tian Feng could be lightened, mitigated or exempted from criminal punishment.
The Xushui District People's Court held that one of the focal points of the dispute in this case was "whether Tian Feng's family signed the Letter of Agreement based on a material misunderstanding."
In this regard, Tian Feng's agent proposed that when signing the "Letter of Agreement", the public security organs and the people's procuratorate convicted Tian Feng of intentional homicide, and on this basis, if the victim's family's forgiveness was not obtained, Tian Feng's sentence might be heavier, and he was forced by this situation to sign the "Letter of Agreement" before signing the "Letter of Agreement" and after the judicial organs determined that Tian Feng was justified in defense, Fang knew that the "Letter of Agreement" was signed under the circumstances of major misunderstandings, "Looking at the content of the "Letter of Agreement" is obviously unfair." ”
In this regard, the Xushui District People's Court said in the judgment, "The place where the two sides negotiated and signed the "Letter of Agreement" was in the office of the Baoding Municipal People's Procuratorate, and there were many relatives and friends of Tian Feng participating, and there was no hasty or negligence; at that time, Tian Feng's criminal case was in the stage of review and prosecution by the procuratorial organs, and whether Tian Feng constituted a crime was still in a state of uncertainty, there may be guilt or innocence, and every participant who signed the "Agreement" should be able to make this judgment." ”
The Xushui District People's Court stated that Tian Feng's family made the decision without a full understanding of the nature of the agreement, and there was no misunderstanding; the prosecution finally made a decision not to prosecute, finding that Tian Feng "belonged to legitimate defense and did not bear criminal responsibility", which was one of the possible outcomes that Tian Feng's family could foresee when signing the "Agreement", so Tian Feng's family was not based on a major misunderstanding.
The Xushui District People's Court held that the "Letter of Agreement" reached by Tian Feng's family through consultation between the two parties in order to obtain the forgiveness of the deceased's family was an expression of the true intentions of the parties, did not violate the mandatory provisions of laws and administrative regulations, and was legal and valid; after Tian Feng was found to be legitimate defense, he requested the revocation of the "Agreement" on the grounds that the "Agreement" was reached based on a major misunderstanding, etc., and the reasoning was insufficient, and the court did not support it.
After Tian Feng's claim was rejected, on the morning of September 1, 2021, Tian Feng's litigation agent Yin Qingli told Red Star News reporters that he was puzzled by the judgment.
Yin Qingli believes that article 181 of the Civil Code clearly states that those who cause damage due to legitimate defense do not bear civil liability, so the compensation understanding agreement signed by the two parties in the criminal case is only a form of whether they bear compensation liability in the defense case, "whether the agreement should be revoked depends on whether the final court determines legitimate defense." ”
Yin Qingli introduced that since Tian Feng was finally found to be justified in defense, naturally he should not bear any compensation liability, revoke the previously signed "Letter of Agreement", and return 300,000 yuan in compensation to the family of the deceased, which is to maintain the seriousness and fairness of the legitimate defense system. After Tian Feng's claim was rejected, he said in court that he would appeal.
Previously reported: The man was acquitted after 856 days of detention for his sister-in-law and was compensated 320,000 yuan by the state
Protecting her sister and killing her brother-in-law was found to be legitimate defense She was detained for 856 days and applied for state compensation
The brother protected his sister and killed his brother-in-law and was convicted of intentional homicide and acquitted in the retrial
After the man changed the acquittal of his sister-in-law and killed his brother-in-law, he sued the family of the deceased and demanded the return of 300,000 yuan in compensation
Red Star News reporter Wang Jianqiang
Edited by Pan Li
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