The monitoring video when case hair. CCTV news cut pursues
Procuratorate of people of city of hill of elder brother of province of public security bureau of city of hill of Jiangsu province elder brother, Jiangsu offsprings 1 day issue of mountain liaison man is caused throw a person terminal case issues a bulletin, the behavior of cognizance party Yu Haiming stems from defensive end, accord with self-defence intent, do not bear criminal responsibility.
■ findings
Police finds out a fact according to investigating, listen to opinion of procuratorial work mechanism and proposal, according to " criminal law of People's Republic of China " the 20th the 3rd " to having do violence, murder, rob, the violent crime that rape, kidnap endangers person security badly with etc, take defensive action, cause casualties of person of illegal enroach on, do not belong to defense to be become too, responsibility of not negative criminal " regulation, yu Haiming's behavior belongs to self-defence, do not bear criminal responsibility, public security mechanism lawfully case of cancel Yu Haiming. Prime cause is as follows:
1. dead " do violence "
The behavior of bang dragon belongs to criminal law meaning to go up " do violence " . According to criminal law the 20th the 3rd section provision, judgement " do violence " core depends on endangering person security whether badly. In judicatory practice, think to whether be belonged to " do violence " , cannot make excessive demands defensive person reacts in lash-up circumstance dirty gives rational judgement, cannot be premise in order to defend the person suffers real harm more, and should according to the spot specific scene reachs a society the cognitive level of average person undertakes judging. In this case, bang dragon is bare-handed attack first, then holds a knife successive stroke, its behavior endangers security of Yu Haiming person already badly, its are illegal enroach on should be maintained for " do violence " .
2. lasts enroach on
The illegal enroach on of bang dragon is a persistent process. Review this record, below the personnel that be the same as a car and the circumstance that Yu Haiming conflict appeases basically, affray of bang dragon drunk wine, it is to get off first to the sea bright cuff and kick, return again after chopper is taken out inside the car, to Hai Minglian add counts second stroke, illegal enroach on upgrades ceaselessly. Bang dragon chopper is swung after falling in the ground, the knife is grabbed before going up again. After bang dragon is sent, still did not abandon the evidence of enroach on. Person safety of Yu Haiming lies all the time in the violent menace of bang dragon.
3. stems from defense
Yu Haiming's behavior stems from defensive end. In this case, after Yu Haiming seizes a knife, the 5 knives of dragon of the thorn of the disclose inside 7 seconds, bang in chopping, with when chasing, swing attack, chop the two knives that attack (did not hit) , although there is removed, space to go up on time,have a space, but this is a successive behavior. Additional, yu Haiming stops to pursue and attack, returning BMW car to seek the end of bang dragon mobile phone is the person safety that prevents retaliation of personnel of get together of the other side, him protection, accord with the intent of self-defence.
■ reviewing of details of a case
Police bulletin shows, case hair that evening, bang dragon drunk wine drives car of Anhui AP9G57 BMW (via detecting, 100ml of ／ of 87mg of haemal alcohol content) , carry Liu Mou some (male) , Liu Mou (female) , Tang Mou some (female) plain road westing reachs shake of city of hill of edge elder brother when crossing of suitable sail road, enter blame motor-driven driveway forcibly right, with the Yuhaiming that rides a bicycle normally nearly is touched brush, both sides produces conflict consequently.
Liu is such-and-such get off first produce conflict with Yuhaiming, when returning vehicle via help sb to get over his worries of personnel of person of the same trade, bang dragon gets off suddenly, before going up, push, kick dozen of Yuhaiming. Although classics mediate, bang dragon still is chased after continuously dozen, BMW car is returned to take out a chopper after (classics appraisal, this knife is pointed horn double-faced edge, full-length 59 centimeters, among them knife height 43 centimeters, 5 centimeters wide, department control cutting tool) , yu Haiming of the successive stroke that use a knife ministry of cervical, waist, leg. The chopper in stroke is swung, yu Haiming grabs chopper, prick bang dragon abdomen, hip in the disclose in contention, chop attack right bosom, left shoulder, left ancon, thorn chops a process to last 7 seconds. Car of BMW of the run to after bang dragon gets hurt, at Hai Mingji add is chased after in all chopping 2 knives, among them 1 knife is chopped in car (classics perambulate, the edge below the window after the car is left has mark of 7 centimeters long knife) . Side of northeast of car of BMW of bang dragon run to, yu Haiming returns BMW car, take out mobile phone of dragon of the bang inside the car put him bag. After the policeman reachs the spot, yu Haiming gives mobile phone and chopper actively place alarm policeman. Yu Haiming says, taking away bang dragon mobile phone is to prevent the other side to call call together personnel to make reprisals.
After bang dragon escapes, be in be apart from BMW car northeast inside the greenbelt that side is in more than meters 30, via sending medical service rescue disables to die that day after. Appraisal of classics legal medical expert combines video monitoring to maintain, inside 7 seconds time, bang dragon is pricked to chop 5 knives continuously, among them, the 1st knife pricks stamp injury for left abdomen, cause rupture of canal of abdominal vena cava, bowel, mesentery; The others 4 knives are ordinal cause left hip, right bust ministry of right the upper arm, left shoulder, left elbow in all 5 place open sexual cut and 3 place fracture, cause of death is exsanguine sex shock.
