The case of the husband stabbing the person caused a legal controversy, justifiable defense or intentional injury? How to balance marital rights and personal freedom?
1. Characterization of the case
Pfizer's conduct constituted the crime of intentional injury, not justified self-defense or negligence causing serious injury. He slashed Chen Beifang with a knife, subjectively with the intent to injure, and objectively caused serious injuries that met the constitutive elements of the crime of intentional injury.
2. Justifiable defense is not established
Chen Beifang was invited into the household, and although there was a moral dispute about having a relationship with Lu Qianqian, it did not constitute an illegal infringement. Lu Qianqian has sexual autonomy, and Pfizer Leung has no right to commit violence on the grounds of legitimate self-defense.
3. Sentencing considerations
The court comprehensively considered Liang Pfizer's voluntary surrender, compensation and other circumstances, and finally sentenced him to two years in prison with a three-year probation, which embodies the principle of proportionality of crime and punishment and the educational and reform function of the criminal law.
4. Social Revelation
This case reflects the issue of the boundaries of rights in marriage. The public should raise their awareness of the law, handle emotional disputes rationally, and avoid resolving conflicts by violent means. Attention should also be paid to the construction of marital morality and the maintenance of family harmony and stability.
