20 16, 14 On April 4th, the debt collector Du Zhihao took off his trousers in front of Su's son Yu Huan, and made an ugly insult to Su. Seeing this scene, Yu Huan, whose eyes were red, pulled out a fruit knife and stabbed the crowd, eventually injuring four people. The most serious Du Zhihao left a sentence "This kid is playing for real" and rushed to the hospital clutching his stomach, but later died of shock due to excessive blood loss.
Little known is that before the incident, the local police rushed in, but failed to stop the tragedy. Many on-site personnel recalled that after the police intervened, they said, "You can have a hukou, but you can't beat people." Then they left for only four minutes.
On February 20 1717, Liaocheng Intermediate People's Court of Shandong Province sentenced Yu Huan to life imprisonment for intentional injury. The explanation given by the court is that although Yu Huan's mother and son were restricted in personal freedom and insulted, the perpetrator did not use tools, so Yu Huan's behavior "does not have the urgency of excessive defense" and constitutes a crime of intentional injury. When the verdict came out, public opinion was in an uproar.
Su, a female entrepreneur in Shandong, borrowed 6.5438+0.35 million yuan from Wu Xuezhan, a real estate agent, with a monthly interest rate of 654.38+00%. Later, Su paid back the principal and interest of 1.84 million yuan and a house worth 700,000 yuan, but she still couldn't "pay off" the loan.
In this way, at the behest of Wu Xuezhan, Du Zhihao and others 1 1 came to Shandong Yuanda Industry and Trade Co., Ltd. (founded by Su, hereinafter referred to as "Yuanda Industry and Trade") to collect debts. It is natural to pay back debts, but Du Zhihao and others obviously don't understand the principle of "be lenient with others", and a bloody case comes from this.
On April 201June 14, at 4 o'clock in the afternoon, three cars without license plates swaggered into Yuanda Industry and Trade. What Yu Huan and her mother didn't know was that this was the beginning of a nightmare. About 10 people got off the bus. They brought the equipment needed for outdoor barbecue, set up a barbecue grill at the entrance of the office building, and started drinking like no one's watching. This group of people is not the first time to collect debts. Before that, they had brought bricks, firewood and cauldrons to build stoves and boil water in the company. In the local area, only funerals boil water like this.
In 2009, after the establishment of Yuanda Industry and Trade, due to financial problems, Su borrowed/kloc-0,000 yuan and 350,000 yuan from Wu Xuezhan twice in July of 20 14 and June of 20/kloc-0,000/5, with an agreed monthly interest rate of/kloc-0,000%. By April of 20 16, Su had paid back the principal and interest of 184 and a house worth 700,000 yuan, but "the company still owed170,000 yuan, and the company really couldn't afford it." What we need to understand is that the monthly interest rate 10% has already exceeded the upper limit of the statutory annual interest rate of 36% stipulated by the state, and Wu Xuezhan's behavior has constituted a crime. 20 16 April 13, that is, the day before the crime. Sue went back to the mortgaged house to get something. At that time, Wu Xuezhan made his men shit, and also put Sue in the toilet and asked her to pay back the money. After being threatened, Sue called 1 10 and the mayor's hotline four times, and her fear was hard to hide. /kloc-in April of 0/4, Wu Xuezhan and others intensified. Sue and her son Yu Huan were first restricted by the debt collectors to the company's financial office and were not allowed to enter or leave. Then, the debt collector began to "play yellow videos on his mobile phone in front of his mother and daughter, and turn the volume up to the maximum so that he couldn't listen to anything." This situation continued until 8 o'clock that night. This is also the turning point of the whole incident, because at around 8 pm, Du Zhihao, the last debt collector, drove to Yuanda Industry and Trade and took Su and her son to the company reception room.
It was Du Zhihao's appearance that changed the direction of this matter. It can be said that Du Zhihao is the last straw to destroy Yu Huan's mood.
In the reception room, 1 1 Young adults will be surrounded by Yu Huan's mother and son and start all kinds of insults. According to employee Liu Xiaolan's memory, "If there is no money to sell, I will give you 80 yuan. Learn to call a child like a dog and let the child call dad. " Subsequently, Du Zhihao first took off Yu Huan's shoes, buckled them on Sue's mouth, and then deliberately played ashes on Sue's chest. Yu Huan got up and tried to resist, but was slapped by Du Zhihao and fell to the ground.
