Disabled people killed drunks, but were sentenced to four years in prison for excessive defense. What is self-defense?

On June 8, 2020 165438+ 10/kloc-0, the Intermediate People's Court of Fushun City, Liaoning Province made a first-instance judgment on the case of "a disabled masseur killed a night thief": the prisoner was sentenced to four years' imprisonment for intentional injury.

Close the shop at night and knock on the door.

At about 2 am on September 8, 2065438/KLOC-0, Yu Haiyi took a short rest after a busy day on the first floor of a pedicure shop in Wudao Street, Xinfu District, Fushun City.

Then, a knock at the door woke Haiyi, and the knocker Lu also called for a pedicure. Yu Hai, wearing underwear, came to the door to talk to Lu. Yu Haiyi didn't open the door for him because he was not in business hours. This behavior aroused the dissatisfaction of the deceased, and he began to push the door and try to force his way into the store.

The amplitude of pushing the door is getting bigger and bigger, and the door vibrates violently, even affecting the surveillance video signal.

The shopkeeper defended himself with a knife.

Yu Haiyi went back to the house in fear and took out a folding knife. When he turned around, he found that Lu had broken into the house.

At first, Lu didn't take the initiative to fight Haiyu, but simply retreated to the refrigerator. Then the two men scuffled. Yu Haiyi couldn't bear it. He took out a folding knife and stabbed Lu abdomen, knocking it to the ground.

Cong and Wang, who are resting on the second floor, rushed to the first floor after hearing the sound and dialed 120, 1 10. After the ambulance arrived, Yu Haiyi escorted it to Fushun Mining Bureau Hospital and fled the scene. The victim Lu died because of ineffective rescue.

Appraised by the hospital, Yu Haiyi stabbed Lu's upper abdomen with a knife, causing the mesenteric artery to rupture, resulting in the death of the injured due to massive bleeding. After testing, I learned that Lu was drunk that night.

The prosecution believes that the defense is excessive.

Fushun City People's Procuratorate expressed the opinion that Haiyi's behavior belonged to excessive defense, and the victim Lu did not use a weapon when committing illegal infringement, which did not pose a serious threat to Haiyi's personal safety. At this point, Haiyi defended himself with a knife, causing the victim to die.

The prosecution believes that Yu Haiyi can not only take such defensive actions, but also effectively stop illegal infringement. The killer's harm to the infringer far exceeds the degree of "just disabling the infringer or terminating his harmful behavior". Defense obviously exceeds the necessary limit, which is excessive defense and should be treated as intentional injury.

Public trial

20 19, 165438+ 10, 15, Fushun intermediate people's court heard the case in public.

Yu Haiyi declared in court that the pedicure shop does not involve overnight service business. The incident happened at two in the morning. He and two colleagues in the shop just went to sleep and were woken up by a half-cooked Lu. Because Lu insisted on entering, he could not judge whether the other party had tools, so he was forced back to the house by fear to get the folding knife.

The live broadcast of the trial showed that the family of the deceased filed an incidental civil lawsuit, demanding that Haiyi compensate 820,000 yuan.

Yu Haiyi was sentenced to four years in prison for excessive defense.

On June 8, 2020 165438+ 10/KLOC-0, Fushun Intermediate People's Court made a first-instance judgment and sentenced Yu Haiyi to four years' imprisonment for intentional injury.

The court involved in the case made a judgment on whether Haiyi was too defensive based on the relevant laws and regulations.

Defender Yu Haiyi believes that it is too dogmatic to judge excessive defense strictly according to the text, and we should put ourselves in the other side's shoes and think about the problem. It is against human nature to ask defenders to defend calmly like others and should not be "instrumentalized".

How to define justifiable defense?

Some netizens joked that the person who explained "self-defense" is probably a talent. When the enemy raises his knife, you can't stab him because it doesn't cause any harm. When the enemy pulls out the knife, you can't pursue it, because the other side won't invade again.

Of course, this argument is a bit extreme, but it is really worth thinking about. The purpose of law is to set the bottom line, and the bottom line is flexible, rather than ignoring human nature in pursuit of a perfect theory.

At that time, the "micro-owners" had no resistance in the northeast. Did he defend himself?

If we blindly follow the law and judge by cold theory, then robots are far better than people.