Because of one look, a life was lost.
The police in Songyuan City, Jilin Province issued a notice confirming that the Internet celebrity Jia Bao Ge was stabbed by the other party with a knife because of a verbal altercation with a drunk man, and died after rescue.
Brother Jiabao, 54 years old, divorced, because of his lonely and depressed life, he loves to dance square dances, and likes to clip a briefcase under his armpit, this contrast between his image and behavior has made him a well-known local Internet celebrity.
The perpetrator Zai, 53 years old, did not know Brother Jiabao, came to the square drunk that day, and inadvertently glanced at Brother Jiabao, thinking that the other party's eyes were not good, and the two sides had an argument about it.
Unexpectedly, Zai suddenly approached Brother Jiabao, holding a fruit knife, and suddenly stabbed his thighs, back and other parts, suspected of piercing the artery, causing him to lose too much blood, and died of ineffective rescue.
In reality, there are many such people, their lives are unsatisfactory, they use wine to drown their sorrows, and after drinking, they look for a sense of existence all over the world, and they can't wait to ask everyone they meet, "Are you convinced"? Once he is not satisfied, he will become angry and angry, and he will fight at least and commit murder with a knife, which is a typical "social instability factor".
But some people also asked, some people are really uncontrollable after drinking, can they be dealt with lightly when they commit a crime at this time?
It is true that there are many circumstances in our country that restrict and exempt criminal responsibility, such as minors or mentally ill people, or blind, deaf and mute people or the elderly, who can be mitigated, mitigated, or even exempted from punishment under certain circumstances.
Only for the drunken person, Article 18, paragraph 4 of the Criminal Code is separately pulled out and named - the drunk person commits the crime and should bear criminal responsibility.
The reason is not complicated, if you can get drunk and you can be lenient, then wouldn't it be good if everyone who wants to commit a crime will get themselves drunk?
Joint research on law and medicine has shown that ordinary physiological drunkenness does cause hyperactivity, impulsiveness and decreased reflexes, but it does not show psychotic traits, let alone affect the ability to recognize.
In other words, people will not be unable to distinguish right from wrong because they are drunk, and they will not know that "if a person is killed, he will die", and he will not know that "murder is a crime".
Just like many netizens commented: I can't help beating people after drinking, you call his father or leader to see if he can bear it?
It can be seen that drunkenness is just a fig leaf for some people to behave indiscriminately.
Taking a step back, even if the ability to control is weakened after being drunk, the perpetrator is completely free to choose whether to drink alcohol or not.
This is the "theory of freedom of cause behavior" in criminal law, that is, although the perpetrator has completely or partially lost the capacity for responsibility at the stage of committing the crime, but has full capacity for responsibility at the stage of setting up the cause, then he still has to bear full responsibility.
This is also the reason why drunk driving constitutes a "dangerous driving crime" – you can't control your drunken behavior, but you can always control whether you drink or not? If you really don't want to sin, then if you don't drink, won't it be over?
Having said that, what responsibility will the murderer in this case, Zai, bear?
The wording of the circular is "stabbing the victim with a knife, and the victim dies after rescue efforts fail", which shows that the current characterization is "intentional injury causing death", and the sentencing is divided into three levels: fixed-term imprisonment of more than 10 years, life imprisonment, and death.
According to insiders, the murderer has surrendered after the fact, so if he can actively admit guilt and accept punishment, and prove that there is passion, plus actively compensate the victim's family and obtain forgiveness. Then it is possible to get a life sentence or even less.
I'm always helpless about this kind of case, because I can't learn any lessons. The victim has not done anything wrong, and there is no way to prevent it, who would have thought that dancing a square dance and looking at someone would cost him his life?
It can only be said that in the face of those garbage people who are obviously finding fault and provocative, don't try to reason with them and distinguish between right and wrong, and admit it when it is time to admit it. The other party is likely to have a bad life and have no scruples, so for the sake of the people and things we love, we can only take a step back, the so-called "narrow road to meet, the noble one gives way".