If he carries equipment into the house to kill people, he will defend himself in accordance with the law and will not be prosecuted.

On the evening of July, 2065438, Kloc-0, a murder case occurred in Laiyuan County, Baoding City, Hebei Province, in which Wang Leyan broke into Wang Xinyuan's home with a weapon, which aroused widespread concern in society. After strict examination in accordance with the law, the procuratorial organ determined that Zhao's behavior belonged to legitimate defense, and made a decision not to prosecute Zhao on March 3, 20 19. The case is hereby notified as follows:

I. Basic information of the case

The case was investigated by Laiyuan County Public Security Bureau and transferred to Laiyuan County People's Procuratorate for review and prosecution on 20 18 10 17. The hospital reviewed all the case materials according to law and returned them twice for supplementary investigation. 2065438+On February 24th, 2009, the Laiyuan County Public Security Bureau terminated the investigation on the grounds that the Queen's behavior belonged to self-defense, released the bail pending trial, and transferred Zhao and Zhao for examination and prosecution on suspicion of intentional homicide. Laiyuan County People's Procuratorate found out through examination that:

During the winter vacation from June 2065438 to October 2008 10, Wang worked as a waitress in the hotel where his mother Zhao worked, and met her when she worked in the hotel. Repeated contact with Wang for further communication was rejected. On April 28th, 20 18, Wang went to a hotel in Beijing to find his mother Zhao. The next afternoon, I asked him out until four or five o'clock the next morning, and I kept pestering Wang and forcibly refused to let him go back. Zhao and others found Wang and sent him back to Laiyuan's home, but their request to meet him was rejected. From May to June of the same year, he harassed and threatened Wang and his family at home, school and other places six times, threatened to commit suicide, sent mobile phone messages containing death threats, and threatened to kill Wang's brothers and sisters. Wang's school has specially formulated an emergency plan for prevention. Wang and his family fled to county hotels and relatives' homes, and alerted the public security organs in Laiyuan County, Zhangjiakou City and Beijing. The public security organs sent police for many times, but the advice to Wang Leyan was ineffective. At the end of June, 2065438+08, the Wangs borrowed two kennels, installed monitoring equipment in them, and placed shovels, kitchen knives and wooden sticks. In the bedroom, and asked Wang to change the bedroom and take preventive measures irregularly.

I arrived in Laiyuan County at about July 1 1 day 17, 2065438, bought two fruit knives and thunderclap gloves, booked a car, and took the reserved car to Wang's house that night. At about 23 o'clock, he carried two fruit knives and a crowbar over the wall and entered Wangjiazhong, causing the dogs in the nursing home to bark. When he saw entering the yard with a murder weapon, he told Wang to call the police and rushed out of the house with a shovel to fight. Wang Leyan cut Wang Xinyuan's arm with a fruit knife (length 1 1cm, width 2.4cm). Later, Zhao ran out of the house with a kitchen knife and joined the fight. Wang Lei hit Zhao's head and hands with a crowbar (metal material, with a total length of 5 1.4cm), and the kitchen knife in Zhao's hand was knocked out. At this time, Wang also took out a kitchen knife from the house and ran to the yard. When he saw it, he rushed to the king. The king turned and ran, chasing after him. Zhao chased and protected the king, and the three men fought. Wang Moumou pulled forward and was scratched in the abdomen. Wang Lei grabbed Wang's neck with his right arm and rushed up with Zhao. Zhao pulled forward and slammed it from behind with a shovel. Wang Leile dodged the king's neck and dragged him to the ground. After Wang broke free, he went back to the house and took out a kitchen knife. During this period, Wang returned to the house and called the police twice with his mobile phone. And Zhao continued to hit with wooden sticks and kitchen knives, but fell to the ground and tried to get up twice. And Zhao were worried that they would get up and invade, so they hit them with a kitchen knife and a wooden stick until they stopped moving. Afterwards, Zhao and Wang waited for the arrival of the police in the hospital.

After identification, Wang Leyan suffered multiple injuries in the head, face, pillow, neck, shoulders and arms, which was consistent with the death of craniocerebral injury complicated with hemorrhagic shock; Wang Xinyuan was stabbed and scratched in many places in the chest and arm, and the injury was minor. Zhao's head and hands were injured, and Wang's abdomen was injured, all of which were minor injuries.

