Li Zhiguo, who had nothing to do at home, had a full meal every day, and his greatest pleasure was to go to the north wall at the east end of the village to bask in the sun and Kan Da Mountain with a group of villagers.

There is a man named Wu Jianguo in the village, who is forty-six years old, and he usually has some problems with Li Zhiguo, and he doesn't look down on each other.

On the day of the incident, Li Zhiguo went to bask in the sun and Kanda Mountain under the root of the north wall, and happened to meet Wu Jianguo. The two quarreled again because of the election of the beautiful country, and then it intensified, and they didn't know who started it first, and their grandmother scolded them, and everyone was dumbfounded.

To say that Li Zhiguo and Wu Jianguo are also a pair of salty and carrot things, and they can't eat enough to eat their stomachs, they actually worry about other people's affairs, and they really regard the north wall of their village as the United Nations!

Seeing that the two of them were about to start their hands, everyone hurriedly went up and pulled them away, they were all from the same village, and it was not worth it to roll up their arms and sleeves for an election in a foreign country!

Whether it is worth it or not is not what the people in the village say, Li Zhiguo did not fight for Wu Jianguo, and he was scolded again, and he was angry in his heart. Seeing that Wu Jianguo was arrogant like a big rooster, Li Zhiguo was angry, and when he went home, he picked up the kitchen knife and went straight to the north wall root at the east end of the village.

As a result, Li Zhiguo slashed Wu Jianguo several times with a kitchen knife, and the knife was bloody, causing Wu Jianguo to be injured in many places. Wu Jianguo also had the courage to pick up the stones on the ground and hit Li Zhiguo during the fight, Li Zhiguo was also smashed by Wu Jianguo a few times, his body was blue and purple, and his head was bleeding, and then Li Zhiguo fled the scene.

It happened too fast, and everyone saw that the two of them were serious, and before they could react, the fight was over. Someone took out his mobile phone and hurriedly called the emergency number, and someone stepped forward to support Wu Jianguo, who was covered in blood, and helped him bandage and stop the bleeding.

After Wu Jianguo's family called the police, the police arrested Li Zhiguo in the middle school. The case was quickly transferred to the procuratorate, which reviewed and prosecuted the case file and transferred it to the county court.

According to the forensic evaluation, Wu Jianguo's physical injuries were assessed as minor injuries of the second degree, and Li Zhiguo's physical injuries were assessed as minor injuries.

After the case, Li Zhiguo's daughter-in-law followed the lawyer's advice and bought a lot of gifts, went to Wu's house to apologize, and gave Wu's family 20,000 yuan in compensation. Because the Wu family was angry, they did not issue a letter of understanding.

"We have already gone to the procuratorate to communicate with the procurator in charge of handling the case, and in view of Li Zhiguo's truthful confession of his crime after his arrest, and he can actively compensate the victim for part of the economic losses after the incident, the procurator will consider recommending that the court give him a lighter punishment.

In view of the fact that the defendant and the victim have harmed each other, we now have two opinions, the first opinion is that the victim Wu Jianguo was at fault in this case, and the defendant's civil liability for compensation can be reduced by 20 percent in accordance with the law.

The second opinion holds that the occurrence of the case was entirely caused by the defendant Li Zhiguo, so the defendant should compensate the victim for all losses.

Lawyer Fang, what do you think? Lawyer Zhao said.

The lawyers in the firm all know that Fang Yi is an expert in criminal matters and is easy to deal with, so if you encounter problems in criminal cases, you will listen to his opinions if you can't make up your mind, and you may not adopt all of them, but at least you can open up your ideas.

"I understand that what Lawyer Zhao just said is the division of responsibility for the case. The division of civil liability is not the same as that of criminal liability. If it can really be determined that the victim also has a certain degree of responsibility, the court will also consider it in sentencing. There will also be reductions in civil compensation.

In this case, I agree with the second opinion. Fang Yi said.

"Lawyer Fang, I think that although the defendant Li Zhiguo slashed Wu Jianguo with a kitchen knife, because Wu Jianguo failed to calmly handle the dispute between the two parties at the scene, and he also slightly injured Li Zhiguo during the fight, it should be determined that Wu Jianguo was at fault in this case." Lawyer Gao, whom Fang Yi had seen before, said.

After Lawyer Gao finished speaking, everyone looked at Fang Yi.

Fang Yi thought for a moment and said, "I said my opinion, not all of them are right, for everyone's reference." I believe that the evidence in the case is not sufficient to determine that the victim Wu Jianguo is at fault. Here's why:

It is very common for the victim to be at fault in a case. If I am not mistaken, Article 131 of the General Principles of the Civil Law (which became invalid after the promulgation of the Civil Code) stipulates that if the victim is at fault for the occurrence of the damage, the civil liability of the infringer may be reduced. In criminal cases, if the victim is at fault, it will also affect the defendant's sentencing.

However, the fault of the victim in criminal cases is different from the fault we call in ordinary daily life, and has its own specific meaning.

"Victim's fault" in the sense of criminal law refers to the victim's subjective fault in carrying out wrong or improper conduct, and the conduct violates the law, social public order, good customs, ethical norms, etc., infringes upon the defendant's lawful rights and interests or other legitimate interests, and objectively stimulates the occurrence of criminal conduct.

In judicial practice, the determination of whether a victim is at fault in the sense of criminal law is generally considered from the following aspects:

1. The subject of the wrongdoing must be the victim.

2. Subjectively, the victim should be at fault. That is, the victim's subjective intentional or negligent state of mind should be legally or morally condemned. If it is another act that is not attributable to the victim, it cannot be found to be the fault of the victim.

3. The victim's conduct violates legal provisions, or violates social order, good customs, or ethical norms, and shall be negatively evaluated by society.

4. There is a causal relationship between the victim's wrongful conduct and the occurrence of the defendant's criminal conduct, and there is a correlation between it.

Returning to this case, based on the evidence on record, we can know the following:

First, Wu Jianguo's statement and the testimony of witnesses all confirm that the quarrel between the defendant Li Zhiguo and Wu Jianguo was provoked by Li Zhiguo.

Second, Wu Jianguo and the witnesses both confirmed that at the time of the crime, it was Li Zhiguo who first slashed people with a knife, and then Wu Jianguo picked up a stone to hit Li Zhiguo, and it was the defendant Li Zhiguo who made the first move.

Although Wu Jianguo caused Li Zhiguo minor injuries in the process of picking up a stone and hitting Li Zhiguo, this was caused by Li Zhiguo's prior aggression. There is no causal relationship between Wu Jianguo's conduct and Li Zhiguo's criminal conduct, so Wu Jianguo's conduct is not a wrongful act in the sense of the criminal law.

Therefore, I believe that Wu Jianguo's actions were in the nature of legitimate self-defense and were not at fault in this case. Li Zhiguo should compensate the victim Wu Jianguo in full.

The above is my opinion. Fang Yi said.

(End of chapter)