"Under the circumstances at that time, if the defendant Tan Peicai did not resist or flee quickly, it cannot be ruled out that he might suffer more serious harm. Tan Peicai's choice to stab the victim with a knife at this time is defense, not prior defense.

The public prosecution held that the victim's act of hitting the defendant in the mouth was not an unlawful offense, and that only the act of beating or beating a person with a murder weapon or causing a minor injury or more was an unlawful offense, which obviously confused the difference between the prerequisites and the limits of legitimate defense.

The limit of justifiable defense means that the defense must not clearly exceed the necessary limit and cause significant harm for the purpose of stopping the unlawful offense.

In other words, it is meaningful to analyze the extent of the unlawful offense only when it is judged whether the justifiable defense clearly exceeds the necessary limit, and the degree of the unlawful aggression is only a criterion for judging whether the defense is appropriate, but it is by no means a prerequisite for whether the defense can be carried out.

In addition, according to the provisions of the Criminal Code, unless the defender may exercise unlimited defence against an ongoing violent crime that seriously endangers personal safety, such as assault, homicide, robbery, rape, kidnapping, etc., the defensive measures taken against other ongoing unlawful offenses shall not clearly exceed the necessary limits and cause significant damage.

In this case, the defendant Tan Peicai's defensive act had caused serious injury to the unlawful aggressor Wei Runquan, and the result was 'causing significant damage'.

The unlawful infringement suffered by the defendant Tan Peicai was only a slap in the mouth, and was not a violent crime that seriously endangered his personal safety, so he should not have taken defensive measures that clearly exceeded the necessary limits.

However, Tan Peicai stabbed the victim in the chest with a switchblade, causing serious injuries to the victim, and the defensive conduct clearly exceeded the necessary limit, and should be found to be excessive defense in accordance with law, and should bear criminal responsibility for excessive defense, but the punishment should be commuted in accordance with law. Complete. Fang Yi responded.

……

Although she does not understand the criminal regulations, from the perspective of an ordinary person, she feels that Fang Yi's defense opinions are more convincing than the prosecutor's opinions, of course, subjective factors are not excluded.

“…… 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:

When the defendant Tan Peicai was unlawfully violated by the victim Wei Runquan on his way off work, he took out a switchblade and stabbed the victim Wei Runquan, causing him serious injuries, and his conduct constituted the crime of intentional injury.

Wei Runquan did not use a murder weapon when he beat the defendant Tan Peicai, and his aggression did not reach the level of a threat to Tan Peicai's life, but Tan Peicai used the murder weapon to fight back, causing serious injuries to the victim, and his defensive conduct clearly exceeded the necessary limit, which is excessive defense, and the punishment shall be commuted in accordance with law.

In accordance with the provisions of Article 234, Paragraph 2, Article 20, and Article 64 of the Criminal Law, it was decided that defendant Tan Peicai committed the crime of intentional injury and was sentenced to one year imprisonment; A switchblade, the tool of the crime, that was seized in the case, was confiscated. The presiding judge pronounced the verdict.

Fang Yi had already made it clear to Peng Huayan and Tian Caiying before, Peng Huayan and Tian Caiying's expectations for the verdict were not so high, basically as long as it was within three years in prison, they could accept it, of course, the lower the better.

After the criminal verdict was issued, Fang Yi came to the detention center again to meet with Tan Peicai.

"I got the verdict yesterday, do you need to appeal?" Fang Yi looked at Tan Peicai opposite and found that his spirit was much better than when he was in court before.

"No appeal, I accept the verdict." Tan Peicai did not hesitate.

"Well, as long as the public prosecution doesn't protest, your case is over. You have been detained for more than three months, and after the sentence is deducted, you can be released after serving more than eight months.

Mr. Peng asked me to tell you that the family is very good, and when you come out, she will arrange you to other companies and let you serve your sentence in it. Fang Yi said.

"Well," Tan Peicai nodded, and suddenly asked after a while, "Lawyer Fang, did you say I really did something wrong?" ”

Fang Yi was silent for a moment and said: "There is no way to look back at this kind of thing, and the limits of legitimate defense stipulated in the law are impossible to achieve in many cases, because you can't control the rhythm of the crime scene."

For example, in your case, if you didn't use a knife at the time, maybe the defendants are those three people now, and you may be lying in a hospital bed right now.

There are some things that are difficult to say whether they are right or wrong, but since they have been done, they have to bear the corresponding consequences. ”

Tan Peicai nodded: "Well, I understand, thank you." ”

Fang Yi originally thought that Tan Peicai's case would be over, but he didn't expect the procuratorate to run all the way to the dark and lodge a protest.

The procuratorate held that the defendant Tan Peicai subjectively had the intent to fight, that the victim's unlawful infringement did not have the seriousness and urgency to harm the person, and that Tan Peicai's conduct was not justified defense.

Fang Yi collected another 50,000 yuan in lawyer's fees, and after the trial, the court of second instance and the court of first instance agreed on the same opinion, and finally ruled that the protest was rejected and the original judgment was upheld.

……

Since the last time Ma Yi finished chatting with Fang Yi, Fang Yi has been busy talking about Peicai's case, and not long after the first-instance verdict of Tan Peicai's case, lawyer Zhao of Hua Liancheng's team invited Fang Yi to dinner at a private restaurant with better privacy.

"Lawyer Fang, I don't mean anything else to ask you to dinner today, mainly because I always came to you to discuss the case before, which delayed you a lot of time, so I specially set up a drink today to show my gratitude." Lawyer Zhao smiled and said, "I'll give you a glass first." With that, he raised his glass.

Fang Yi smiled, clinked glasses, and drank it all.

After Fang Yi put down the wine glass, he chatted with Lawyer Zhao while eating, and after three rounds of wine and five flavors, Lawyer Zhao felt that the foreshadowing was almost done, so he pretended to be very casual and asked, "Lawyer Fang, what are your plans in the future?" ”

"I'm just a small lawyer, what can I do, continue to be a lawyer in the law firm and make money." Fang Yi pretended to be stupid.

"That's not what you said, you don't want to take more resources?" Lawyer Zhao picked up the wine bottle and poured Fang Yi a glass of wine.

"What you said, who doesn't want to take resources and make money, but I am a third-level partner, and the resources in the firm can't reach me at all, and I can't touch them." Fang Yi smiled bitterly.

What he said was half-true, he really couldn't get the resources of the office, but Wan Kefa had given him access to some of the resources of the office before, and he had also handled several high-fee criminal cases. The reason why Fang Yi said this was because he was vaguely aware that Lawyer Zhao had something to say.

This reminded him of what Ma Yi told him before, as soon as the upper echelons of the law firm were in turmoil, all the bulls, ghosts, snakes, and gods came out.

(End of chapter)