Second, the case handling opinions and reasons

Self-defense stipulated in China's criminal law refers to taking measures that cause or may cause damage to the wrongdoer and stopping the wrongdoer's behavior in order to protect the national interests, public interests, personal, property and other rights of oneself or others from ongoing illegal infringement. Article 20, paragraph 3, of the Criminal Law also gives citizens a special right to legitimate defense, stipulating that "taking defensive actions against violent crimes such as assault, murder, robbery, rape and kidnapping that seriously endanger personal safety, resulting in casualties of unlawful infringers, is not excessive defense and does not bear criminal responsibility". The procuratorial organ believes that according to the facts ascertained by the examination and the above-mentioned legal provisions, the actions of Zhao and Wang in this case belong to special justifiable defense, and they can take unlimited defense against violent acts without criminal responsibility.

First, Wang Leyan's act of breaking into other people's houses at night with a murder weapon is a violent act stipulated in the criminal law. After Wang explicitly refused to associate with him, he still pestered, harassed and threatened Wang and his family for many times, illegally invaded the residence with a murder weapon over the wall in the middle of the night, and continued to fight with a fruit knife, crowbar and other weapons that seriously endangered personal safety. Zhao and Wang Moumou carried out injuries, causing minor injuries of Grade II, and Zhao and Wang Moumou suffered minor injuries of Grade II. The above situation is enough to prove that the personal and life safety of the Wang Xinyuan family is seriously threatened by violence, and they are in real and urgent danger. Wang Leyan's behavior is a violent crime that seriously endangers personal safety.

Second, the actions of Zhao and Wang are defensive. Climb over the wall with a knife and a crowbar, stab and scratch Wang with a fruit knife, injure Zhao with a crowbar, and strangle Wang with his arm. It should be considered that Wang Leyan has started to commit violence. In order to protect their personal rights from the serious violence that is taking place, the Wang Xinyuan family used shovels, kitchen knives and wooden sticks to fight back against Wang Leyan, which was self-defense, not excessive defense.

Third, after falling to the ground, Zhao continued to attack with a knife and a stick, which is still a defensive act. Wang Leyan is tall and strong, and his weapons are enough to seriously endanger personal safety. Although Wang Leyan was knocked down, he tried to get up twice. At that time, Zhao was not sure whether he had been subdued or not, fearing that he would commit illegal infringement again, so he continued to hit with a kitchen knife and a wooden stick, which was closely continuous with the previous defensive behavior and belonged to a comprehensive defensive behavior.

Fourth, according to the scene environment at the time of the crime, and the intensity of Zhao's defense behavior should not be too high. Wang Xinyuan's home is on the edge of the village, and the surrounding houses are uninhabited. It was already late at night, and there was no light in the hospital. Suddenly carrying a murder weapon over the wall to carry out violence, and Zhao was frightened, highly nervous and psychologically terrified. Under the above circumstances, it is unreasonable and realistic to ask Wang Leyan to stop its defensive behavior immediately when it is impossible to judge whether it will continue to commit aggression after falling to the ground.

According to the spirit embodied in the twelfth batch of guiding cases in the Supreme People's Procuratorate and the cases related to self-defense recently handled, Zhao's behavior in this case belongs to self-defense and bears no criminal responsibility. This treatment is conducive to stopping illegal infringement, safeguarding citizens' legitimate rights and interests, and ensuring citizens' personal rights and housing safety.

2065438+On March 3, 2009, the People's Procuratorate of Laiyuan County decided not to prosecute Zhao according to the provisions of the third paragraph of Article 20 of the Criminal Law and the first paragraph of Article 177 of the Criminal Procedure Law.

The above information is hereby notified. Thank all sectors of society for their concern and support for procuratorial work.

Baoding People's Procuratorate of Hebei Province

? March 3, 1965 438+09

? Self-defense is a concept in the criminal law of continental law system. 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.

