According to the police in Hejin, Shanxi Province, in the early morning of November 4, a man in Hejin City, Shanxi Province, injured people with a kitchen knife, causing injuries to three people. On the same day, the police and the crowd at the scene quickly controlled the criminal suspects.
At the time of the incident, the owner of the car, Mr. Yuantai, and his companions were driving two cars to prepare to run errands, when they passed the intersection, they found that someone was carrying a knife and committing murder, and the passers-by did not resist. In order to prevent the man from continuing to commit the crime, Mr. Yutai drove the car for the first impact, the suspect was hit and tried to leave, Mr. Zetai turned the front of the car for a second impact, the suspect fell to the ground and got up again, and the car hit the suspect twice.
Subsequently, the suspect was controlled by a number of passers-by, and Mr. Yutai also reminded the crowd not to beat the suspect, but to hand it over directly to the police, and dialed 110 and 120.
Lawyer's interpretation: Drivers should not be liable
For the owner of the car, Mr. Yuantai, who hit the car to stop the suspect's behavior, netizens praised the driver at the same time, but also set off a discussion about whether Mr. Yuantai's behavior would bear corresponding responsibility. Some netizens said that if they were present, they would not necessarily crash into it, fearing that it would lead to the death of the suspect; some netizens questioned whether the suspect was already leaving after being hit for the first time, and whether the driver should be liable for driving again?
Is Mr. Tamai's behavior reasonable? Under similar circumstances, can the public be assured to shoot when it is time to shoot? How to define the courage of righteousness?
Disputes arising from the courage of the righteous have been reported frequently in recent years
A number of lawyers responded to the Zhengguan News reporter that from the perspective of the whole process, Mr. Yuantai's behavior should be a civil act of seeing righteousness and courage; in criminal terms, it should be a legitimate defense, should not bear criminal responsibility, and to a certain extent, it should also be a meritorious service.
Zhou Zhaocheng, a lawyer at Beijing Yifa Law Firm, said that in this case, the suspect Zhao Mou, who was holding a murder weapon and slashing and killing others, was already suspected of a violent crime that seriously endangered personal safety, and the driver saw this situation and in order to protect the personal rights of others from infringement, the impact on the suspect should be a typical legitimate defense.
"Our criminal law stipulates that an act taken to stop an unlawful infringement in order to protect the State, the public interest, the person, property and other rights of oneself or others from ongoing unlawful infringement is legitimate self-defence and does not bear criminal responsibility if it causes harm to the wrongdoer. Where a person commits a defensive act in the course of committing murder, homicide, robbery, rape, kidnapping, or other violent crimes that seriously endanger personal safety, causing the death or injury of an unlawful infringer, it is not excessive defense and does not bear criminal responsibility. ”
In view of whether the suspect's act of seemingly wanting to leave and the driver's second impact can constitute legitimate defense, lawyer Zhou Zhaocheng told reporters that article 6 of the "Guiding Opinions on the Lawful Application of the Legitimate Defense System" made by the two supreme courts clearly stipulates that although the unlawful infringement is temporarily interrupted or temporarily stopped, the unlawful infringer still has the real possibility of continuing to carry out the infringement, it should be found that the unlawful infringement is still in progress. Where the wrongdoer has truly lost the ability to infringe or has truly given up the infringement, it shall be found that the unlawful infringement has ended.
"In this case, although the suspect seems to have the intention to leave after being hit for the first time, he still has a knife in his hand, and according to the situation at the scene at that time, there is still a realistic possibility of continuing to carry out the infringement, so the driver's second impact should still be considered legitimate defense."
Wang Hui, a lawyer at Henan Zhongli Law Firm, also said, "In this incident, the driver's behavior should be a legitimate defense. There shall be no responsibility for the act of stopping the perpetrator for the personal safety of others. ”
"Guaranteeing citizens' right to legitimate defense is where citizens' confidence lies in practicing the core socialist values, acting courageously in the face of righteousness, and carrying forward social righteousness, and those who meet the conditions for the establishment of legitimate defense should be resolutely determined in accordance with law and defend the spirit of the rule of law of 'abiding by the law and not making concessions to lawlessness.'" Lawyer Zhou Zhaocheng said.
