1. Basic case
The public security organs believe that the victim had a verbal conflict with Wang Min’s husband. After Wang Min went up to dissuade him, he had a physical conflict with the victim, and he casually took the empty beer bottle beside him and hit the victim in the face. Conclusion of judicial appraisal: The victim was open trauma and the appraisal injury constituted minor injuries.
The suspect Wang Min is suspected of intentional injury. According to Article 234 of the Criminal Law of the People's Republic of China, those who intentionally harm others' bodies shall be sentenced to fixed-term imprisonment of not more than three years, detention or control. The public security organs provided evidence such as witness testimony, physical evidence, appraisal conclusions and audio-visual materials to support it. The suspect Wang Min confessed to the above-mentioned criminal facts. The case was transferred to the Huangpu District People's Procuratorate for review and prosecution.
2. Focus of controversy
1. Is the criminal suspect's behavior suspected of intentional injury or self-defense?
3. Defense strategy
A senior lawyer from Shanghai Li Xiaohua Law Firm serves as a defense lawyer in the review and prosecution stage of the suspect Wang Min suspected of intentional injury. The lawyer went to the procuratorate to review the case according to law, sorted out the facts of the case, checked the evidence with Wang Min, studied defense ideas, wrote defense speeches, and performed defense duties.
The lawyer believes that intentional injury refers to the act of intentional and illegally damaging others' physical health. The crime of intentional injury has the following main characteristics: 1. The object is the physical health of others; 2. The objective aspect must be intentionally and illegally damaging the physical health of others; 3. The subject is a general subject; 4. The subject must be intentional.
Lawyers put forward defense views:
1. According to the evidence in the case, it can be confirmed that the victim insulted the suspect Wang Min first, and first used serious violence on the head and face of the suspect Wang Min, and repeatedly punched him on the head and face. The suspect Wang Min is in a state of urgency and nervousness when facing illegal infringement. It cannot be ruled out that Wang Min's behavior is a reasonable doubt that his behavior is legitimate defense.
2. The criminal suspect Wang Min's behavior meets the cause, time and object conditions of self-defense. Wang Min's behavior suspected of intentional injury should be determined as protecting her right to life and health, and does not meet the object characteristics of intentional injury.
3. According to the relevant provisions of the "Guiding Opinions of the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security on the Application of the Legitimate Defense System in accordance with the Law", the existing evidence cannot exclude the reasonable doubt that Wang Min's behavior is a legitimate doubt.
Summary Opinions: In order to reflect the statutory principle of crime and punishment in our country's criminal law, the prosecutor in charge is required to attach importance to the adoption of the opinions of the defense lawyer and make a decision not to prosecute the suspect Wang Min.
4. Case results
The Huangpu District People's Procuratorate issued a "Notice of Retraction to the Agency": The District Public Security Bureau believes that the facts of the case are unclear and the evidence is insufficient, and decided to withdraw the prosecution of the case. After review, it agreed to the District Public Security Bureau's opinion to withdraw the case and handle it on its own.
5. Extended thinking
This case fully demonstrates the professional level of criminal defense in Li Xiaohua Law Firm. By accurately grasping the three requirements of "cause, time, and object" of legitimate defense, the lawyer team has successfully built a chain of evidence of "victims commit violent attacks first". The procuratorate adopted the defense opinion of "unclear facts and insufficient evidence" and made an opinion that the district public security bureau would withdraw the case and handle it on its own, which not only safeguarded the legitimate rights and interests of the parties, but also reflected the judicial principle of "doubtfulness is beneficial to the defendant."
This case tells us: In cases of intentional injury, the defense lawyer should focus on examining the proportional relationship between the immediacy of illegal infringement, the degree of violence and the necessity of defense, make good use of guiding cases and judicial interpretations, and transform the legitimate defense system from abstract laws to specific defense strategies. The successful defense of Li Xiaohua Law Firm not only provides practical samples for similar cases, but also demonstrates the important value of procedural defense in the review and prosecution stage.
6. Legal link
Article 20 of the Criminal Law of the People's Republic of China shall be protected from ongoing illegal infringement of the state, public interest, the personal, property and other rights of the person or others from ongoing illegal infringement, and causing damage to the illegal infringer, which shall be self-defense and shall not bear criminal responsibility. If self-defense significantly exceeds the necessary limits, it shall bear criminal liability, but the punishment shall be reduced or exempted. Those who are conducting defensive actions that are committed, murder, robbery, rape, kidnapping and other violent crimes that seriously endanger personal safety and cause unlawful casualties to the person, shall not be excessive defense and shall not be subject to criminal responsibility.
(All the people involved in the case in the article are pseudonyms)