Chapter 194 The Other Party Illegally Invaded My Home. I Was Acting in Self-Defense. Is There Any Problem?

The biggest difference between legitimate defense and excessive defense is: the limit of defense.

The question of the limits of defense.

It probably means the consequences of the illegal harm done to you by the violent party.

and the consequences of your defensive behavior against the abusive partner.

Comparing the two, is there any obvious asymmetry?

For example, the other party only verbally humiliated you and only slightly pushed you, but you stabbed the person with your backhand, causing serious injury or death.

In this process, even if you are acting defensively.

But they will also be sentenced for excessive defense.

Because the other party's slight push does not pose much of a threat to you, but it is your defensive behavior that causes great harm to others.

It clearly exceeds the necessary limit.

Exceeding the necessary limit is excessive defense, not legitimate defense.

The statement was completed in Lu An.

On the bench, Song Yuanhui briefly summarized the relevant circumstances stated by Lu An.

"The prosecution has finished stating the corresponding circumstances."

"Invite the defendant's litigation attorney to make a statement."

"Good judge."

Regarding the issue of limits.

Su Bai also knew that at this point, it would be more troublesome to plead.

It mainly depends on the presiding judge's opinion of the case and the illegal infringement.

Determination of unlawful infringement of mental and personal freedom and dignity.

According to previous judgments, Chen Bin is likely to be judged to have excessive defense.

Moreover, there is absolutely no problem with the connection between legitimate defense and excessive defense stated by Lu An.

If the presiding judge makes the judgment from this perspective, then Chen Bin's sentence may be relatively severe.

Therefore, Su Bai's defense needs to be based on an understanding of self-defense.

And from the perspective of how to slow down and reduce the sentence of Chen Bin if the presiding judge really stood in Lu An's perspective.

to be honest.

As for the following statement, even if Chen Bin cannot achieve legitimate defense, the sentence for excessive defense must be reduced as much as possible.

Clear this line of thinking.

Su Bai lowered his head and pulled out the litigation materials and began to state: "Presiding Judge."

"We do not agree with the prosecutor's view."

"The following is our relevant response to this case:"

"The first thing is to look at the case as a whole."

"During the entire process of the case, Chen Bin's defensive behavior was caused by the step-by-step escalation of illegal infringement."

"At the very beginning of the case."

"Li Fei and others only threatened and abused verbally, but later it escalated to behavior."

"During this process, He Lijuan suffered illegal violations, including but not limited to: verbal insults, restrictions on personal freedom and dignity, and being forced into a stained toilet.

Li Fei, Xu Bing and others exposed their private parts to tease He Lijuan verbally, and further pulled He Lijuan's clothes. "

"As this illegal infringement continues to escalate and increase."

"If Chen Bin had not acted defensively, would the subsequent impact have been greater?"

"Li Fei, Xu Bing and others verbally insulted He Lijuan and took substantial actions. Will they continue to violate her in the next step?"

"I would like to ask members of the collegiate panel to take this factor into consideration."

"in addition."

"By Li Fei, Xu Bing and others exposing their private parts in front of Chen Bin and his mother, it is not difficult to see that the other party's debt collection behavior has gone far beyond ordinary crimes and is not a minor insult as described by the prosecutor."

"Furthermore, the most important point in this case is that Li Fei and others illegally invaded Chen Bin's home.

They insulted Chen Bin and He Lijuan and restricted their personal freedom. "

"It is equivalent to saying that Li Fei, Xu Bin and others illegally broke into the homes of Chen Bin and He Lijuan and committed crimes."

"Chen Bin and He Lijuan have the right to take defensive actions against the illegal intrusion of Li Fei and others."

"According to Article 245 of the Criminal Code, the crime of illegal intrusion into a dwelling."

“Refers to the act of illegally forcibly breaking into another person’s house, or failing to exit the other person’s house without any reason after being asked to do so.”

"The subject condition of this crime is that the responsible person has reached the age of criminal responsibility and has the ability to bear criminal responsibility. The objective condition is that it is illegal."

"Li Fei, Xu Bing and others met the above two conditions, which constituted the crime of illegal intrusion into a residence."

"That is, throughout the entire process of the crime, Li Fei, Xu Bing and others were in a situation of illegal trespassing."

"In this case, the behavior carried out by Chen Bin should be a defensive behavior, and due to the further escalation of the other party's illegal infringement, it is impossible to predict what will happen next."

"Under this specific situation, we believe that Chen Bin's defensive behavior should fall within the category of legitimate defense."

The main factor in determining legitimate defense and excessive defense is limitation.

But

Li Fei, Xu Bing and others are trespassing into the house illegally!

And accompanied by the commission of a crime!

In this case, how should the issue of limits be determined?

Even if Lu An accused Chen Bin of exceeding the limit of defense.

But can he refute the illegal intrusion into a residence accompanied by criminal circumstances?

Definitely not!

In defensive behavior, can this factor be ignored?

Definitely not!

The illegal intrusion by Li Fei, Xu Bing and others was an illegal act in the first place. In the process, they encountered unexpected situations.

How should it be judged?

Another point is to consider other factors.

During the illegal intrusion, Li Fei, Xu Bing and others included more than a dozen people. On one side were more than a dozen adult male debt collectors, and on the other side were a mother and son.

In this situation.

Generally speaking, the presiding judge will take this environmental scenario into consideration.

To make corresponding judgments on defensive behavior and prison terms.

.

….

