[Opening Remarks].
Do things according to the law, find the law in case of trouble, solve problems and use the law, and resolve conflicts by relying on the law. China's ever-improving legal system has a profound impact on all aspects of social life. In our daily lives, workplace struggles, social activities, etc., the law guides our behavior. In order to more effectively publicize the legal knowledge closely related to the lives of the people, from now on, Hunan ** will launch the popular law column "Life Says "Law", starting from the "micro end" of life, starting from fresh cases, publicizing the law, promoting the rule of law, and enhancing the legal awareness and concept of the rule of law among the masses.
Hunan **Quan**Reporter Gong Bowei Correspondent Wang Xiangjun Wu Haiyan.
Story] One day in December 2021, Ma Fu (pseudonym), a native of Jiangyong County, came to a commissary after drinking, and saw Liu Wang playing mahjong, so he wanted to seize a place to participate. Liu Wang disagreed, and Ma Fu pushed him down in anger and beat him with his fist.
Liu Wang crawled out of the commissary with a rolling belt, and Ma Fu turned over and picked up the bench and chased after him. In a hurry, Liu Wang grabbed the wooden stick next to him to guard against it. Ma Fu did not relent, and Liu Wang had to fight back with a stick. During the fight, Ma Fu fell to the ground and lost the ability to fight back.
After the forensic examination, Ma Fu suffered minor injuries of the second degree. ** Liu Wang was criminally detained and submitted to the Jiangyong County Procuratorate for arrest on suspicion of intentional injury.
This case may involve justifiable self-defense. When reviewing the case file materials, He Wensheng, the prosecutor of the First Procuratorate Department of the Jiangyong County Procuratorate, felt that there were many suspicious points, and immediately went to the scene of the crime to re-investigate.
Soon, there was new evidence in the case: after Ma Fu was injured and fell to the ground, Liu Wang was worried that he would continue to chase after getting up, and immediately left the scene. Liu Wang couldn't be found, so Ma Fu ran into the commissary and smashed it. The ** and multiple evidence at the scene of the crime also show that many of Ma Fu's testimonies are untrue.
In the end, the Jiangyong County Procuratorate made a decision not to approve Liu Wang's arrest in accordance with the law, and urged the public security organs to file a case for investigation against Ma Fu on suspicion of picking quarrels and provoking trouble.
The victim was reversed into a criminal suspect, which Ma Fu and his family could not accept. In line with the principle of "whoever enforces the law shall popularize the law", the Jiangyong County Procuratorate organized a public hearing, facilitated reconciliation between the two parties, upheld the original decision not to arrest Liu Wang, and made a decision not to arrest Ma Fu.
Speaking of "law"] He Wensheng, prosecutor of the First Procuratorate Department of the Jiangyong County Procuratorate.
The movie "Article 20" was released, which aroused heated public discussions about "legitimate defense". "Article 20" refers to Article 20 of the Criminal Law of the People's Republic of China, which deals with legitimate defense, excessive defense, and special defense. With regard to the "specific application of justifiable defense," the requirements for accurately grasping the specific application of justifiable defense are put forward from the aspects of causal conditions, time conditions, target conditions, and intent conditions. The premise of justifiable defense is the existence of an unlawful offense, and justifiable defense must be directed against an ongoing unlawful offense, must be carried out against the wrongdoer, and must be for the purpose of protecting the state, the public interest, the person, property and other rights of oneself or others from unlawful infringement.
Justifiable defense events may seem far away, but they can often happen all around us. In recent years, "anti-homicide cases" involving legitimate defense have attracted widespread attention in society, and disputes between legitimate defense and mutual fighting are not uncommon. For a long time, judicial practice has excessively required objective standards for defensive behavior, and judicial prudence and restraint have led to the rare determination of legitimate defense, so it has also been called a "sleeping clause" by some legal scholars.
In the process of handling cases, we should wake up to the "sleeping clause", and on the basis of a comprehensive review of the facts and evidence of the case, conduct an accurate evaluation based on the subjective intentions, objective behaviors, and specific circumstances of both parties, to ensure that the case is handled on a legal basis, as it should be, and is compatible with the circumstances, to protect the interests of vulnerable groups, to carry forward the spirit of righteousness and courage, and to achieve the organic unity of legal and social effects.