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What did the female veterans of the anti murder case say? What are the conditions for justifiable de

Original title: retired female soldiers in Lijiang anti murder case first said: at the time of the incident, he said he wanted to climb over the wall and kill my family. He didn't want to deliberately hurt me

Tang Xue

On August 26, the Information Office of Yongsheng County Government announced that the Yongsheng County People's Procuratorate filed a public prosecution against Tang on suspicion of intentional injury to the Yongsheng County People's Court on August 7, 2019. At present, the case is being filed and will be heard in public on a selected date.

Today (August 27), the Yunnan Provincial People's Procuratorate issued a circular saying that the hospital attaches great importance to the case and has sent people to review the papers, comprehensively review the facts and evidence of the case according to law and guide the handling of the case.

The family of Tang Xue, a retired female soldier involved in the case, told the Red Star News reporter that since the incident on February 9, 2019, because the case has been in the stage of investigation, review and prosecution, the family has not seen Tang Xue for half a year, nor can they talk or communicate with him. They can only indirectly understand the current situation of Tang Xue through the meeting of lawyers.

This afternoon, Tang Xue's family relayed Tang Xue's own voice on the case to the Red Star News reporter.

On the day of the crime, the drunken man smashed the door of Tang Xue's house with a knife late at night

Tang Xue's family said that at the time of the incident, when the drunken man Li smashed the door at about 1 a.m., Tang Xue thought, 'when I heard him say he wanted to climb over the wall to kill my family and listen to the sound of smashing the door, I judged that the other party had tools, not bare handed. So I went to the kitchen to get the knife. "

"I turned on the light in the corridor. The light was not strong. When I walked near the gate, it was not easy to judge the surrounding situation. It was not easy to judge whether he still had tools in his hand." The family reported that Tang Xue said that after she was first kicked by Li, 'first, out of instinctive reaction, second, in order to stop him from harassing at my door, and third, the other party has broken away from his companion, fought back against the other party out of helplessness and made physical movements with him.'

Before the crime, Tang Xue worked in a cake shop in Lijiang / the picture shows the interior of the cake shop

The family also said that Tang Xue's upper lip, right knee and left knee were swollen and bruised, and his left knee was kicked. Tang Xue thought that 'he kicked me in the face, and he also kicked me in the abdomen'; On the day after the conflict, she found lower body bleeding when she went to the toilet, 'which caused my irregular menstrual leave. After that, I only had one menstrual leave in February, but there was no menstrual leave in March, April and may, and the abdominal pain lasted until the end of March.'

The family also mentioned that after Tang Xue had a dispute with Li, he didn't feel that he stabbed the other party for the first time. 'at that time, I heard people shouting that someone was injured and bleeding. I didn't know whether it was Li or not. The police will be here in 20 minutes. It was not until the evening of February 9 that I learned from the police that Li was dead. "

There are traces of being cut by knives on the gate of Tang Xue's family

According to the family's report, knowing the news of Li's death, Tang Xue said, "I was a little sad at that time. I would rather lie in the hospital than him."

Tang Xue believes that the other party has repeatedly abused and harassed her. She 'is very angry and helpless. After all, we are from the same village. I think he is incredible.'

'I insisted that I was in self-defense and didn't want to hurt him deliberately. It's not what I want. I will face it very strongly and hope the law will be fair to me. " Tang Xue's family relayed her words to the Red Star News reporter.

according to the provisions of the criminal law, only the following five elements can constitute justifiable defense:

1、 Cause and condition: the existence of illegal infringement

The cause of justifiable defense must be an objective illegal infringement. " Illegal 'refers to the condition that the infringement constitutes a crime if it is not allowed by the law and order. For violations committed by mental patients, it is generally believed that self-defense can be implemented. However, self-defense can not be carried out for all criminal acts, such as corruption, dereliction of duty and other crimes that are not urgent and aggressive. Generally, the self-defense system is not applicable. Illegal infringement should be carried out by people. In principle, it is emergency avoidance rather than self-defense to counterattack the injurious actions of animals. Illegal infringement must exist in reality. If the defender mistakenly believes that there is illegal infringement, it constitutes hypothetical defense. Hypothetical defense does not belong to justifiable defense. If it has subjective negligence and the crime of negligence is stipulated in the criminal law, it constitutes a crime, otherwise it is an accident.