Lawyers emphasize that legitimate defense needs to be measured
The lawyer in the interview also believes that even legitimate defense requires limits.
Lawyer Li Qiang of Henan Wenzhong Law Firm said, "Legitimate defense is a legal act that is beneficial to society, but it should be subject to certain restrictions. In similar circumstances, the exercise of legitimate defence should be limited to being sufficient to stop the unlawful infringement, to the extent that the other party cannot continue the infringement, otherwise the problem of excessive defense may arise".
"This 'degree' is really difficult to grasp, and legitimate defense has actually attracted the attention of relevant judicial departments in recent years." Lawyer Wang Hui told reporters that legitimate defense must be directed against the ongoing unlawful infringement, and once the other party's behavior is stopped, it cannot continue to harm the perpetrator.
She said that if legitimate defense clearly exceeds the necessary limit and causes major damage, it should bear criminal responsibility, but the punishment should be mitigated or waived.
How is "clearly exceeding the necessary limit" determined? Lawyer Zhou Zhaocheng told reporters that this should be a comprehensive combination of the nature, means, intensity, degree of harm of the unlawful infringement and the timing, means, intensity, and consequences of the defense, considering the balance of forces between the two sides, basing on the situation in which the defender is defending, and combining the general cognition of the public to make a judgment.
"For example, in this case, the suspect used a knife to cut people randomly, and in such a dangerous situation, it should be legitimate defense to hit or use tools such as sticks to make him lose the ability to commit the crime." However, if one party is simply stealing money and escaping, and the other party hits at high speed with a vehicle, or if one party only pushes slightly and the other party violently uses sticks and bricks to hit him in the head, these acts may generally be found to be clearly exceeding the necessary limit. ”
As for the question of how to determine the righteousness and courage, lawyer Li Qiang said that common situations include stopping the ongoing illegal and criminal acts that endanger national security, obstruct public safety or disrupt social public order; stop the ongoing illegal and criminal acts that infringe on the state, the public interest or the personal, property and other rights of others; in the process of emergency rescue and disaster relief, protect the state, the public interest or the personal and property safety of others, with outstanding deeds and great impact; and when others are in distress, save lives and help the injured, and perform outstanding performances.
"Whether the driver in this incident can be characterized as a righteous and courageous act needs to be submitted to the relevant departments to determine," wang Hui said.
Officials are declaring commendations for drivers
After the incident, Mr. Zetai cooperated with the local police to conduct an investigation. The small truck he was driving at the time had just been bought for more than two months, and the front of the car had been damaged.
On November 4, the Hejin Municipal Public Security Bureau in Shanxi Province responded to a number of media saying that Mr. Yuantai's driving and hitting the suspect organization was an act of seeing righteous courage, and the Hejin Public Security Bureau is currently reporting to the Yuncheng City Public Security Bureau for approval with the model of seeing righteous courage.
A staff member of the Civilization Office of Hejin City said in an interview with the Wuhan Morning Post that he affirmed Mr. Yuantai's behavior, "It belongs to the courage of the righteous, you can apply through the procedure, and others can also help apply."
After inquiring, the Zhengguan news reporter found that in the "Regulations on the Protection and Reward of Personnel Seeing Righteous Courage in Shanxi Province", there are detailed provisions on the scope of application of the situation of seeing righteous courage, how to apply, and which departments are involved.
According to the Hejin Municipal Public Security Bureau, after investigation, the suspect zhao mou in the case injured people with a kitchen knife after a verbal altercation with others during the Hejin migrant work, causing three dissuading people at the scene to be injured to varying degrees. The victim was bandaged and treated at a nearby hospital, and his injuries and mood were stable.
At present, the case is under further investigation.
Editor: Han Yu
Coordinator: Shi Chuang