The woman was followed by the robbers and squatted, and then when she went out in the early hours of the morning, she was robbed by the robbers with a sharp weapon. There were three robbers in total, two of whom were responsible for robbery and one was waiting outside on a motorcycle. After the two robbers succeeded, they quickly got on their motorcycles and prepared to leave. But the woman was also fierce, drove out to chase and knocked the robber into the air before he could escape. One of the robbers died on the spot.
One of the core issues of the court hearing this case was whether the woman's actions constituted legitimate self-defense.
According to article 20 of the Criminal Law of the People's Republic of China, the victim has the right to take action to stop the ongoing violent crime, and if harm is caused to the criminal, it is not considered excessive defense and does not bear criminal responsibility.
In this case, the woman was robbed by a speeding car, which is an ongoing violent crime. The woman drove her car and killed the robber in order to stop the crime, which is justified defense. Therefore, a woman is not guilty of an offence.
However, if the woman continues to pursue and beat the robber after hitting and killing the robber, it may constitute excessive defense.
In addition, if the woman subjectively had the intention to intentionally injure the robber when she hit the robber with her car, it may also constitute the crime of intentional injury.
In this case, due to the lack of detailed information, it is impossible to make an accurate judgment on whether the woman has committed a crime.
Here are some of the factors that can influence whether a woman is guilty of a crime:
1.Whether the robber's actions constitute a violent crime.
2.Whether the woman's drive into the robber was necessary.
3.The woman's behavior after ramming the robbers.
4.The subjective intention of the woman.
If the woman can report to the police in time after the case and truthfully state the case, it can help the judicial authorities find out the truth and make a fair judgment.
After trial, the Shunde court made a first-instance judgment in the case, finding that Ms. Rong's actions were justified and she did not need to bear criminal responsibility.
The Shunde court also found that the two robbers, for the purpose of illegal possession, ganged up to rob other people's property by violent means on the spot, and the amount was huge, and their acts constituted the crime of robbery. In view of the fact that the stolen money has been recovered, and the two can voluntarily admit guilt, they will be given a lighter punishment as appropriate.
The two robbers were sentenced to 12 years and 11 years in prison, deprived of political rights for 3 years, and fined 12,000 yuan and 11,000 yuan.
After the verdict was pronounced, the two robbers appealed, arguing that the Shunde court's determination that the robbers pulled the victim's hair during the robbery "had insufficient evidence, and requested that the sentence be changed."
After the trial, the Foshan Intermediate People's Court held that the fact of pulling her hair was reflected in Ms. Rong's report statement, and that the two robbers also confessed during the investigation of **, and the relevant evidence could corroborate each other, so it rejected the appeal of the two defendants and upheld the original judgment.
Reminder: When the safety of our lives and property is violated, try to stay calm and don't panic. If possible, you can shout for help or call the police. If you can't escape, you can take some measures to protect yourself, such as hiding and resisting. After the case is discovered, it is necessary to report to the police in a timely manner and truthfully state the facts of the case.