The next scene made Yu Huan completely lose his mind. When Du Zhihao saw his mother and son shivering in the corner, he even took off his pants and insulted Sue by ugly means. At this time, Yu Huan was pressed aside, gnashing her teeth and almost collapsed. At the same time, a staff member outside the reception room saw this situation and quickly informed Yu Huan's aunt Yu Xiurong to let her call the police. At 22: 13 (monitoring display), a policeman entered the industry and trade department of Yuanda. When the debt collector saw the police coming, he turned around and saw Yu Xiurong outside the house. First, he asked her if she should call the police. Then he grabbed her cell phone and smashed it into powder. After that, he kicked Yu Xiurong to the ground. According to the verdict of this case, after the police intervened, they said, "You can ask for the bill, but you can't hit people" and then turned around and left.
At 22: 17, someone sent the police out of the office building and the police stayed here for about 4 minutes. Seeing the police leaving, Yu Xiurong blushed. "The police leave at this time, they NianLia only a dead end. I stood in front of the car and said, what if they are going to die? If you leave, run over me. "
In this regard, the explanation given by the police is to go to the hospital to learn more about the situation after asking about the situation. In the reception room, Yu Huan saw the police leaving, and quickly stood up and rushed out, but was immediately stopped by Du Zhihao and others. Yu Huan recalled that someone grabbed him by the neck and took him to the office. "I didn't want to move, so they started hitting me."
In the process of pushing and shoving, depression lies in the humiliation and resentment that burst out in an instant. He took out the fruit knife on the table and stabbed everyone in front of him. Debt collectors, including Du Zhihao, were stabbed. "They beat and insulted my mother. As a son, it doesn't matter if you hit me, but if I don't do something, I will be sorry for my mother who raised me for more than 20 years. " This is Yu Huan's later confession and his true inner portrayal.
At 22: 2 1, Yu Xiurong saw people escaping from the reception room one after another, so she and the police returned to the office building to check the situation. Subsequently, the police asked Yu Huan to hand over the knife and take it to the police station. Du Zhihao and others were injured and drove to guanxian People's Hospital. The final autopsy report showed that Du Zhihao died of hemorrhagic shock, and two others were seriously injured and one was slightly injured. Shortly after the incident, other enterprises in guanxian Industrial Park that cooperated with Shandong Yuanda Industry and Trade jointly raised funds and sent over100000 donations to Sue and her son to help them go to court.
On 20 16 12 15, Liaocheng Intermediate People's Court held a hearing on Yu Huan's intentional injury case. The controversial point in the trial is also the focus of people's attention: does Yu Huan's behavior constitute justifiable defense?
Xin Xu, a professor at Beijing Institute of Technology Law School, believes that Yu Huan should constitute self-defense. It should be noted that, first of all, the debts claimed are illegal debts; Secondly, Yu Huan was illegally violated. 1 1 people "illegally detained" him and even took off his pants to insult his mother.
However, in the end, the court held that Yu Huan had been entangled with many debt collectors for a long time and could not correctly handle the contradictions. Stabbing many people with a sharp knife constitutes the crime of intentional injury; In view of the victim's fault, Yu Huan truthfully confessed and sentenced him to life imprisonment.
Then why not self-defense? The court's interpretation is as follows:
Although Yu Huan's personal freedom was restricted at that time and she was insulted and abused by the other party, no one used tools. In the case that the police station has been dispatched, the right to life and health of the defendant Yu Huan and his mother is less threatened, and there is no urgency of excessive defense.
As soon as the verdict came out, a stone stirred up a thousand waves.
Yin, the attorney of Yu Huan's case, said: "Yu Huan is introverted and gentle. What happened at that time must have been an act he could not tolerate. After being sentenced to life imprisonment in the first instance, he was almost in a state of complete mental breakdown. "
After the judgment of the first instance, Yu Huan appealed. Later, in the book "Recording the Rule of Law in China to Huan Case", he wrote: "On the basis of comprehensively identifying the facts of the case, it is the core issue that the second-instance referee must consider to accurately evaluate the behavior of Huan and the victim Du Zhihao from the perspectives of justice, national law and human feelings." As the presiding judge of the second instance of the case, Jason Wu of the Shandong Higher People's Court said frankly: "I felt great responsibility and pressure at that time." Jason Wu said: "As a case that society is so concerned about, how to restore the facts of the whole case to the maximum extent through the trial of the second instance, and on this basis, comprehensively consider the natural principles, national laws and human feelings, and finally make a judgment according to law?"
The difficulty of this case lies in: on the one hand, the verdict should conform to the law, and at the same time, let the people feel fairness and justice from it. "This responsibility is great and the pressure is huge."
Under the concern of public opinion, after careful combing and investigation of this case, on May 27, 2007, the Higher People's Court of Shandong Province made a second-instance judgment, and found that Yu Huan was an excessive defense and constituted a crime of intentional injury, and sentenced Yu Huan to five years in prison.
Compared with the previous life imprisonment, this result is obviously good news for Huan.
