How to judge the Liu Hailong case?

News, notification "Kunshan hacking case" Yu Haiming's behavior belongs to self-defense, without criminal responsibility. Details are as follows:

2065438+On August 27th, 2008, Liu Hailong died in Haiming, Zhenchuan Road, Kunshan City, which attracted much public attention. After careful investigation, the organ requested the procuratorial organ to intervene in advance, and now it is reported on the investigation and handling of this case.

I. Basic information of the case

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.

Second, investigate and determine the facts.

After receiving the alarm, Kunshan City immediately dispatched the police to dispose of it and filed a case for investigation. In view of the high social concern of this case, the Jiangsu Provincial Public Security Department and Suzhou immediately sent forces to Kunshan to guide the investigation of the case. After on-site investigation, interview and investigation, inquiry and interrogation, video investigation and inquest and appraisal, the facts of the case have been ascertained.

(1) Information about people

Liu Hailong, male, 36 years old, from zhenyuan county, Gansu Province, lived in a residential area in Lujia Town, Kunshan City, and worked in an enterprise in Lujia Town, Kunshan City before the incident.

Yu Haiming, male, 4 1 year old, from ningqiang county, Shaanxi Province, lived in a residential area of Qingyang Road, Kunshan City, and worked in the engineering department of a hotel in Kunshan City before the incident.

At the time of the crime, Liu (male), Liu (female) and Tang (female) were in the same car. Liu participated in the beating and was administratively detained according to law 10; Liu and Tang got off the bus to persuade and did not participate in the case. Yu Haiming's colleague Yuan Moumou was not involved in the case.

(2) Identifying the main facts

1. The cause of the case. On the night of the crime, Liu Hailong drunk and drove Anhui AP9G57 BMW (tested, the blood alcohol content was 87mg/ 100ml), carrying Liu Moumou, Liu Mou and Tang Moumou to the intersection of Shunfan Road, Zhenchuan Road, Kunshan City, and forcibly broke into the right non-motorized vehicle lane, almost touching Yu Haiming, who was riding normally, and the two sides had an argument.

2. The process of the case. Liu Xian got off the bus and had an argument with him. When he got back to the bus under the persuasion of his colleagues, Liu Hailong suddenly got off the bus and stepped forward and kicked Yu Haiming. 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. During the attack, the machete was thrown away and Yu Haiming caught it. In the fight, he stabbed Liu Hailong in the abdomen and buttocks, and cut 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). Liu Hailong ran to the northeast side of BMW, Yu Haiming returned to BMW, took out Liu Hailong's mobile phone from the car and put it in his pocket. 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).

3. Consequences of the case. 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 and video surveillance, it was found that Liu Hailong was stabbed five times in a row in seven seconds, of which 1 was stabbed in the left abdomen, causing the abdominal vein, intestine and mesentery to rupture; The other four knives caused five open wounds and three fractures in the left hip, right chest, right upper arm, left shoulder and left elbow in turn, and died of hemorrhagic shock.

After physical examination, Yu Haiming found 1 striped contusion in the left neck and 1 striped contusion in the left chest.

Third, the case characterization and reasons

According to the facts ascertained by investigation, listen to the opinions and suggestions of procuratorial organs, and stipulate that "taking defensive actions against ongoing violent crimes such as assault, murder, robbery, rape and kidnapping that seriously endanger personal safety, resulting in casualties of illegal infringers, is not excessive defense and does not bear criminal responsibility". Yu Ming's behavior belongs to self-defense and does not bear criminal responsibility. The public security organ has revoked Yu Ming's case according to law. The main reasons are as follows:

(1) Liu Hailong's behavior belongs to "intentional homicide" in the sense of criminal law. The core of judging "murder" is whether it seriously endangers personal safety. In judicial practice, whether it is a "crime" should not be judged rationally by the defender in an emergency, let alone on the premise that the defender suffers actual harm, but should be judged according to the specific scene and the general public's cognitive level. In this case, Liu Hailong attacked with his bare hands first, and then struck with a knife continuously. His behavior has seriously endangered Hamming's personal safety, and his illegal infringement should be considered as "injury crime".

(2) Liu Hailong's illegal invasion is a continuous process. In the whole case, when the dispute between the same passenger and Hamming basically subsided, Liu Hailong got drunk and made trouble. First I got off the bus and punched Hamming, then I went back to the car and took out a machete. After hitting Hamming several times in a row, the illegal infringement escalated. Liu Hailong's machete fell to the ground, and then stepped forward and grabbed the knife. After Liu Hailong was injured, he still showed no sign of giving up the attack. Yu Haiming's personal safety has been threatened by the violence in Liu Hailong.

(3) Yu Haiming's behavior is for defensive purposes. In this case, after Yu Ming grabbed the knife, he stabbed Liu Hailong with five knives in seven seconds, and missed two knives when chasing. Although there was time interval and space distance, it was a continuous behavior. In addition, Yu Haiming stopped chasing and returned to BMW to search Liu Hailong's mobile phone, in order to prevent the other party from gathering people to retaliate and protect his personal safety, which was in line with the intention of self-defense.

Four. Other related issues

(a) On the question of verifying that Liu Hailong is a member of Tianan Society. After investigation, it is confirmed that Liu Hailong has nothing to do with Tianan Society. No "Tianan Society" has been found in Kunshan City.

(2) Investigate the possibility of Internet transmission in Liu Hailong. Liu Hailong came to Kunshan to work in August 2006. Before the incident, she and her girlfriend rented a 49. 1 m2 apartment in a residential area in Lujia Town, Kunshan City. During his stay in Kunshan, he was sentenced to 1 administrative detention and imprisonment for three times ranging from nine months to three years for crimes such as beating others, intentionally damaging property and intentionally hurting others. At present, the public security organs have not found any triad-related crimes in Liu Hailong.

(3) About the BMW driven by Liu Hailong. Upon investigation, the registered owner of the BMW driven by Liu Hailong at the time of the crime was Hefu Branch, a leasing company in Zhejiang. Liu Hailong bought it from a used car market in the name of his girlfriend from June 2065438 to June 2008, with a down payment of127,000 yuan and a loan of 327,000 yuan. After the incident, after on-site investigation, no other contraband was found in the car.

(four) on the network communication Liu Hailong won the honorary certificate of good Samaritan. This situation is true. 2065438+March 2008, Liu Hailong provided important clues to help capture drug trafficking suspects, and Kunshan Courageous Foundation awarded him the honorary certificate of courageous and rewarded 500 yuan. On August 29, Kunshan City Courageous Foundation has responded to this.