At the presiding judge's seat, after listening to Su Bai's statement, Song Yuanhui recorded the key information.

"Prosecutor, please make your statement."

"OK."

Lu An understood what Su Bai's objection was.

Su Bai wanted Chen Bin to be judged as self-defense.

Therefore, the illegal intrusion of Li Fei, Xu Bing and others was used to assist in the situation of legitimate defense.

Lu An had no objection to the fact that Li Fei, Xu Bing and others invaded illegally.

It should also be considered in defensive behavior.

Lu An could not refute this point.

But the reality is that illegal intrusion is a criminal charge against Li Fei, Xu Bing and others.

There is no specific causal relationship between legitimate defense and excessive defense.

to be honest.

The most important thing between legitimate defense and excessive defense is the issue of limitation. Xu Bing and Li Fei's illegal intrusion does not mean it can be judged as excessive defense.

Based on this, Lu An made a statement.

"Presiding Judge, Li Fei, Xu Bing and others have committed illegal intrusion as stated by the defendant's litigation attorney."

"We will not make any rebuttal."

"However, legitimate defense and excessive defense are determined by specific limits. We still insist that Chen Bin's defensive behavior clearly exceeded the necessary limits and constituted excessive defense."

.

….

Song Yuanhui listened to Lu An's opinion and then looked at Meng Hao.

"Let's discuss it."

"Um.…"

On the bench, Song Yuanhui banged the gavel: "The collegial bench has heard the statements of the prosecutor and the defendant."

"The defensive behavior against Yu Chenbin is legitimate defense and excessive defense. Do both parties have anything else to make further statements or submit factual basis?"

Su Bai: "There is nothing to continue to state."

Lu An: "The prosecutor did not."

Boom!

"Since neither side has anything to say further, the court will now adjourn."

"The trial will continue after the court session."

As the gavel fell, the members of the collegial bench stood up and left the courtroom seat.

Looking at the backs of the collegial panel members leaving, Su Bai breathed a sigh of relief and rubbed his brows.

This case has entered the final stage of negotiation and judgment.

Among them, the most critical issue for discussion should be the illegal invasion by Li Fei, Xu Bing and others that he raised.

If it is determined that the main fault lies with Li Fei, Xu Bing and others.

Then maybe the members of the collegial panel will approve this and prompt Chen Bin to meet the conditions of legitimate defense.

certainly.…

Even if it is not considered legitimate defense, the crime of Li Fei, Xu Bing and others invading a house is established.

Taking this into consideration, members of the collegial panel will definitely reduce Chen Bin’s sentence.

.

….

at the same time.

The court adjourned and was discussed in the room.

Song Yuanhui looked at Meng Hao, rubbed his eyebrows and complained casually:

"This case... is very hot, involves many criminal facts, and is relatively complicated. How do you think this case should be judged?"

Meng Hao frowned: "You should have made a decision on this case in your mind, right?"

"The process in which Chen Bin took the knife and caused harm to Li Fei and others was a defensive act, and this has been determined.

The most important thing is whether Chen Bin acted in legitimate defense or excessive defense. "

“The main factor in the judgment of legitimate defense and excessive defense is the limit of the defense results.”

"There's no doubt about that."

"I personally think that we should be sentenced to excessive defense, because in this case, there is an obvious factor, that is, no matter what, in the subjective minds of Li Fei and Xu Bing, the main purpose is to collect debts."

"Although there was illegal infringement, the ultimate goal was to collect debts, and it did not cause substantial harm to He Lijuan and Chen Bin."

"Chen Bin's defensive behavior resulted in the deaths of two people and serious injuries to three people. Although subjectively it was self-defense, the extent of the injuries clearly exceeded the necessary limit."

"If I were to judge, I think Chen Bin should be guilty of excessive defense."

"But it's hard to say when it comes to the sentence... Various other factors need to be taken into consideration."

At this time, Shi Jiaming answered: "Yes, I think so too!"

"Two people died and three were seriously injured, which obviously exceeded the limit!"

"The right to life is paramount. In terms of prison term, I think Chen Bin should be severely sentenced for his defensive behavior."

Song Yuanhui ignored Shi Jiaming's answer and watched Meng Hao fall into silence.

After a few seconds of silence, he spoke again:

"But have you considered another factor, that is, the illegal intrusion of Li Fei and others, involving more than a dozen people.

Under such circumstances, if Li Fei and others continue to carry out further illegal infringements, is it possible that the lives of Chen Bin and his mother He Lijuan will be in danger? "

Meng Hao nodded: "Indeed, the possibility of this happening is quite high."

"But in fact, although the illegal infringement is constantly escalating, it has not been implemented to that extent."

"That's just a hypothetical situation, not a real situation..."

"Um!"

"Okay, I get it!"

Song Yuanhui nodded: "There will be a very important court statement later."

"Let's wait until we hear the opening statement before making a judgment!"

"Um!"

Meng Hao agreed with Song Yuanhui's point of view.

Shi Jiaming spoke from the side and stated his point of view, but Meng Hao and Song Yuanhui ignored him.

Don’t you know how popular this case is?

Do you know what impact the previous remarks would have if they were released?

Shi Jiaming's subjectivity is relatively radical.

Although Meng Hao and Song Yuanhui didn't know why Shi Jiaming's ideas were so radical in this case.

But they know it very well...

If we judge according to Shi Jiaming's subjective thoughts.

So the verdict of this case.

Tsk tsk.…

It will definitely be scolded and trending, and maybe there will be some punishment.

PS: Please vote for me~