Zhao Yu, who was beaten by rescue, and injured the strange man, announced the latest progress of the case through his personal Weibo.The public security organs have transferred Zhao Yu to the procuratorate for review and prosecution, and the crime has been charged by the crime of intentional injuries during criminal detention to overwhelm the serious injuries.
Prior to this, the public security organs transferred Zhao Yu for intentional injury to the procuratorial organs for review and arrest.The procuratorate made a decision that did not approve the arrest, and the public security organs subsequently took compulsory measures for the bail pending trial.After public opinion pays attention to the case, the public security organs have responded to being investigated and verified.
According to signs of all parties, the public security organs have referred to public opinion, and they must attach great importance to the inside.After all parties appealed, the public security organs did not revoke the case, but instead transferred the case to the review and prosecution.We believe that this decision of the public security organs should not be made of hasty, but after careful research and thoughtful.
The crime of intentional injury is the fact that if he is seriously injured and combined with the strange man Li, he can already play mahjong. The legal sentence is likely to be in prison for more than three years or less.After being lost to the serious injury, the statutory sentence is in prison or detention of less than three years.Compared with the two aspects, it can be found that the legal liability of the lost crime is far less than the crime of intentional injury.
The common points of the two sins are the objective results of serious injuries, the difference is subjective aspect.The crime of intentional injury asked Zhao Yu to hope and actively pursue the strange man Li's physical injury. If he lost his serious injury, he only asked Zhao Yu to accidentally accidentally hurt.From the perspective of proof and proof responsibilities, the threshold of the crime of serious injuries and sin is low and less difficult.
However, despite this, Zhao Yu must have the possibility of legitimate defense to establish a severe injury.That is, if Zhao Yu constitutes a legitimate defense, he cannot constitute any crime.Only under the premise that Zhao Yu does not constitute a legitimate defense can it discuss what kind of crime Zhao Yu is.
Generally speaking, there are five major requirements for legitimate defense, which must be compliant at the same time.The first is the cause of the cause. The woman must suffer from real violence; the second is the time for time. When Zhao Yu intervened, the strange man Li must be ongoing for women; the third is subjective requirements.Things must be to rescue women, for defense, not to retaliate or take the opportunity to murder; the fourth is the objective element. Zhao Yu can only implement violence on the strange man Li himself; the fifth is the limited element.It is limited to stop illegal infringement, and it cannot be used obviously unnecessary limited violence.
Judging from the information reported by comprehensive media, whether Zhao Yu meets the dispute points of legitimate defense is mainly time elements and limited elements.That is, under what circumstances Zhao Yu hurts a strange man Li.For what happened at the time, the three parties were currently inconsistent.This may be related to the memories of the parties and the motivation to avoid harm.
Obviously, the public security organs should think that Zhao Yu's behavior is not a legitimate defense.During the investigation stage, the public security organs cannot disclose relevant evidence in principle.Especially involving the confession of all parties. Once the police disclose these contents, it may lead to subsequent parties to change the confession or charging each other.The confession is legal as subjective evidence, and its content can be changed by human subjective will.Once the confession is polluted, it will definitely affect the final treatment of the case.Therefore, a possible situation is that the statement that the public sees is inconsistent with the evidence that the police have.
However, there is another possibility.The procuratorial organs will not be limited to the crimes identified by the public security organs when reviewing the case, but will comprehensively determine the evidence and facts of the whole case.The charges of procuratorial organs' decision to arrest are often inconsistent with the crime of arrests in public security organs.In the case that Zhao Yu had not compensated the strange man Li, if the procuratorial organ found that Zhao Yu constituted a crime, he would generally not make a decision to not approve the arrest.That is, a large probability is that the procuratorial organs believe that Zhao Yu does not constitute a crime, but the public security organs insist that Zhao Yu constitutes a crime.Whether the final case will sue to the court, whether Zhao Yu will usher in the court's trial, will be determined by the attitude of the procuratorate.
The public security organs do not cater to the practice of public opinion. If it is out of adherence to the rule of law, it is undoubtedly worthy of our praise.However, if you are afraid of being held accountable in the wrong case, and transfer the hot -handed potato to the procuratorate, it is another matter.We are convinced that the final handling of the case will further clarify the citizen's behavior boundary within the framework of the rule of law.
