"He first stabbed me with a broken wine bottle, stabbing me in the neck and in the face. I flashed and took the opportunity to hug his waist and squeeze him, but the ground was so slippery that we both fell, and then the broken wine bottle in his hand stuck in his thigh, and then he was taken to the hospital and the person was gone. "Gu Changfu said.

"Presiding judge, the prosecutor has finished asking." The female prosecutor was thinking about how to adjust the sentence of sentencing, because Gu Changfu turned it over in court.

……

"Does the defendant's advocate need to ask questions of the defendant?" The presiding judge asked.

"Questions." After Fang Yi finished speaking, he then looked at the defendant and said, "Defendant Gu Changfu, do you know the victim?" ”

"No, I've never met him." Gu Changfu Road.

"When was the first time you had a conflict?" Fang Yi asked.

"In the bathroom." Gu Changfu replied.

"Did you do it?" Fang Yi continued to ask.

"He punched me, I didn't fight back, and when he tried to hit me again, he was pulled away." Gu Changfu Road.

"What happened after that?" Fang Yi asked.

"I went back and continued drinking and chatting with my classmates. When we were about to finish eating, Li Tao brought two people to find him, and insisted that I had spilled urine on his shoes, and asked me for 10,000 yuan in compensation, but I didn't give it, he took a broken wine bottle and pierced my neck, shouting that he wanted to bleed me.

I dodged and hugged him from behind, and then we fell, and he was not rescued after being stabbed by a broken bottle I was holding. Gu Changfu said very clearly.

"In other words, you didn't fight in the bathroom, and then you went back to the hall to eat, and the other party came to ask you for money, so you started fighting?" Fang Yi looked at the defendant and confirmed.

"Yes." Gu Changfu Road.

"Presiding judge, the defender has finished asking." Fang Yi looked at the presiding judge.

……

"The facts of this case have been investigated, the court investigation has been completed, and the court arguments are now begining. Court debates revolve around disputed facts that have not been certified by the court and how the law should be applied based on the facts.

I will now give the floor to the Prosecutor. The presiding judge said.

"Presiding Judge and Judge: ...... This court held that defendant Gu Changfu's conduct was intentional injury to others during mutual assault, and the crime of intentional injury was constituted. In view of the fault of both parties, we recommend that he be sentenced to eight years' imprisonment. Complete. The female prosecutor said.

……

The defendant's self-defense is basically the same as before.

"The defendant's defender gives his defense opinion." The presiding judge said.

"Presiding Judge and Adjudicator: The defender believes that after the defendant Gu Changfu and the victim were dissuaded from beating each other in the bathroom, the victim found the defendant again and attacked him suddenly, and the defendant Gu Changfu's act of stopping others from committing violence for the purpose of defense was legitimate defense, and the defendant should not bear any legal responsibility in this case. Here's why:

1. Justifiable defense is an important weapon for citizens to resist illegal and criminal acts

According to Article 20 of the Criminal Law, an act taken to stop an unlawful infringement in order to protect the State, the public interest, the person, property and other rights of the person or others from an ongoing unlawful infringement and causes damage to the unlawful offender shall be regarded as legitimate self-defense and shall not bear criminal responsibility.

Whoever takes defensive action against an ongoing assault, homicide, robbery, rape, kidnapping, or other violent crime that seriously endangers personal safety, causing injury or death to the unlawful offender, is not considered to be in excessive defense and does not bear criminal responsibility.

It can be seen from this that the following conditions must be met for justifiable defense:

First, there must be an actual wrongful violation. This is a prerequisite for the establishment of legitimate defence.

Second, justifiable defence is directed against an ongoing unlawful offense. Justifiable defense cannot be carried out until the unlawful offense has begun or has ended, i.e., neither prior defense nor ex post defense is justified defense.

Thirdly, the act of justifiable defense must be committed against the wrongdoer himself. Legitimate defense cannot be exercised against persons other than the wrongdoer.

Finally, the perpetrator of justifiable self-defense must have defensive intent. "Defensive intent" refers to the state of mind in which the perpetrator is determined to stop the unlawful infringement in order to protect the state, the public interest, and the personal and other rights of himself or others from being violated.

From the above, it can be seen that legitimate defense not only does not constitute a crime, but is also an important legal weapon given by the law to citizens to fight against illegal and criminal acts, and is a legitimate act protected by law.

2. The transformation of mutual assault and legitimate defense

"Mutual assault" refers to the act of mutual aggression by both parties with the intention of infringing on each other. Therefore, the acts of both parties to the assault are unlawful infringement and do not constitute legitimate defense.

However, in judicial practice, mutual assault and legitimate defense can be transformed into each other.

When one party harms the other party again after the two parties in the assault have stopped, the nature of the behavior of the injured party will change. The above situations can generally be divided into two situations:

First, after the two parties have ceased to fight, one party is instigated by another person or for the purpose of retaliation, and suddenly attacks the other party again;

Second, one party voluntarily abandons the brawl or voluntarily withdraws from the brawl scene, while the other party continues to chase the other party.

Regardless of which of the above situations occurs, the reality will change from one side to one party chasing the other. The beaten party has also changed from the aggressor to the aggrieved party.

According to the provisions of the Criminal Law on justifiable defense, the act of stopping the unlawful infringement carried out by the aggrieved party in order to protect its legitimate rights and interests from infringement is justified defense.

Therefore, if one party suddenly attacks or continues to pursue the other party after the end of the mutual assault, the other party has the right to legitimate defense.

In this case, the act of stopping the unlawful infringement carried out by the victim for the purpose of defense in accordance with law has the nature of legitimate defense in accordance with law.

(Note: One party in a mutual assault voluntarily gives up the brawl or voluntarily withdraws from the scene of the brawl, and it should be thorough.) Changes in the circumstances of the fight between the two parties in a mutual fight, such as the change of strength and weakness, do not belong to completely giving up the fight, or withdrawing from the scene)

3. In this case, the defendants' conduct did not constitute mutual assault and constituted legitimate defense.

According to the evidence on record provided by the prosecutor, the case is divided into two phases.

The first stage is the dispute stage. The victim Li Tao and the defendant Gu Changfu were in the bathroom and had an argument over urine spilling on their shoes. At this point, physical contact took place, and they were pulled apart, and the argument ended.

The second stage is the post-dispute stage. After the victim and the defendant ended their argument in the bathroom, they each went back to drink and chat.

Shortly thereafter, the victim Li Tao came to the defendant Gu Changfu and demanded 10,000 yuan in compensation, which was in the nature of extortion and the real purpose was to retaliate against the defendant. Fang Yi paused at this point.