This case is solved.
As for Wu Xuezhan and his gang in the case, on August 3, 20 16, Dongchangfu Branch of Liaocheng Public Security Bureau destroyed the "Wu Xuezhan evil gang" and the first offender Wu Xuezhan was arrested.
According to the investigation, in 20 12, Wu xuezhan established guanxian Taihe real estate development co., ltd with a registered capital of100000. A tip-off letter showed that Wu Xuezhan was ostensibly engaged in real estate business, but in fact he was selling dog meat by selling sheep's head and making a living by usury and debt collection.
A person in charge of an enterprise in guanxian admitted in an interview that it is difficult for enterprises to obtain loans from banks because of the great pressure. For the sake of capital turnover, some enterprises would rather take risks and guarantee each other to borrow usury from Wu Xuezhan.
As a result of despair, once they can't pay off the high principal and interest, they will face violent debt collection Su Like Yin Xia.
Du Zhihao, another key figure in this case, belongs to Wu Xuezhan's triad-related organization. Before being stabbed to death, he was suspected of driving and killing a 14-year-old female student and then escaped. The mother of the female student later revealed that Du Zhihao's parents came to give her something on the night of the accident. She later received a compensation of 285,000 yuan from the middleman, but she never met the perpetrator. "The traffic police said they couldn't catch people. What can I do as a farmer? Otherwise, he will go to jail, and he will not die in jail. " Sadly, from 20 16 to 20 17, Su and her daughter were also jailed for illegal storage.
Sue was released from prison. Although it was only three years since 20 16, at this time, she was already full of white hair. Time flies, because Yu Huan performed well in prison, he was praised and rewarded six times, and his sentence was reduced by 4 months and 26 days. June 2020 165438+ 10/8 released from prison. The next day, in the face of media interviews, Yu Huan recalled: "I still feel very impulsive and have some regrets. I broke the law. " The first thing Yu Huan did when she came home was hug her mother. He said: "My mother has seen me before, but this time I finally touched my mother, which is very realistic." After that, my aunt Yu Xiurong took Yu Huan to the factory to have a look. When she saw the workshop that was now in ruins, she felt unspeakable sadness in her heart. He told the media: "It's realistic to talk and laugh with your family during the day. Lying alone in the bedroom until two or three o'clock at night is still unrealistic. There is still a gap between losing freedom for a long time and suddenly regaining freedom. It takes some time to adapt. "
When asked how to treat the life imprisonment in the first instance changed to a five-year imprisonment in the final instance, Yu Huan said: "Thank you for the good policies of the party and the state. Since the country has introduced these good policies, it will certainly be helpful to the society and those who are deeply involved. I am very grateful for the introduction of these policies. Thanks to the media reports, thanks to the attention of netizens, and thanks to lawyers. Without you, I wouldn't be sitting here today. "
As stated in the book "Huan Case Records the Rule of Law in China", one of the most important reasons why Yu Huan case is widely concerned is that it touches the core elements of traditional ethics, and the emotional color of "insulting mother" has brought great emotional impact to people. The result of Yu Huan's case not only gave an explanation to Yu Huan and the people of the whole country, but also gradually activated the legal application of self-defense.
On September 3, 2020, the first department of two high schools issued the Guiding Opinions on Self-defense, and the Yu Huan case became the only guiding case in the field of self-defense in the Supreme People's Court.
Wen Lin finally concluded: "This case has three inspirations. First, always listen to the voices of the masses and respond to social concerns; Second, always adhere to judicial power and try in strict accordance with the law; The third is to always adhere to the maximum judicial openness. "
Adhering to the principle of fairness and justice, listen to the voices of the masses. This is the answer of the motherland and the well-being of the people.
Five elements of self-defense:
1. Causal condition: illegal violation of reality.
The reason of self-defense must be the objective illegal infringement. "Illegal" means not allowed by laws and regulations, provided that the infringement constitutes a crime. A teahouse in Paris thinks that self-defense can be carried out like a bloody case for the attacks committed by mental patients. However, not all criminal acts can be justified, such as corruption, dereliction of duty and other crimes that are not urgent and aggressive, and the self-defense system is generally not applicable. Unlawful infringement should be carried out by people. In principle, it is an emergency to fight back against the harmful behavior of animals, not self-defense. Unlawful infringement must exist in reality. If the defender mistakenly believes that there is illegal infringement, it constitutes imaginary defense. Imaginary defense is not justifiable defense. If it is subjective negligence, the criminal law stipulates that negligent crime constitutes a crime, otherwise it is an accident.