2、 Time conditions: illegal infringement is ongoing

Only when the illegal infringement is ongoing can it pose a threat and urgency to the legitimate rights and interests, so it can make the Defense Act legitimate. The starting time of illegal infringement is generally considered to start when the illegal infringer begins to implement the infringement, but when the actual threat of illegal infringement is very obvious and urgent, and will cause irreparable harm after its implementation, it can be considered that the infringement has begun.

For example, after terrorists place bombs, even if they have not detonated the bombs, they also constitute illegal violations; If a person intrudes into another person's house for the purpose of killing, even if the killing has not been started, it is deemed that the illegal infringement has begun. The end time of illegal infringement - when the legitimate rights and interests are no longer in the urgent and realistic threat of infringement, it is deemed that the illegal infringement has ended.

Specifically, the illegal infringer is subdued, loses the ability to infringe, actively stops the infringement, has fled the scene, has been unable to cause harmful results, and can not continue to cause more serious consequences. In property crime, even if the infringement has been completed, if the loss can be recovered in time, it can be considered that the illegal infringement has not ended.

For example, a robber takes other people's property. Although the crime of robbery has been completed, the defender can still use violence to take back the property on the spot, which is also regarded as self-defense. A defense conducted before or after the above-mentioned start time is an untimely defense.

It can be divided into pre defense (pre injury) or post defense (post injury). The former is commonly known as' starting first is strong '. Untimely defense does not belong to justifiable defense, and may also constitute a criminal act.

Self defense can be carried out for acts that are ongoing or many signs indicate that harm will be committed.

3、 Subjective condition: defensive consciousness

Justifiable defense requires the defender to have defense awareness and defense will. The former means that the defender realizes that the illegal infringement is going on; The latter refers to the motivation of the defender to protect his legitimate rights and interests.

Defense provocation, mutual fighting and accidental defense are all behaviors without defense consciousness.

Defense provocation - in order to infringe on the other party, deliberately cause the other party to infringe on itself first, and then infringe on the other party on the grounds of justifiable defense. This is commonly known as the 'method of motivating the general'. Because the perpetrator has subjective criminal consciousness, it is impossible to implement self-defense. However, it is still an unlawful act of victimization.

Fight each other - both sides have the intention to infringe on each other's body. In this case, both parties have no sense of defense, so it does not belong to self-defense, but may constitute crimes such as affray and intentional injury. However, after the fight, if one party pleads for mercy or runs away and the other party continues to infringe, it may not constitute self-defense.

Accidental defense - the act of one party deliberately infringing on others, which occasionally meets other conditions of defense. For example, a is about to drive into B and kill B. it happens that B is preparing to rob C, and a is unaware of B's criminal behavior. In this case, Party A has no subjective intention to protect his rights and interests, so it does not constitute justifiable defense.

4、 Object condition: defense against infringer

Justifiable defense can only defend against the infringer himself. Because the infringement is caused by the infringer himself, only by defending himself can the legitimate rights and interests be protected. Even in the case of joint crime, it can only defend the person who is committing the illegal infringement, but not the accomplice who has not committed the infringement. If defense against a third person, it may constitute an intentional crime, hypothetical defense or emergency avoidance.

It can also be carried out on the object brought by the infringer to assist him in his injury.

5、 Limit conditions: the necessary limit is not obviously exceeded

Defensive behavior must be carried out within the necessary and reasonable limits, otherwise it will constitute excessive defense.

For example, a wants to molest B. B's companion C knocks a to the ground, and then kills a with a heavy object. This obviously exceeds the necessary limit of self-defense.

It must be noted that not exceeding the necessary limit constitutes excessive defense. Only those that 'obviously' exceed the necessary limit and cause significant damage are excessive defense. The defense against violent crimes that seriously endanger personal safety will not constitute excessive defense. The above contents are for reference only. The specific situation needs to be combined with the actual situation. The final result shall be subject to the court's judgment.