Recently, the criminal detention of a college student and a drunk man in Jinan has attracted public attention, and the Jinan police have upgraded the case to handle it, and the procuratorate has intervened simultaneously. On the 15th, the Jinan Electronic and Mechanical Engineering School, where the incident occurred, declined an interview with a reporter from the upstream news (report mailbox [email protected]). Regarding the question of whether the college students involved were justified in self-defense, the upstream news reporter interviewed a person in the legal profession, who said that it is necessary to focus on whether the act carried out exceeds the necessary limit, and if it does not exceed the necessary limit and does not cause serious consequences, it should be justified defense.
The university refused to respond to a conflict with a drunk man who suffered brain herniation
Previously, according to Red Star News, on the evening of March 31 this year, there was a conflict between people and students outside Jinan Electronic and Mechanical Engineering School.
According to family members and insiders, three drunk men pretended to be takeaway boys and teased a female classmate in the school who was taking takeaway through the school fence. Student Xiaochao (pseudonym) and two other male classmates walked here while inspecting the situation that students were prohibited from ordering takeout on campus, and learned that the girl had a conflict with three drunk men outside the school, and then had a verbal altercation with the three drunk men.
After that, 3 drunk men outside the school walked to the school gate, walked to the campus gate, and forcibly broke into the campus despite the persuasion of the campus security personnel, and one of the men stepped forward and choked Xiaochao's neck. Xiao Chao felt his breath suffocated, and punched back, knocking the man to the ground. The moment the man fell to the ground, his head hit the ground.
After that, the local police rushed to the scene to deal with it, and the two sides signed a settlement agreement, "At that time, the police judged that it was a mutual assault, the other party said that they did not want to cause trouble, and the students also said that they did not want to cause trouble, so the two sides signed a letter of understanding." ”
However, on April 1, Xiaochao's father received a detention notice from the Jinan Municipal Public Security Bureau's High-tech Development Zone Bureau, and Xiaochao was criminally detained on suspicion of intentional injury. The injured drunk man was taken to the hospital and was diagnosed with brain herniation, where he underwent a craniotomy and is now conscious and transferred from the ICU to the general ward.
On the 15th, the upstream news reporter contacted Jinan Electronic and Mechanical Engineering School, and a staff member said that it was not convenient to accept media interviews at present.
Xiaochao's father and some netizens believe that it was the drunk man who hit Xiaochao first, and Xiaochao is a legitimate defense, but some netizens think that the incident is "a quarrel escalating into a fight".
On April 14, according to CCTV reports, the Jinan Municipal Public Security Bureau has set up a special case team composed of legal system, criminal investigation and other police departments on the 12th to be stationed in the Jinan High-tech Zone Public Security Bureau, upgrade the case to a higher level, and invite the Jinan Municipal Procuratorate to intervene in the case to give guidance and supervision. The relevant person in charge of the Jinan Municipal Public Security Bureau said that the case is currently under further investigation, and the investigation of the case will be announced in due course, and at the same time accept the supervision of the media and the public.
Can a verbal altercation during an inspection of takeaway be deemed a reasonable restraint?
It is understood that Xiao Chao, a college student involved, walked to the place of the incident with two other male classmates when they were inspecting the situation that students were prohibited from ordering takeout on campus, and learned that the female students involved had a conflict with three drunk men outside the school, and then had a verbal altercation with the three drunk men, and then had a physical altercation with the drunk man when he rushed into the campus. So can the behavior of college student Xiaochao when he was enforcing the relevant regulations of the school be determined to be a reasonable stop rather than a mutual assault?
Fu Jian, director of Henan Zejin Law Firm, believes that mutual assault usually refers to two or more people hitting and injuring each other in a fierce physical conflict, and there is an intentional act of injuring the other party, and reasonable restraint is a stopping measure taken to prevent the harmful behavior from continuing to expand or continue.
In this incident, Xiao Chao's specific behavior still needs to be determined by the public security organs, but his behavior that occurred while enforcing the relevant regulations of the school subjectively has the intention to stop the continuation or expansion of harmful behavior, and is more inclined to reasonably stop the behavior.
Fu Jian said that on the one hand, these students are the relevant personnel in the school to check and order food delivery, and under certain circumstances, they have certain management rights, so for outsiders who illegally invade the campus, these students can certainly be stopped, and they have a legitimate identity. On the other hand, in the face of unlawful infringement, anyone can act courageously to prevent the unlawful infringement from continuing, which is the legitimate right of defense granted to citizens by Article 20 of the Criminal Law, and the student's behavior has a legitimate legal source.
