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The law should not be too harsh in the defense, otherwise, proper defense will be fixed, which is not conducive to protecting the legal rights and interests of the public.
The ancients said: Andrdquo; really strong saying "Afama was angry, blood splashed five steps! It is really a strong saying! On the evening of August 27, 2018, in Kunshan, Jiangsu, such an and" Pupv Andrdquo;.His anger is five steps of blood splash.
By the way, Andrdquo; he rode on the non -motorized lane and waited for the red light to turn green on the non -motorized lane. I never thought that there was a BMW car on the next motorway.The buttocks of the electric vehicle cannot be passed. The motor vehicle runs to the non -motorized lane to occupy the road. It was already very excessive. Cycling people don't want to cause trouble.
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Seeing a man in the BMW car, he came over and scolded, and there was a woman in black.The good man did not eat a loss before, and the cyclist let the woman push her electric bottle car to the sidewalk, but the man of the theory is still indomitable.
Everyone was reasonable, who knew that BMW rushed down.This man embroidered a tattoo, rushing over like a small whirlwind, playing and kicking against the riders.The cyclist was beaten again and again. As a result, the man of the tattoo was still puzzled. He saw him rushing back to the car like a gust of wind, took a long knife, and then rushed back like a gust of wind.Cut and split.
Seeing that the situation was critical, the life of riders was dangerous.Suddenly, one of the tattoos who cut people did not stabilize, and the long knife fell to the ground, and was quickly grabbed in his hand by the cyclist's eyes.
The rabbit is in a hurry and will bite people, not to mention the seven -foot men.The cyclist rises up the power of the whole body and slashed towards the text of the tattoo.I learned afterwards that the surname of Han surnamed Liu, nicknamed and nicknamed "Long Brother Andrdquo;
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As soon as this video came out, it won a good applause on the Internet.Nowadays, it is not uncommon for good people to be bullied by bad guys. It is easy to have such an anger and an intestine.
However, according to the latest report by the police, although the cyclist's surname was also injured, it was still detained by the police for intentional injury, and the local procuratorate also involved in the case in advance.
Many people say that Yu Mou, who is riding an electric car, is "Righteousness Andrdquo; and to help the police to scan the crime and eliminate evil, but for him to kill this" Dragon brother Andrdquo;I'm afraid he will eat meals.What's more, some spectators and lawyers have made him a crime.
Some spectators said: Yu Mou is too defensive.
Some lawyers also said that this belongs to Andrdquo;.
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How can this cycling person Yu's behavior cannot be and Andrdquo; must it be that the bad guys must be cut to the disabled in order to counterattack, and they must be counterattacked?
Article 20 of my country's Criminal Law is stipulated in legitimate defense:
In order to make the state, public interest, myself, or other people's personal, property and other rights from being exempted from being undergoing illegal infringement, the act of stopping illegal violations is to cause damage to illegal infringement.Essence
If the defense significantly exceeds the necessary limit, it shall be liable for major damage, but criminal liability shall be liable, but punishment shall be reduced or exempted.
For violent crimes that are undergoing murder, killing, robbery, rape, abduction, and other serious endangering personal safety, and adopt defense behaviors, causing illegal injury to criminal injuries are not excessive defense and criminal responsibility.
It can be seen that some spectators and some lawyers have to be based on an Andrdquo; conclusion that the conclusion is based on the second paragraph of the article.
But a person who is in extreme danger can accurately determine when to counterattack and when to close in time. Is this reality?
In the conflict, Andrdquo; the riding person was injured with a knife, and this kind of act has already constituted a crime. The cyclingman fights back and counterattacks. So it is not just a legitimate defense. How can you count it?
Don't forget, in addition to Article 20 of Article 20 of the Criminal Law, there is also the third paragraph of "infinite defense and Andrdquo; existence. The third paragraph stipulates:The abduction and other violent crimes that seriously endangers personal safety, and adopt defense behavior, causing illegal injury to the casualties, are not defensive, and do not bear criminal liability.
In the case, Yumou could exercise unlimited defense rights, and his behavior was well -founded.
Others believe that Yu's defense is too defensive, mainly to see him chasing "Dragon Brother Andrdquo; Cut, which is actually the so -called Andrdquo;
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I would like to ask: How do you know, "Dragon Brother Andrdquo; he didn't go to find a murder weapon while running the car? Before his life threat was unlocked, let Yumou stop herself.The danger is not really eliminated, and the honest person may be more fiercely retaliated.
According to the common sense of expectations and the difficulty of the law, Yu's behavior at that time was in line with the normal response of people in emergency situations, and it was not excessive.The law should not be too harsh in the defense, otherwise, proper defense will be fixed, which is not conducive to protecting the legal rights and interests of the public.
Have you remembered? At that time, the "Deng Yujiao intentional injury case Andrdquo; and the judicial authorities have re -examined how to correctly define the judicial policy of just defense.After all, not everyone can wait for the police's timely rescue when facing bad guys!
Taking a loosening for good people is to bring the bad guy with a tight curse. We must always keep in mind this.
This article comes from the special writing of the Phoenix Network Social Review /Glacier Ideological Calle | Song Weifeng
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