Traditional Culture Encyclopedia - Hotel franchise - How will Kunshan court judge Bai Yige?
How will Kunshan court judge Bai Yige?
Paragraph 3 of Article 20 of the Criminal Law of People's Republic of China (PRC)
Taking defensive actions against violent crimes such as assault, murder, robbery, rape, kidnapping, etc., which seriously endanger personal safety, and causing casualties to illegal infringers, is not excessive defense and does not bear criminal responsibility.
Yu Haiming's behavior belongs to self-defense and bears no criminal responsibility. The public security organ revoked Yu Haiming's case according to law, and at the same time, the procuratorial organ also announced the same decision.
Extended data:
Before the incident, Liu Hailong worked in an enterprise in Lujia Town, Kunshan City, while Yu Haiming worked in the engineering department of a hotel in Kunshan City.
2065438+265438+At 0: 30 on August 27th, 2008, when Liu Hailong was driving a BMW to the intersection of Shunfan Road, Zhenchuan Road, Kunshan City, he had an argument with Yu Haiming who was riding a bicycle in the same direction. Liu Hailong took out a machete from the car and cut it at Hamming continuously. Subsequently, hamming grabbed the machete and stabbed and hit it several times. Liu Hailong was seriously injured and died after being rescued.
After receiving the alarm, Kunshan Public Security Bureau immediately dispatched the police to dispose of it and filed a case for investigation. In view of the high social concern of this case, Jiangsu Provincial Public Security Bureau and Suzhou Public Security Bureau sent personnel to Kunshan to guide the case investigation. After on-site investigation, interview and investigation, inquiry and interrogation, video investigation and inquest and appraisal, the facts of the case have been ascertained.
The police investigation found that the cause of the case was drunk driving a BMW (tested, the blood alcohol content was 87mg/ 100ml) on the night of the incident, carrying Liu Moumou, Tang Moumou along the west of Zhenchuan Road in Kunshan City to the intersection of Shunfan Road, forcibly breaking into the right non-motorized vehicle lane, almost colliding with normal cycling, and the two sides had a dispute.
After being persuaded, Liu Hailong continued to chase after him, and then returned to the BMW car to take out the machete (identified as a sharp-pointed double-edged knife with a total length of 59 cm, of which the blade is a controlled knife with a length of 43 cm and a width of 5 cm), and struck Hamming's neck, waist and legs with the knife continuously. Yu Haiming grabbed a machete, stabbed Liu Hailong in the abdomen and buttocks, and cut off his right chest, left shoulder and left elbow. The stabbing process lasted for 7 seconds.
Liu Hailong was injured and ran to the BMW. Yu Haiming continued to chase, cut two knives, but failed. Among them, 1 hit the car with a knife (after investigation, there was a 7 cm long knife mark on the lower edge of the left rear window of the car). After the police arrived at the scene, Yu Haiming took the initiative to hand over the mobile phone and machete to the police (Yu Haiming said that Liu Hailong's mobile phone was taken to prevent the other party from calling the convener for revenge).
After Liu Hailong escaped, he fell in the green belt more than 30 meters northeast of BMW, and was sent to the hospital for rescue, but he died on the same day. After forensic identification, the cause of death was hemorrhagic shock.
Governing self-defense means punishing evil and promoting good.
Xinhuanet-"Kunshan anti-killing case" belongs to self-defense in Hamming.
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