"The act of 'committing violence' as provided for in Article 20, Paragraph 3 of the Criminal Law refers to an act of unlawful harm that seriously endangers personal safety, such as the use of a murder weapon to commit violence, which may cause serious injury to a person.

According to the provisions of this paragraph, as long as the above conditions are met, there is no legal restriction on the means of defense adopted by the defender and the results caused, and even if the unlawful offender is injured or injured, it is not considered excessive defense in accordance with the law and does not bear criminal responsibility.

In this case, it was a reasonable and lawful act for the defendant Ren Yujiang to recover money from the victim for the meal, and not only did he not give money to Huai after the meal, but also retaliated against the defendant and picked quarrels and provoked trouble after being reasonably recovered, which shows that the victim was responsible for the cause of this case.

On the day of the incident, although Ren Yujiang took a sharp knife from the back kitchen and carried it with him, he did not take the initiative to use it, and he heard that Xiang Huai and others had come to the store to make trouble again, and he prepared for self-defense, which was reasonable, not for the purpose of fighting.

Brawl is an illegal act, which is characterized by the fact that the participants in the brawl have the intention to unlawfully harm each other, and the actions of both parties are illegal acts. In this case, the defendant did not have the intention to unlawfully injure the victim before the victim committed the violent act.

On the day of the incident, Xiang Huai and Che Yong gathered people to pick quarrels and provoke trouble at Ren Yujiang's hotel, and slashed Ren Yujiang's right arm and head with a watermelon knife, which constituted an act of violence that seriously infringed on the personal safety of others.

After being slashed twice, Ren Yujiang was forced to fight back with a sharp knife, during which he counterattacked Che Yong, who smashed himself with a wooden chair, and stopped his defensive actions after snatching Xiang Huai's watermelon knife. This shows that the defendant Ren Yujiang was forced to defend himself, and that the timing and object of his defense complied with the provisions of the law on special justifiable defense.

In summary, the defender believes that the defendant's conduct is a special justifiable defense against the murderous act and does not constitute a crime. Complete. Fang Yi expressed his defense opinion.

"The prosecutor may respond to the defender's arguments." The presiding judge intends to guide the parties to continue their arguments.

"In response to the defender's defense, the prosecutor believes that the defendant Ren Yujiang was only slightly injured in the fight, and the victim's behavior did not seriously endanger the defendant's personal safety, but the defendant's behavior caused the death of the two victims.

Moreover, at the time of the incident, the defendant clearly had the subjective intent of letting go, and even wishing to stab or stab the other party to death. Therefore, the defendant's conduct did not constitute special justifiable self-defense and should constitute the crime of intentional homicide. Complete. The inspector said.

"The defender may respond to the prosecutor's opinion." The presiding judge looked at Fang Yi without any emotion in his eyes.

"Based on the prosecutor's defense and response, the defense counsel issued the following defense opinions:

First, the Criminal Law and relevant judicial interpretations do not stipulate that the perpetrator of special justifiable defense must be seriously injured, robbed, raped, etc., before he can defend himself.

In this case, although Ren Yujiang was slightly injured, as long as the circumstances of his injuries were sufficient to show that the other party's actions were of a serious and violent nature, the provisions on special justifiable defense were met.

Second, the purpose of justifiable defense is to prevent the perpetrator from committing violent crimes such as assault, homicide, robbery, rape, kidnapping, etc., so even if the defender has not suffered actual harm at all, it should not affect the establishment of special justifiable defense.

In this case, the watermelon knife in Xiang Huai's hand had been cut on the defendant, and if he did not fight back, the defendant's personal safety would certainly not be guaranteed.

Defendant Ren Yujiang's counterattack under the circumstances of serious personal harm is permitted by law and is just, and although it caused the serious consequences of the death of the two victims, it still meets the requirements of paragraph 3 of article 20 of the Criminal Law, and should not bear criminal responsibility.

Therefore, even if the defendant had the mentality of allowing or even not ruling out the desire to stab the other party to death at the time of the crime, it should not be any obstacle in the application of paragraph 3 of article 20 of the Criminal Law. The defendant should not be guilty of a crime. Complete. Fang Yi responded.

……

After the adjournment, the presiding judge announced the verdict in court:

“…… The collegial panel has deliberated and formed a verdict in this case. In response to the opinions of the prosecution and defense, combined with the focus of the dispute in this case, and based on the facts and evidence of this case, this court makes the following comments:

Defendant Ren Yujiang was first slashed by Xiang Huai with a watermelon knife, and then smashed by Che Yong with a wooden chair, and in order to protect his own safety, the defendant returned fire with a sharp knife and stabbed Xiang Huai and Che Yong to death. In accordance with the provisions of paragraphs 1 and 3 of article 20 of the Criminal Law, it was decided that the defendant Ren Yujiang was not guilty. ”

After hearing the verdict of not guilty, Jia Danyan, who had been expressionless in the auditorium, suddenly cried with joy, and her eyes were full of tears of joy. Relatives and friends around him also smiled.

After Ren Yujiang listened to the verdict, he stretched out his hand and rubbed Mu Ne's face vigorously, feeling like he had walked around from the ghost gate, and secretly warned himself: You must be calm in the future, this special crime is really not human. Then, he got up and bowed to the judge and Fang Yi to show his gratitude.

After Fang Yi walked out of the courtroom, he was stopped by Jia Danyan in the corridor.

"Lawyer Fang, stay!" The tears in Jia Danyan's eyes had not yet had time to wipe away.

"Ms. Jia, your husband's case is over in the first instance, as long as the procuratorate does not protest, the case will be closed after the verdict takes effect." Fang Yi knew what she cared about, and said it without waiting for her to ask.

"Okay, thank you, thank you." Ms. Jia nodded.

On the way back to the office, Wu Qinghui drove the car and suddenly asked: "Lawyer Fang, I have also read Article 20 of the Criminal Law that you mentioned in court. ”

"Yun Qiao, how do you understand?" Fang Yi suddenly looked at Yun Qiao beside him and asked.

"I think that as long as there are the circumstances provided for in paragraphs 1 and 3 of Article 20 of the Criminal Law, basically you can make a not-guilty defense." Yun Qiao thought for a while and said.

"Theoretically, there's nothing wrong with what you're saying. However, in judicial practice, criminal cases of such fights and brawls are often more complicated in reality, and the consequences caused are also relatively serious.

When formulating a defense plan, it is absolutely necessary not to copy the law in a rigid way, but to comprehensively analyze the causes and consequences of the occurrence of the case, first eliminate situations such as defensive provocation and hypothetical defense, and prevent the perpetrator from committing a crime under the pretext of defense.

What I said may sound relatively simple, but it is not easy to do, we are not lawyers to take school exams, a careless, may lose a life. And there is no chance of retaking the exam. Fang Yi explained.

(End of chapter)