Is it just right defense or intentional injury?This qualitative is related to the future life of a young man.According to CCTV news reports, the online rumor that "the conflict between college students and drunk men was detained", and the Jinan Public Security Bureau has been promoted and invited the Jinan Procuratorate to intervene in the case to give guidance and supervision simultaneously.
Xiao Chao was detained by criminal
On the evening of March 31, a conflict between off -campus staff and students occurred in Jinan Electronic Machinery Engineering School.According to reports, people familiar with the matter revealed that three drunk men teased a female classmate and three male students were stopped after discovery.After the drunken man, the school security stopped breaking into the school, and a drunk man held the neck of the male classmate Xiao Chao (pseudonym). After Xiao Chao's fist counterattack, the drunk man fell to the ground, his head hit to the ground, and was diagnosed with the brain.hernia.
Cerebal hernia is a very dangerous clinical critical illness. It may be that the potential consequences are serious, so the police investigated according to intentional injury.But will the serious consequences must be a crime?Not necessarily.
Depending on the three -level theory of crime, whether it constitutes a crime requires three aspects: it constitutes the right, illegality, and responsibility of the requirements.The subjective mentality of the composition is intentional or fault, objective behavior, results, and causality.According to Xiao Chao's father and a person familiar with the matter at the scene, a drunk man held Xiao Chao's neck at that time. Xiaochao's fist was a kind of instinct to get rid of his throat.
Objectively, it is questionable whether Xiaochao's behavior has strict causal relationships on the result of the results.According to the current statement, the injured man was drunk at the time, and his body was likely to be in an uncontrollable shaking state. In this state, Xiao Chao's behavior caused the possibility of his fall to a significant increase.Even if you make higher requirements for Xiao Chao, it is more likely to fault.
The key controversy in this case is illegality.The focus of illegality is to investigate the cause of illegal barriers. One of them is the increasingly familiar concept of the public: legitimate defense.If the three drunk men teased female students and did not care about breaking into the school, they would be wrong first, and played a leading role in the intensification of contradictions.
In addition, it is also important to be in a state of illegal infringement at the time.It is determined that the most taboo rational thinking of the proper defense after the incident is lacking in any irrational blame for the defense in the state of being threatened by security.A drunk man who couldn't control his behavior and was difficult to know the consequences of behavior suddenly held his neck. The urgency and nervousness could not be imagined afterwards.
So, the man who fell to the ground was finally diagnosed as cerebral hernia. Is Xiao Chao regardless of defense?
This depends on the specific situation.If it is really a serious throat -locking behavior, it is seriously endangering personal safety. In this case, the defense is a special defense. Even if it causes illegal invasion of people, it is not too defensive.Even if it is not serious, "the neck", Xiao Chao's defense measures have not exceeded the necessary limit. Although the objective consequences of major damage are caused, it cannot be regarded as excessive defense.
And, according to Xiao Chao's father and people familiar with the matter, three students such as Xiao Chao actually stopped drunk Han to tease female students, which belonged to seeing righteousness; and three drunk men who broke into the school first.The so -called law cannot be concessions. If the cause of the incident is not Xiao Chao, the intensification of the incident is not Xiao Chao. It is just that the seal of the criminals of the criminals is not the original intention of the criminal.
In Article 20 of the Spring Festival movie this year, the prosecutor's phrase "we do not do a case, but the life of others", which has resonated with a lot of resonance.This sentence is not just deafening for the prosecutor, but also the common requirements and expectations for each link, every organ, and every case of criminal judicial procedures.
Of course, everything has to return to the facts of the facts. The fact is the prerequisite for judging right and wrong.The Jinan City Public Security Bureau, which is expected to be upgraded, takes facts, uses the law as the criterion, investigate the details of the facts, and accurately grasp the nature of the behavior.