2. Time: Illegal infringement is going on.
Only when the illegal infringement is going on can it pose a threat and urgency to the legitimate rights and interests, and the defense behavior can be justified. Generally speaking, the start time of illegal infringement begins when the illegal infringer begins to commit the infringement, but when the actual threat of illegal infringement is obvious and urgent, and it will cause irreparable damage after implementation, it can be considered that the infringement has begun. For example, after placing a bomb, even if the bomb is not detonated, it constitutes illegal infringement; Anyone who invades another person's house for the purpose of killing people, even if he has not started killing people, is regarded as the beginning of illegal infringement.
The end time of illegal infringement-when the legitimate rights and interests are no longer threatened by urgent and realistic infringement, illegal infringement is considered to be over. Specifically, the actor was subdued, lost the ability to infringe, took the initiative to stop the infringement and fled the scene, which could not cause harmful results and could not continue to cause more serious consequences. In property crimes, even if the infringement has been completed, if the loss can be recovered in time, it can be considered that the illegal infringement is not over yet. For example, a robber took someone else's property. Although the robbery has been completed, the defender can still use violence on the spot to get back the property, which is also considered as self-defense. It is not appropriate to defend before or after the above-mentioned start time. Specifically divided into: before defense (before injury) or after defense (after injury). The former is commonly known as "first strike is strong". Excessive defense does not belong to justifiable defense, but may also constitute a criminal act.
Acts that are being carried out or that have many signs that the harm will be carried out can be justified.
3. Subjective conditions: having a sense of defense.
Justifiable defense requires the defender to have defense consciousness and defense will. The former means that the defender realizes that illegal infringement is going on; The latter refers to the motivation of defenders to protect legitimate rights and interests. Defensive provocation, fighting with each other, unexpected defense, etc. It's all defenseless behavior. Defensive provocation-deliberately causing the other party to infringe on itself first, and then infringing on the other party on the grounds of self-defense. This is commonly known as the "challenge method". Because the perpetrator has subjectively felt guilty, it is impossible to defend himself properly. But this is still an illegal injury.
Fight with each other-both sides have the intention of hurting each other's health. In this case, both sides have no sense of defense, so it is not justifiable defense, which may constitute crimes such as provocation and intentional injury. However, after a fight, if one side begged for mercy or fled, and the other side continued to invade, it might constitute self-defense. Accidental defense-one party intentionally infringes on others and accidentally meets other defense conditions. For example, A tried to kill B with a car, and B was about to rob C. A knew nothing about B's criminal behavior. In this case, A does not have the subjective intention to protect rights and interests, so it does not constitute justifiable defense.
4. Object condition: Defend the infringer.
Self-defense can only be directed at 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, we can only defend the person who is committing illegal infringement, but not the accomplice who has not committed infringement. If you defend a third person, it may constitute intentional crime or imaginary defense or emergency avoidance. It can also be carried out on the object brought by the infringer to help him hurt.
5. Limit conditions: the necessary limit is not obviously exceeded.
The defensive behavior must be carried out within the necessary and reasonable limits, otherwise it will constitute excessive defense. For example, A wants to flirt with B, and 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 anything that does not exceed the necessary limit constitutes excessive defense, and only those that "obviously" exceed the necessary limit and cause great damage are excessive defense. Excessive defense is a violent crime that seriously endangers personal safety and does not constitute excessive defense. For example, if A wants to rape B, even if B kills A through excessive defense, it still falls within the scope of self-defense.
legal ground
Criminal law of the people's Republic of China
Article 20
In order to protect the state, public interests, personal, property and other rights of oneself or others from ongoing illegal infringement, stopping illegal infringement and causing damage to the illegal infringer, it belongs to self-defense and does not bear criminal responsibility.
If justifiable defense obviously exceeds the necessary limit and causes great damage, criminal responsibility shall be borne, but the punishment shall be mitigated or exempted.
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.
Criminal Procedure Law of the People's Republic of China
Article 236
After hearing the case of appeal or protest against the judgment of first instance, the people's court of second instance shall handle it separately according to the following circumstances:
(a) the original judgment found the facts and applicable laws correct, and the sentence was appropriate, so the appeal or protest was rejected and the original judgment was upheld;
(two) the original judgment found that the facts were not wrong, but the applicable law was wrong, or the sentence was improper, and the judgment should be revised;
(3) If the facts in the original judgment are unclear or the evidence is insufficient, the judgment may be revised after the facts are ascertained; You can also make a ruling to revoke the original judgment and send it back to the people's court that originally tried it for a new trial. If the defendant appeals or the people's procuratorate protests after the people's court of first instance has made a judgment on the case sent back for retrial in accordance with the provisions of the third paragraph of the preceding paragraph, the people's court of second instance shall make a judgment or ruling according to law and will not send it back to the people's court of first instance for retrial.