May 16th
The Rule of Law Daily disclosed one
Typical cases involving justifiable defense
Jilin Huadian man Xiaoshuai and his wife Xiaomei
Divorce due to emotional discord
However, during the cooling-off period of divorce
Xiaoshuai actually broke into Xiaomei's house with a knife
was killed by his eldest brother Ali with a knife......
in this case
Xiaomei Ali and others are intentional homicides
Or is it just in self-defense?
After the incident, the local public security
Invite the procuratorate and the people's court
The case was studied and judged
In the end, Xiaomei and others were identified
It is justified defense, and it does not bear criminal responsibility!
(Names have been changed)
Broke into his ex-wife's house with a knife and was killed
Xiaoshuai and Xiaomei are both post-80s, authentic farmers in Huadian City, the two have a son after marriage, Xiaoshuai often works outside, and Xiaomei takes care of her son who goes to school at home. The relationship between the two has not been very good, and they often quarrel over trivial matters in life, so Xiaomei will go back to her parents' house every once in a while, and after a long time, Xiaoshuai suspects that there is someone outside Xiaomei, and the conflict between the two continues to escalate.
In August 2023, Xiaomei filed for divorce from Xiaoshuai and went to the civil affairs department to apply for divorce. Subsequently, Xiaomei left the child at her grandfather's house and returned to her parents' house by herself.
During the cooling-off period of divorce, Xiaoshuai came to Xiaomei's mother's house and argued with Xiaomei again on the topic of divorce-
"You cheated in marriage, you have to give me an explanation......" Xiaoshuai accused Xiaomei of cheating in marriage, and Xiaomei denied it.
"Do you dare to show everyone your phone?" Xiaoshuai said.
"Just look! What can be so remarkable! Xiaomei is not to be outdone.
As a result, Xiaoshuai really found ambiguous information about Xiaomei and other men in the mobile phone chat history......
"Give you three choices, one is to take out 500,000 yuan as a mental damage fee; The second is that you drink pesticides and cut off on your own; The third is that I will kill your whole family......" the angry Xiao Shuai threatened on the spot.
In the face of the tense situation, the eldest brother Ali repeatedly persuaded and made peace, and finally agreed to give Xiaoshuai 500,000 yuan in "compensation".
Because Xiaomei's family is not wealthy, that night, Xiaomei's family called to communicate with Xiaoshuai: "Let's see if you can give less first?" Will you pay in installments later? ”
"No, if you don't give me money, either Xiaomei will kill herself, or I will kill your whole family......" Xiaoshuai almost lost his mind.
After hanging up the phone, Xiaomei was very worried that Xiaoshuai could really do stupid things, and checked the monitoring of her home through her mobile phone from time to time - I saw Xiaoshuai put a homemade long knife into the trunk of the car, and put a knife in his pocket, and then drove out......
Seeing this scene, Xiaomei was frightened and quickly told her mother and brother Ali about the situation. Ali was afraid that Xiaoshuai would really bring a murder weapon to hurt his family, so he stuffed a kitchen knife for his mother and Xiaomei, and hid a pig-killing knife behind the door.
At about 23 o'clock on the same day, Xiao Shuai really broke into Xiao Mei's house with a knife, and couldn't help but say, he raised the knife and slashed at the head of Ali who was sitting behind the door, Ali dodged forward, and the knife hit Ali's shoulder, Xiao Mei and Xiao Mei's mother saw this and Xiao Shuai fought together, and in a hurry, Ali took out a pig killing knife from behind the door and stabbed Xiao Shuai several times in the abdomen, and then found that Xiao Shuai's body was leaning against the corner of the wall motionless, Xiao Mei, Ali and his mother woke up from the shock, and Ali immediately called the police......
The procuratorate supervises and upholds the public security decision not to file a case
The public security organs soon took criminal coercive measures against Xiaomei, Ali and their mother. Through the filing and investigation, the police fully studied and judged whether the behavior of Xiaomei's mother and son was suspected of intentional homicide, legitimate defense, or excessive defense, and relied on the investigation supervision and coordination mechanism to invite the procuratorate to carry out early intervention work.
The prosecutor handling the case repeatedly checked the surveillance video on the day of the crime, sorted out the evidence involved in the case, and understood the causes and consequences of the case, and the prosecutor handling the case repeatedly communicated and discussed with the public security organs and the court handler, and finally reached a consensus - it was determined that Xiaomei's mother and son constituted legitimate defense and did not bear criminal responsibility for Xiaoshuai's death.
The public security organs immediately withdrew the case and lifted the coercive measures against Xiaomei, Xiaomei's mother, and Ali.
After the public security organs withdrew the case, Xiaoshuai's family members expressed great dissatisfaction with the outcome of the case, believing that Xiaomei's brother Ali constituted the crime of negligence causing death, so they applied to the Huadian City People's Procuratorate for supervision of investigation activities, and asked the public security organs to file a case for investigation against Ali in accordance with the law.
"After our procuratorial organs accepted it, they retrieved the files involved in the case, and at the same time consulted the evidence materials involved in the case, as well as the on-site surveillance video of key evidence, and submitted it to the procuratorial committee for study and discussion, and unanimously agreed that Xiaomei's brother Ali's behavior was justified defense, and the public security organ's decision to withdraw the case was completely correct."
The procurator handling the case said that after the procuratorate patiently explained the law and reasoning to Xiaoshuai's family, Xiaoshuai's family finally approved the opinion issued by the procuratorate.
Prosecutor says "law"
Compared with ordinary defense, the special defense system provided for in the Criminal Law of the Mainland does not require that defensive acts and unlawful violations be completely equal, but when judging whether a violent offense is ongoing, it should be based on the specific circumstances of the defender's defense, comprehensively consider the overall course of the case, and combine the possible reactions of ordinary people in similar situations, accurately grasp the conditions for defense in accordance with the law, and make a determination that the law is consistent with reason, reasoning, and feelings, demonstrating the spirit of the rule of law that "the law cannot yield to the lawless".
In this case, after the unlawful aggressor Xiao Shuai entered Xiaomei's house with a homemade machete, he did not have any verbal communication, and directly slashed at the head of his brother Ali, who was squatting behind the door, Ah Li leaned over and was cut on his left shoulder, and the mother and son stepped forward to tear Xiao Shuai, and Ah Li picked up the pig killing knife prepared in advance and stabbed Xiao Shuai, causing Xiao Shuai's death.
At this time, the mother and son are required to maintain a high degree of calm in the face of Xiao Shuai entering the house and suddenly slash people, and continue to negotiate with Xiao Shuai, it is really difficult for a strong man, although it caused Xiao Shuai's death, but the elder brother Ali's behavior meets the conditions for the cause of special defense, and if the unlawful offender dies, he will not bear criminal responsibility in accordance with the law.
In practice, violent conflicts have been triggered by the intensification of civil conflicts such as marriage and family, and neighborhood disputes, resulting in serious casualties, and it is hoped that the majority of citizens will treat issues such as marriage and family, and neighborhood disputes in a rational manner, correctly handle civil conflicts, and avoid the recurrence of tragedies.
END
Source: Rule of Law Daily
Editor: Shelley Xu
Proofreading: Yu Hongqing
Review: Wang Jin
Issued: Shi Qinghua
A wonderful review of previous issues
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Sister Han's "small book"
Sister Han's "small book"
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