Not fit for special defense!The second trial of jiangxi juvenile was only mitigated but not exonerated

2022-05-22 0 By

February 8, the attention of the “Jiangxi 16-year-old boy was beaten counter-killing case” the second trial verdict: Wu for committing the crime of affray, intentional injury, was sentenced to 6 years and 6 months in prison.Wu’s mother said she could not accept the result and planned to appeal.In May 2020, Anfu county man Wang Mou Feng, gathered seven accomplice, rushed into a hotel, in a room to beat 16-year-old Wu.Wu then returned fire with a knife he was carrying, killing one person and injuring two others.The Anfu County Court convicted Wu of intentional injury and affray in May 2021 and sentenced him to 10 years in prison.At that time, Wang Mou Feng saw their understanding of the girl Liu c and Wu and other 4 people playing in the guest room, jealousy, so called to 7 friends rushed into the room, first with a knife to Wu, and Wu, then wu.Wu was attacked by 8 people and took out a dagger he carried in advance to fight back.Wu’s counterattack is to prevent wang from further encroachment, in line with the constituent elements of justifiable defense.In June 2021, the People’s Procuratorate of Anfu County appealed against the verdict of the first instance.After review, the procuratorate believed that there was a mistake in sentencing, resulting in excessive sentencing and improper application of punishment.The verdict sparked controversy, with many legal experts arguing that Wu’s assault was a form of special defense and should not be held criminally responsible.However, the result of the second trial only reduced Wu’s punishment, but did not support the opinion of exemption from punishment.There is a not allow to ignore the fact in the case, that is wu mou is not a person inside the guest room at that time, there are four people however.And after the conflict, Wu and others also called people to help, but people have not arrived.What Wu was facing at that time was a general assault, not a violent act that seriously endangers the lives of others.Therefore, Wu’s behavior is not identified as a special defense, belong to excessive defense.The so-called special defense refers to the act of self-defense against violent crimes seriously endangering life, such as assault, murder, robbery, rape, kidnapping, etc. If the act of self-defense causes the death of the unlawful infringer, it does not constitute undue defense and criminal responsibility shall not be borne.According to the Criminal Law, justifiable defence shall not bear criminal responsibility, but if it exceeds the statutory limit to some extent and causes serious consequences, corresponding criminal responsibility shall be borne, but the punishment may be mitigated or exempted.Carrying weapons wu mou, apparently not what good, and even can be said to be full of bad deeds.Before the occurrence of this case, Wu mou had participated in the black involved in evil gang crimes, including two group fights, an illegal detention, three times picking quarrels and provoking trouble, and these evil deeds, because his age is not less than 16 years old and was exempted from criminal responsibility.Wu was sentenced to the crime of affray, is for he once participated in the crime of affray, criminal responsibility, not this incident was passive participation in the evaluation.