165. The Ministry of Justice once again spoke out, this is legitimate defense!
At the end of the trial, the three members of the collegial panel in charge of the trial also disagreed on the outcome of the case:
Judge Zhang held that in any case, it was not a direct reason to kill people.
The other party uses a knife to defend itself, and the intention to harm is obvious, so pay attention to the social impact.
If such a means of protection is found not guilty, the consequences are severe.
Suppose that when someone encounters such a situation, their first reaction is to use a weapon to defend against it, and what if it causes serious consequences again?
In summary, this means of protection cannot be supported, and the defendant should bear its due consequences.
The judge in charge of the trial also nodded when he heard this.
This is the main point of contradiction.
Because in the past case, the result was intentional injury.
However, with the new regulations of the Ministry of Justice one after another, while clarifying the confusion of the masses, it has also brought tremendous pressure and challenges to the presiding judge who is responsible for hearing the case.
The trial of a case is not an interpretation of justice, and similar problems must be considered comprehensively.
The sentence of intentional injury contradicts the interpretation of the Ministry of Justice.
But if you really want to judge justifiable defense, they will become the first trial judge to support a counterattack with a knife, nothing is a fair trial, and everyone will have to be unlucky if something goes wrong.
Judge Kang, on the other hand, was the exact opposite of Judge Cheung's opinion.
A case is a case and cannot be compared with one another.
In the case, Zhang Zhenyu had no idea of harm, and his defensive intent was obvious, so he could not ignore the real situation he was facing for fear of triggering subsequent impacts.
Not supporting it is the final verdict of the case, and how to sentence him are two completely different concepts.
It is not advisable to dissupport his approach, but it does not prove that his retaliation is wrong.
Especially in the final statement stage of Zhang Zhenyu, the problems reflected are also the problems that every victim of violence is entangled and faced.
If he hadn't fought back with a knife, what would his situation be?
There are many similar cases, and the physical and mental pressure caused to the abused party is huge, such as depression and autism, hatred and fear of going to school, and suicide in severe cases.
This is not an isolated case, but a lot.
Since there is no clear provision in the judiciary, what about us as judges in the trial as pioneers?
If you dare to commit violence against others, you will have to bear the corresponding consequences.
Isn't the purpose of legislation to restrain actors from doing so?
It's a very difficult choice.
Whether it was legitimate defense or excessive defense, the three of them could not agree for a while.
The other side.
As the live broadcast media of the case, Mingdu TV also has a strong interest in the follow-up development of the case.
The initial purpose of the TV station staff in charge of filming was to accurately popularize the law, to tell others not to act rashly, and to use the most reasonable means to deal with the problem of their legitimate rights being infringed.
But patting and patting them, they found that the original set script gradually deviated from their control.
Whether it was justified self-defense or intentional injury, there were also two different voices in their trial documentary column group.
One kind of meaninglessness is justifiable defense.
The other one, if you don't mention it...
Because as soon as this incident was broadcast by them, it immediately became a hot topic.
The vast majority of netizens support legitimate defense, and even express the angry view that the perpetrators deserve to die.
Someone else came forward to talk about the real situation of their children being abused by others and causing depression.
In the face of such problems, law enforcement agencies only conduct mediation.
Others are too young to have any criminal responsibility at all.
If the other party is a minor, even if he kills someone, he will not leave a criminal record.
The juvenile protection law makes people feel infuriating.
He has killed people, why can't he be sentenced?
Just because the abuser is a child and does not have the capacity for civil liability?
This is unfair to the victims' families.
On the other hand, Zhang Zhenyu's behavior was discussed, believing that he was the most typical over-defense.
The reason is simple, it is the consequences of his defense.
If Zhang Zhenyu was defensive and had no intention of harming, then there would be no final result of two deaths, at most it would be injuries.
In the case, Zhang Zhenyu was killed with a knife and killed two people in a row, and the intention to harm was very obvious, how could it be legitimate defense?
In the face of such an answer, netizens who thought it was legitimate defense directly replied:
When you are beaten, where do you think about stabbing people?
Could it be that the fear of not stabbing to death angered the abuser, so it was a direct blow to kill?
When your child is beaten by a bunch of people, do you still care where he stabbed him?
Below a comment in support of the verdict, dozens of netizens will chase him and ask rhetorical questions.
As time passed, the case became more and more intense.
There are also many netizens who ran to the public account of the judicial department to speak out, hoping that they can stand up and continue to speak out.
Because of the last train incident, the Ministry of Justice's "coming out" behavior has won the favor of many netizens.
And the Ministry of Justice also lived up to expectations and once again responded to the incident.
The first to come forward was Luo Dazhuo, who did not clearly point out the case in his statement, but talked about the problem of knife defense from a different angle.
Is defending with a knife justified defense?
In the provisions on justifiable self-defense, there is no provision for the means of defense that the perpetrator needs to pay attention to, but it is only said that the degree of defense cannot be exceeded.
If you slap me in the face, I will give you a knife, this is not legitimate defense.
And in reasonable circumstances, self-defense with a knife is also a means of justifiable defense.
Immediately afterwards, Professor Zhao of the Ministry of Justice came forward to speak out and redescribed the "whole process" of the case for netizens.
The first is the cause of the incident:
Two drunk people made trouble, Zhang Zhenyu belonged to the innocent party, and the whole process could not prove that he was at fault.
In the course of the case, Zhang Zhenyu faced a situation of bullying more and less, and the crime occurred in the early hours of the morning, which is likely to increase the fear of the environment.
It is precisely because of the existence of this fear that there will be a sense of self-protection with a knife for protection.
Means of defence:
In the course of the case, Zhang Zhenyu was forcibly pulled out of the dormitory and did not fight back immediately after taking the knife, which is enough to prove his defensive nature.
It can also be clearly seen from the school's surveillance video that Zhang Zhenyu has been continuously infringed upon his legitimate rights and interests.
In the video, Zhang Zhenyu is surrounded by several people, in a highly tense environment, and no one can avoid danger, so his methods should be recognized as legitimate defense.
At the end of the case, he still advised everyone that if conditions permit, they should still take legitimate and legal means to protect their rights from being infringed by others.
And a week after the Ministry of Justice spoke, Zhang Zhenyu also ushered in his final verdict...
I took a look, so far, my real monthly pass is less than five hundred, I didn't know the role of the monthly pass before, now I know, I just want to say, ask for a monthly pass!!
It's the end of the month, ask for a monthly pass! It's less than a thousand this month
(End of chapter)