Hunan, Xiangxi. A 14-year-old boy was afraid to tell his parents and teachers about school bullying, so he put a folding knife in his pocket to strengthen his courage. Soon after, the boy was blocked in the toilet by 15 people and beaten, and he pulled out a folding knife and brandished it, injuring three students. After the incident, the boy was subjected to criminal coercive measures for the crime of intentional injury.
1. Details of the case
Xiao Jiang's parents are in a small business, but the two are not in their hometown, but in Xiangxi. Xiao Jiang was only 14 years old at the time, and he also transferred to a local middle school with his parents.
(Case source: Intermediate People's Court of Xiangxi Autonomous Prefecture, Hunan Province)
Xiao Jiang's academic performance is above average, but he is introverted, especially after transferring to another school, Xiao Jiang is even more reticent in the face of an unfamiliar environment and classmates, which also causes him to be unable to integrate into his classmates for a long time.
In such a situation, a few classmates in the class gradually looked at Xiao Jiang unpleasantly, and often found fault with him when he had nothing to do, Xiao Jiang was always silent and let him go, so that those people felt that he was weak and could be bullied, and bullied him even harder.
The sensible Xiao Jiang was worried about causing trouble to his parents, and he was reluctant to tell them about it, and under the threat of those people, he was worried that telling the teacher would lead to more serious retaliation, so Xiao Jiang has been patient and has been bullied on campus for a long time.
has been bullied many times, and Xiao Jiang is also holding his breath in his heart, so he secretly saved a little money and bought a folding knife and put it in his pocket to give himself courage.
One day after school, Xiao Jiang was stopped by several people, they took Xiao Jiang to the toilet, the other students saw this, frightened and hurried away, leaving Xiao Jiang and 15 other students of the same grade in the toilet.
These people were men and women, some went up to push and beat Xiao Jiang, and some stood aside and laughed and watched the excitement. Xiao Jiang lowered his head as usual and didn't dare to resist, but this time they fought more and more, and some people kept slapping Xiao Jiang's face.
Xiao Jiang was beaten for a long time, his face was already swollen to numbness, and his body was kicked a lot, and his heart hurt when he moved a little.
Even if the clay man has three points of fire, let alone a 14-year-old boy? In the face of the siege of 15 people, Xiao Jiang couldn't hold back any longer, took out a folding knife from his pocket, and shouted while waving it indiscriminately: "Get out of here, it's not polite to beat me again!" ”
The crowd scattered and fled, and in the chaos, three students were stabbed by Xiao Jiang, who took the opportunity to escape from the toilet.
After the incident, someone told the teacher, and the school rushed to send the injured three people for treatment and called the police. Two of the three were identified as having a grade 2 serious injury and one was found to be a minor injury.
After the police intervened in the investigation, they took criminal coercive measures against Xiao Jiang on suspicion of intentional injury, and soon sent him to a detention center. Subsequently, the case was transferred to the prosecution for review and prosecution.
The prosecutor believes that Xiao Jiang could have told his parents or teachers after being bullied, but he bought a folding knife in preparation and premeditation, and eventually caused serious consequences. Chiang's actions did not constitute legitimate self-defense, but intentional injury.
In the end, Xiao Jiang was prosecuted for intentional injury.
2. Legal analysis
The point of contention in Xiao Jiang's case is that Xiao Jiang prepared a folding knife in advance, which ultimately caused serious consequences of two serious injuries and one minor injury.
1. What is justifiable defense?
For example, beating a person is illegal and is an ongoing unlawful offense, while striking a person in order to prevent the unlawful offense from being carried out is justified defense and is not illegal.
There are five elements of justifiable defence:
Specifically, justifiable defense must be the unlawful offense being carried out by the wrongdoer, such as infringing on the personal rights or property rights of individuals or others, and if the unlawful offense has not started or has stopped, it does not constitute justifiable defense.
In addition, defensive acts must not exceed the limits necessary. If the defender has already stopped the unlawful aggressor's infringement and continues to act in defense, ultimately resulting in injury to the unlawful aggressor, it is considered excessive defense.
In addition, the act of defence must be carried out against the wrongdoer, and if it causes damage to others during the period of prevention, it is not justifiable defence.
2. What is intentional injury?
There is an essential difference between intentional injury and justifiable defence.
From the literal meaning, it can be seen that two conditions need to be met to constitute intentional injury, that is, the perpetrator has carried out an act that harms the physical health of others, and there is subjective intent.
In the case of Xiao Jiang, the prosecution held that Xiao Jiang's instructions for preparing the knife in advance were premeditated, so he was found guilty of intentional injury.
3. Identification of Xiao Jiang's behavior.
The prosecution determined that Xiao Jiang deliberately injured him to a certain extent, but there is one point that cannot be ignored, Xiao Jiang has been bullied for a long time, and was called away and beaten by more than 10 people on the day of the incident, for a minor who is only 14 years old, the fear and panic in this situation can be imagined.
Xiao Jiang bought a folding knife and put it on his body, more to give himself courage, not to hurt others, otherwise as soon as he was beaten, Xiao Jiang would take out the folding knife, instead of being beaten for a long time before fighting back.
Therefore, when Xiao Jiang was dragged into the toilet by 15 people and beaten, it was an unlawful assault in progress, and when Xiao Jiang's life and safety were not guaranteed, he took out a folding knife and brandished it in order to protect himself, which should be found to be legitimate defense.
Xiao Jiang brandished a folding knife to scare off the 15 people who surrounded him, and eventually caused three injuries, and Xiao Jiang fled immediately after the crowd dispersed, and his behavior did not exceed the necessary limit.
In summary, Xiao Jiang's conduct should be found to be legitimate defense and did not exceed the necessary limit.
The court held that whether the justifiable defense exceeded the necessary limit should not be judged from the perspective of God after the fact, but from the perspective of the parties.
Xiao Jiang, who was only 14 years old, was beaten by 15 people, and his heart was afraid of panic.
Therefore, Xiao Jiang took out a folding knife and fought back in the face of the beating, which met the standard for determining legitimate defense and did not constitute the crime of intentional injury.
However, the matter was not over, and the prosecutor was not satisfied with the first-instance verdict and filed a protest with the higher-level procuratorate. Two years later, the higher-level procuratorate found that the protest was unfounded and withdrew it. Xiao Jiang was acquitted.
Although Xiao Jiang was eventually acquitted, the case went through three years, and Xiao Jiang, who was only 14 years old at the time of the crime, was also detained for 11 months because of this incident.
Some people say that although Xiao Jiang was acquitted, what should he do with the three years of delay and study?
What do you think about this case? #头条创作挑战赛#