A few days ago, a BMW man chopped a knife due to a driving conflict, and the video of the knife was slashing by the opponent's death on the Internet.According to the latest police report issued by the Kunshan Public Security Bureau, the place of the incident was the intersection of Zhenchuan Road and Shunfan Road in Kunshan Development Zone.In the conflict, the BMW man Liu had died of invalid rescue and was not in danger of his life. He has been controlled by the police.
In the past, most fighting cases, due to the lack of on -site videos, the reduction of the details of the case relied on the confession of the parties.Due to the fact that the parties have profits and avoidances, memory errors, etc., there are often contradictions between the confession of different parties, which leads to a lot of difficulty in the identification of the fighting process, and it also causes a lot of distress to clarify the responsibilities of subsequent parties.The special feature of the Kunshan case is that there are relatively clear surveillance videos, and it is determined that it will not be much controversial.Therefore, how qualitatively the behavior of the cycling man in this case is not only for criminal judicial practice, but also the guiding significance of textbooks for ordinary people's behavior.
The surveillance video shows that a BMW car has a dispute with a man who rides a bicycle during the off -line non -motorized lane.The BMW cars have successively got off the theory of the three people including Liu and the riding man.Two minutes after the two sides entangled, Liu suddenly returned to the BMW, took out a machete, and chopped several knives towards a riding man.During this period, Liu accidentally fell, and the knife was robbed by Yu Mou.In the process of grabbing the knife, the two knives in the abdomen of Liu Moumu caused Liu to fall to the ground.In the process of Liu's upstream, Yu Mou broke back to three knives.After Liu got up and left, Yu Mou chased two knives from behind.That is, during the whole process, Yu Mou cut Liu Mouqi.
Obviously, one of the violations of Liu is first, and the murderer is first, and Yu Mou has the legal rights of legitimate defense.For the first five knives, the two were close at hand, and Liu had the possibility of seizing the knife at any time. Therefore, Yu's behavior fully meets the requirements of legitimate defense.The vast majority of people are not controversial for the qualitative characteristics of this stage.The controversy lies in the two knives chased by Yu.
Some people think that Liu began to escape after getting up, and was in danger of being no longer harmful. At this time, the behavior that Yu Mou chased from behind was an active harm and was suspected of intentional harm.This view is completely evaluated by the rationality of outsiders and the way to distinguish videos afterwards, and did not consider the critical situation of the parties at the time.The behavior of chasing two knives in the back occurred in about ten seconds. Such a short time cannot be required to make Andrdquo;
Others believe that Liu had already started running away after falling to the ground, and Yu Mou should also take the opportunity to escape.This view seems reasonable, but it can't stand scrutiny.The legitimate defense clauses in my country's "Criminal Law" do not require victims to defend only when they are unable to escape.That is, the defense is not the last choice, but the right to be offered when suffering from illegal infringement.
Obviously, Yu's behavior belongs to self -defense.The real problem worth discussing is that Yu's behavior belongs to legitimate defense or excessive defense.And discussing this issue, you need to figure out the other two other core key facts:
First, what are the fatal injuries that cause Liu's death?If it is caused by the first five knives, the follow -up of the follow -up behavior is not fatal.At this time, in accordance with Article 20 of the Criminal Law, Yu's behavior belongs to the exercise of unlimited defense rights, does not belong to the defense excessive, and does not bear criminal responsibility.If the fatal injury is caused by the latter two knives, then the second fact needs to be analyzed further, that is, Liu has no sword and has begun to escape. At this timeIntersectionIf Liu has given up the intention of continuing the murder or objectively, it has lost the ability to continue murder, then the personal danger of a certain person has been lifted.But the question is, as a partner, what exactly did his subjective cognition at the time?How did he judge his own safety at the time?In this regard, the police will inevitably focus on inquiries in subsequent investigations.But at present, we can only analyze and speculate based on monitoring videos.
After checking the video carefully, it can be found that after Liu fell to the ground, he ran towards the BMW car about ten meters away at a speed.Yu Mou's sixth sword was shortly after Liu got up. When he chopped the seventh knife, Liu Mou was standing next to the BMW car's left and back door.Some comments believe that Yu Mou had reason to think that his personal danger had not been lifted.Because Liu can take the first machete from the BMW car, it is completely possible to take out the second and third knives from the BMW.Or everyone else in the BMW will take out a machete and get out of the car to attack someone.Yu Mou's successful knife is accidental, and the temporary advantage established thus may be lost again at any time.Regardless of the madness of Liu, or from the advantages of the number of Liu's party, and carrying the weapon in advance, it is difficult for Yu to think that Liu will stop illegal infringement, and it is difficult to think that his personal danger has been lifted.
This view is unreasonable.However, there are more details that determine the subjective cognition and psychological state of a certain.First, after Liu cut into a knife to a certain, others on the BMW car did not join the infringement.After Liu was cut off, the people of Liu did not provide support.As a result, the so -called number advantage of Liu does not exist.Second, when Liu ran to BMW, he had been cut five knives and was seriously injured.At this time, even if there are other weapons in the BMW car, Liu can no longer have the willingness and ability to continue to fight against murder.Liu was running to the BMW car to escape the scene. Third, when Liu was cut into a knife to a certain, he was very likely to use the back of the knife and the knife instead of the blade.This can effectively prove that Liu did not want to cause a serious injury at first, at least unintentional injury to his life.This is also the key to Yu Mou's injury, and he can still take the knife in the later period.An important benchmark for measuring whether the defense is excessive is to harm the intention and ability of the harm.If the above three details are comprehensively considered, the two knives chased after the follow -up, especially the last knife, may be suspected of being too defensive.
Of course, there is no clear boundary between the right defense and defense.In different countries and different historical stages, this boundary may also change.Sometimes the space of excessive compression or excessive expansion of legitimate defense can sometimes promote evil deeds, indulge violence, and endanger social order.The boundary of the period and the seminars during the period is indeed a great test of judicial workers.
