Author/Lawyer Gao Qing
【Brief Facts of the Case】
Li runs a beef noodle restaurant in a town, during which Yang Jia is responsible for supplying the store's rice. At around 10 a.m. on June 9, 2018, Li believed that there was a problem with the quality and quantity of the rice supplied by Yang Jia, and asked for a return, and Yang Jia had a dispute with Li. Subsequently, Yang Jia gathered his brother Yang Yi to carry a controlled knife into the beef noodle restaurant to theorize with Li, and then had a physical altercation. During the conflict, Li used a kitchen knife to slash Yang A and Yang B.
According to the professional evaluation, Yang Jia's right temporoparietal occipital scar was 9.5 cm long due to trauma, constituting a second-degree minor injury, and a neck scratch constituted a minor injury. Yang Yi suffered injuries to his right back, which also constituted a second-degree minor injury.
After the incident, Yang Jia and Li both took the initiative to call the police. On July 11, 2018, Li took the initiative to appear in the case after being summoned by the public security organs. Later, the public prosecution filed a public prosecution with the court on suspicion of intentional injury.
【Verdict】
First Instance Verdict:
1. Defendant Li X is found guilty of intentional injury and sentenced to one year and six months imprisonment;
2. It is decided that the defendant Li X shall compensate the plaintiff in the attached civil lawsuit Yang A for economic losses of 8,656.99 yuan and the plaintiff in the attached civil lawsuit Yang B for economic losses of 17,955.73 yuan within 10 days after the judgment takes effect.
Second-instance verdict:
1. Revoke the judgment of the court of first instance in a criminal case attached to a civil case;
2. It is ruled that the appellant (defendant in the original trial) Li X is not guilty;
3. The plaintiff's claims in the attached civil lawsuit of the original trial are rejected.
[Lawyer's Interpretation]
According to article 20 of the Criminal Law of the People's Republic of China, acts taken to stop illegal infringement in order to protect the state, the public interest, the person, property and other rights of oneself or others from ongoing unlawful infringement, and cause damage to the unlawful infringer, are justified defense and do not bear criminal responsibility. Where legitimate defense clearly exceeds the necessary limits and causes major harm, criminal responsibility shall be borne, but punishment shall be commuted or waived.
In this case, the following points of contention existed:
1. On the day of the incident, Li and Yang Jia had a dispute, and Yang A and Yang B, armed with controlled knives, suddenly broke into Li's beef noodle restaurant and physically assaulted him. The conduct of the two posed a serious threat to Li's personal safety and constituted an unlawful infringement in the sense of the Criminal Law. Li's defense in order to prevent the unlawful infringement is legitimate.
2. Li's defense against the ongoing unlawful infringement was necessary and urgent.
First of all, from the point of view of danger, Yang Jia was holding a controlled knife, although there is controversy about whether Yang Jia had a knife gesture and stabbing action, but the knife holding and breaking in were already threatening. In addition, Yang Yi has already committed an attack, which is enough to determine that the two brothers have caused a serious and realistic danger to Li.
Secondly, judging from the balance of forces, Li was alone and unprepared for the sudden intrusion and attack of the two brothers; The two brothers, on the other hand, were premeditated and equipped with controlled knives, and the balance of power between the two sides was obviously unequal.
Again, judging from the on-site environment, the restaurant has limited activity space, and there is only one main entrance, and the intrusion of the two has blocked the exit, so that Li has nowhere to escape.
Finally, judging from Li's subjective cognition, in a state of tension and fear, it is difficult for him to judge whether the next situation will be more dangerous. In a situation where he could not get rid of the real danger, his act of picking up a kitchen knife to defend himself was necessary and urgent, and was in line with people's normal psychological activities and expectations.
3. Li's defensive conduct did not clearly exceed the necessary limit and did not cause significant damage. Although he used two kitchen knives to defend, the first to attack was the dangerous Yang Jia, and he only slashed each person once, and did not continue to attack after achieving the purpose of defense, resulting in the two of them being slightly injured in the second degree. The result of the injury is commensurate with the degree of unlawful infringement carried out by the other party, does not exceed the necessary limit, and does not cause significant damage, so it is not considered excessive defense.
To sum up, Li's conduct met the requirements for the establishment of justifiable defense, and did not exceed the necessary limit and did not cause significant harm.