"I disagree with you on the question of whether Du Jinquan's behavior is a crime. The determination of the perpetrator shall follow the provisions of paragraph 3 of article 20 of the Criminal Law, with 'violent crimes that seriously endanger personal safety' as the standard for grasping.

I have no problem with the fact that Du Jinquan's pushing and kicking behavior at the beginning is not 'murder'. But from the moment he took out the machete from his car and started hitting Sun Kui, I think the nature of his actions has escalated to a violent crime.

Moreover, Du Jinquan's attack at that time was particularly ferocious, and the machete he was holding was a controlled instrument that could easily cause death or injury, and Du Jinquan drank alcohol again at that time, and with the development of the situation, it was difficult to predict what kind of damage would be caused next, and Sun Kui's personal safety was in real, imminent, and serious danger.

As you just said, Du Jinquan's specific intention to kill or injure is uncertain, which is a characteristic of many acts of murder, but it is not an obstacle to identification. Therefore, I believe that Du Jinquan's conduct meets the criteria for determining 'committing violence' and should be found to be 'committing violence'. After Fang Yi finished speaking, he looked at the two prosecutors opposite, his eyes firm.

According to the third paragraph of Article 20 of the Criminal Law, "a person who takes defensive actions against an ongoing assault, homicide, robbery, rape, kidnapping, and other violent crimes that seriously endanger personal safety, causing casualties to the unlawful offender, is not considered to be in excessive defense and does not bear criminal responsibility." In judicial practice, this kind of justifiable defense is usually referred to as "special defense".

Fang Yi's purpose was to define Sun Kui's behavior as special defense, and finally determined that Sun Kui was not overly defensive, but in order to do this, it was necessary to find a support point first, and Du Jinquan's behavior happened to meet the characteristics of "murder", providing a support point for Fang Yi.

"Lawyer Fang, you continue." The senior female prosecutor nodded.

Second, on the issue of whether Du Jinquan's violations are "ongoing".

Personally, I believe that until Du Jinquan left the scene, his violations had been in a state of 'ongoing' and had not ended. Fang Yi said.

"I also looked at the scroll, the machete in Du Jinquan's hand was taken off, after Sun Kui grabbed the machete, Du Jinquan's infringement should be considered to be over, and he no longer violated Sun Kui. So I think that since Sun Kui got the machete, Du Jinquan's aggression has ended. Cao Xiaoxue took over and said.

"Lawyer Fang, tell me your reasons." The senior female prosecutor looked at Fang Yi and said.

"I disagree with Inspector Cao's opinions.

In my opinion, the determination of whether the infringement has ended depends on whether the aggressor has substantially detached from the scene and whether there is a possibility that the attack will continue or be re-attacked.

After Sun Kui grabbed the machete, Du Jinquan immediately pounced on it to fight, and the infringement did not stop with the machete changing hands, and Du Jinquan grabbed the machete to prove that he still subjectively still had the intention to infringe. Later, Du Jinquan was injured by Sun Kui, and after being injured, Du Jinquan immediately ran to the car where the machete was hidden.

Sun Kui chased and slashed twice but missed, and after Du Jinquan ran away from the car, he broke away from the scene, and Sun Kui stopped pursuing. Therefore, when Sun Kui grabbed the machete and counterattacked, Du Jinquan neither gave up the attack nor substantially left the scene, and it cannot be considered that the infringement has stopped. The assault did not end until Du Jinquan fled the scene. Fang Yi said.

"Well, you go on." The senior female prosecutor continued.

"Third, on the issue of whether Sun Kui's actions were justified in self-defense.

In my opinion, Sun Kui's actions were justified defense, which met the requirements of Article 20, Paragraph 3 of the Criminal Law, and was a special defense. Fang Yi said: "I don't know what do you think about this?" ”

According to Cao Xiaoxue's character, even if Fang Yi didn't ask, she would refute it, so Fang Yi directly asked the opinions of the two prosecutors opposite.

"I think that Sun Kui himself suffered less damage, but his defensive behavior caused the consequences of Du Jinquan's death, and through the comparison of the injuries of the two, it is clear that Sun Kui's defensive behavior is excessive defense." Cao Xiaoxue Road.

"Lawyer Fang, what is the reason for you to say that Sun Kui's behavior is a special defense?" The senior female prosecutor asked.

"In my view, there are two parts to an unlawful act, namely, an actual harm and a dangerous act. The same can be done in the case of dangerous acts.

In this case, the comparison between Sun Kui's and Du Jinquan's injuries is indeed incompatible, but we cannot only look at the actual harm (the actual harm suffered) and ignore the dangerous behavior.

If the result of the actual harm is used as the criterion for judging legitimate defense, the defender can only carry out defense after the violent crime has caused certain harmful consequences, which does not meet the defense needs of stopping the crime in a timely manner and preventing the crime from succeeding, and does not appropriately narrow the scope of the lawful establishment of legitimate defense, and this standard is inconsistent with the original intent of the legislation.

In this case, Du Jinquan carried a machete and 'committed the murder', and Sun Kui took defensive actions in the process of snatching the machete, resulting in his death, and according to Article 20 of the Criminal Law, Sun Kui's actions should not be regarded as excessive defense, and he should not bear criminal responsibility. In my opinion, whether or not Sun Kui himself was injured or the severity of his injuries has no impact on the determination of legitimate defense. Fang Yi said.

The two sides went back and forth, and the exchange of opinions lasted for more than an hour, and Fang Yi left the procuratorate after submitting his lawyer's opinion, and did everything that should be done, and I don't know if the case will be transferred to the court.

Cao Xiaoxue said while cleaning up the documents on the table: "Sister Li, what do you think of this case?" ”

"My opinion is similar to that of lawyer Fang, and when I read the case file yesterday afternoon, I also felt that Sun Kui's case should not be characterized as a crime of intentional injury, but should be a legitimate defense.

I have been in court with this lawyer before, and he is still very level, not the kind of lawyer who messes around. Cao Xiaoxue called Sister Li a senior female prosecutor.

"Well, in fact, my master (Li Bin) also said that this case should not be characterized as the crime of intentional injury, but they had different opinions in the bureau, so they sent the case over." Cao Xiaoxue Road.

"This matter may not be as simple as you think, they have already filed a case, according to the relevant regulations to withdraw the case, they have to listen to the opinions of our procuratorate, they have different internal opinions, and they are afraid that we will not agree, so they ......, of course this is my guess." Inspector Li pouted.

"Alright! It's a mess. Cao Xiaoxue felt that the case was not complicated, the procedure was quite complicated, and it was a bit confusing.

(End of chapter)