What is the responsibility of outsiders entering the school to harass female students to take the lead?
After the conflict between Jinan college students and the drunk man to the other party's brain herniation incident, upstream news reporters learned through Internet search that in recent years, incidents of off-campus personnel entering the university campus to harass students have occurred from time to time.
On November 1 last year, online video showed that outside the library of Hubei University in Wuhan City, Hubei Province, a student couple at the school had a dispute with people outside the school, and the two sides had a physical altercation. On November 2, the relevant person in charge of the Propaganda Department of the Party Committee of the school said that at around 17:20 on November 1, in front of the school library, social workers Ma and Ding clashed with two students of the school. After the incident, Hubei University and the police station in the jurisdiction dealt with it as soon as possible. After mediation, the two parties signed a letter of understanding and apologized to each other at around 1:20 on the 2nd.
In addition, on September 27 last year, a netizen posted that a female student from China University of Political Science and Law woke up in her dormitory and found that her thigh was being touched by a strange man. Late at night on September 27, the Security Office of China University of Political Science and Law issued a statement:
At about 4 o'clock in the morning on September 27, a man from outside the school sneaked into the campus from the motor vehicle passage at the south gate of the school's Changping campus and entered a student dormitory in the Zhu 2 student apartment. At present, the man has been criminally detained by the public security organs.
According to a 2017 report by China Youth Daily, the China University Media Alliance issued a questionnaire to 601 college students from more than 100 colleges and universities across the country in response to "college campus safety issues". According to the survey results, 7.58% of the surveyed college students have been harassed by unknown people outside the school, and 65.24% of the interviewed college students said that although they have not been harassed by unknown outsiders, some of their classmates around them have encountered it.
In this regard, Fu Jian, director of Henan Zejin Law Firm, believes that according to the "Civil Code" and "Criminal Law", off-campus personnel harassing female students to break into the campus and beat others first infringe on the personal rights and interests of female students, and should bear civil tort liability. The school is a public place, and entering the school to beat people is a disturbance of public order, and violent acts are also committed, which may constitute the crime of picking quarrels and provoking trouble, and bear criminal responsibility. The use of violence to cause harm and serious harmful consequences may also involve the crime of intentional injury.
Should a student who has been beaten and retaliate after causing serious consequences be judged to be justified in self-defense?
In this regard, Fu Jian believes that the following aspects should be considered in order to meet the requirements of justifiable defense: 1. Cause conditions: the existence of unlawful infringement; 2. Time conditions: when the unlawful infringement is ongoing; 3. Object conditions: the legitimate defense must be aimed at the unlawful infringer; 4. Limit conditions: legitimate defense cannot exceed a certain limit; 5. Intention element: it must be to stop the unlawful infringement.
In view of the situation faced by Xiaochao, a college student in Jinan, it is necessary to fully consider the environment and psychology of the defender Xiaochao in the face of illegal infringement. In this case, the unlawful aggressor locked Xiaochao's throat, which is an extremely dangerous act, and will suffocate to death in a serious way, at this time, the unlawful infringement is urgent and dangerous, and the harmful act is being carried out, causing a serious threat to Xiaochao's life and safety, in order to protect his own safety, Xiaochao carried out the act of swinging his fist to fight back, which meets the above elements of the cause, object, time, and intent of legitimate defense, and the limit of the act does not exceed the limit of the harmful act, and the act of defense is not continued after the unlawful infringement is stopped, it should be justified defense.
Upstream news reporters noticed that in recent years, discussions on "legitimate defense" and "excessive defense" have attracted the attention of public opinion, among which the "8.27 Kunshan knife slashing case" has attracted the highest attention.
According to public information, at 21:35 on August 27, 2018, a criminal case occurred at the intersection of Zhenchuan Road and Shunfan Road in Kunshan Development Zone, Jiangsu Province, and a minor traffic accident occurred between a car and a bicycle. During the argument, a man in the sedan took out a knife and slashed at the owner of the bicycle, after which the long knife accidentally landed, and the cyclist picked up the long knife and chased the man with a knife, and the man was cut and fell to the grass. As of August 28, 2018, the case resulted in the death of Liu Moumou in the sedan and the injury of the cyclist Yu Moumou.
On the afternoon of September 1, 2018, the Kunshan Municipal Public Security Bureau and the procuratorate successively issued notices, determining that Yu XX's actions were justified defense and did not bear criminal responsibility.
Upstream News Reporter Tang Hao Part of the information is synthesized from China Youth Daily, Red Star News, Peninsula Metropolis Daily, etc