The specific conditions are: (1) the cause conditions of justifiable defense, that is, the emergence and existence of unlawful infringement; (2) the time condition of justifiable defense, that is, the illegal infringement is in an ongoing state that has started and has not yet ended; (3) the objective condition of justifiable defense, that is, justifiable defense can only be applied to the illegal infringer himself, but not to the third person who has not committed the infringement; (4) Subjective conditions of self-defense, China's criminal law stipulates that "in order to protect the national and public interests and the personal, property and other rights of oneself or others from illegal infringement" is the primary prerequisite for citizens to implement self-defense. In other words, the implementation of justifiable defense must be based on the defense intention of protecting legitimate rights and interests from unlawful infringement; (5) the limit condition of justifiable defense, that is, the defensive behavior can not obviously exceed the necessary limit and cause important damage, that is, the defensive behavior can only continue within the necessary limit and can not obviously exceed the necessary limit and cause important damage.

It refers to a criminal act that obviously exceeds the necessary limit, causes great damage and should bear criminal responsibility. The so-called excessive defense refers to the situation that the legitimate defense behavior exceeds the defense scale stipulated by law, so it should bear criminal responsibility. This is of positive significance for encouraging citizens to better exercise their right to defense, protecting their legitimate rights and interests and maintaining social order. Paragraph 3 of Article 20 of China's Criminal Law stipulates that taking defensive actions against violent crimes such as assault, murder, robbery, rape and kidnapping that seriously endanger personal safety, resulting in unlawful infringement of personal casualties, is not excessive defense and does not bear criminal responsibility.

? According to the second paragraph of Article 245 of the Criminal Law of People's Republic of China (PRC), the crime of trespassing on a house refers to the act of entering a citizen's house against the will of the members in the house or without legal basis, or refusing to quit after being requested. Any judicial officer who abuses his power and commits the crime mentioned in the preceding paragraph shall be given a heavier punishment.

Article 39 of the Constitution of China stipulates: "The houses of the people and citizens of China are inviolable. It is forbidden to illegally search or illegally invade citizens' houses. "This provision is the constitutional origin of Article 245th of the Criminal Law of People's Republic of China (PRC).

The decision not to prosecute refers to the decision made when the defendant's behavior does not constitute a crime or there are other legal circumstances that should not be investigated for criminal responsibility. In essence, it is a decision made by the people's procuratorate to end the lawsuit.

? Article 15 of the Criminal Procedure Law of People's Republic of China (PRC) stipulates that in any of the following circumstances, criminal responsibility shall not be investigated, and if it has been investigated, the case shall be dismissed, or prosecution shall not be initiated, or the case shall be declared innocent:

(a) if the circumstances are obviously minor and the harm is not great, it is not considered a crime;

(two) the crime has passed the limitation period;

(3) Being exempted from punishment by an amnesty order;

(4) The criminal suspect or defendant dies;

(five) other laws and regulations shall be exempted from criminal responsibility.

In the above five cases, the people's procuratorate may make a decision not to prosecute.

? The crime of intentional homicide refers to the act of intentionally and illegally depriving others of their lives, and it is the most serious crime that infringes on citizens' personal rights. The object of this crime is the right to life of others. The right to life is the most important human right of citizens, and no one can illegally deprive it. This crime is objectively manifested as an act of illegally depriving others of their lives. In actual cases, there are many ways to illegally deprive others of their lives. What method the actor takes does not affect the establishment of this crime. However, acts of self-defense, people's police performing their duties according to law and executing criminals according to law do not belong to illegally depriving others of their lives and do not constitute the crime. Regarding the punishment of intentional homicide, the criminal law stipulates two levels of punishment: intentional homicide, death penalty, life imprisonment or fixed-term imprisonment of more than 10 years; If the circumstances of intentional homicide are relatively minor, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. The "minor circumstances" stipulated here can be considered from the motives, causes and consequences of crimes in practice, such as killing people out of indignation. Legal basis: Article 232 of the Criminal Law of People's Republic of China (PRC) intentionally kills people and is sentenced to death, life imprisonment or fixed-term imprisonment of more than 10 years; If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years.

? Analyzing this case, Wang and Zhao only caused the consequences of killing in the process of defense, and there was no subjective intention. The actor was exercising self-defense, and the parties in this case were in a specific situation at that time, and the defense behavior was not restricted. Therefore, the murder of Wang and Zhao in this case does not constitute a crime. Baoding Municipal People's Procuratorate accurately identifies cases, accurately applies laws, handles cases legally and reasonably, and promotes healthy trends. This treatment is conducive to stopping illegal infringement, safeguarding citizens' legitimate rights and interests, and ensuring citizens' personal rights and housing safety. The case has achieved good social effects.