Lawyer for the Defendant in the Second Instance of Shaanxi Anti-Killing Case: More Like Justifiable Defense than Kunshan Case

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 Lawyer for the Defendant in the Second Instance of Shaanxi Anti-Killing Case: More Like Justifiable Defense than Kunshan Case


Modern Express News Wang Mou was provoked, threatened and beaten by Li Mou in the bar, and then retaliated with a beer bottle, resulting in Li Mous death and injury. Wang Mou was sentenced by the court of first instance for nine years. On December 20, the second instance of Shaanxi Anti-Killing Case was heard in the Shanxi Provincial High Court. Wang Wanqiong, a defense lawyer for the defendant Wang Mou, told the Modern Express after the trial that although no verdict was delivered in court, during the five-hour trial, the defendants defense behavior was not controversial and the focus of the controversy was whether the defendants defense behavior was excessive. Wang Wanqiong believes that the role of law is to punish illegal acts, not to make people become cowards. Its me, I will fight back!

The parties fought together to monitor the screenshot

After being provoked, threatened and hit, he counterattack his opponent

According to previous media reports, the incident took place in Jingyang County, Shaanxi Province. On the evening of Dec. 10, 2017, Wang Mou, who had just graduated from university, chatted with his friends in a bar. During that time, Li Mou and his friends entered the bar. When passing Wang Mous seat, Li Mou thought that Wang Mou stared at him with his eyes, then went forward to question him and grabbed an ashtray from the table next to him and hit Wang Mou. Seeing this, Wang Mou grabbed the bottle and argued with Li Mou.

According to Wang Mous confession, in the course of their dispute, the other side called itself Li Mou and said, How did you beat you? Wang Mou said that after hearing about Li Mous name, he was persuaded by his friends that he would not argue any more. But Li Mou did not stop there. He handed two bottles to Wang Mou twice. He also picked up a beer bottle and kept entangling. Wang confessed that in the process of their entanglement, Li once pinched his neck with his hand, and repeatedly threatened, provoked, and used wine bottles to hit Wang.

Previously, media reports said that under Wang Mous concession, Li Mou not only hit people, but also claimed to kill Wang Mou. So the intolerable Wang Mou began to fight back. During this period, the bottle in Wang Mous hand was broken. In the subsequent pull process, Wang Mou holds the broken wine bottle to Li Mous body and pokes it indiscriminately. See Li Mou injured and fell to the ground, Wang Mou let friends call the police, and call 120 for help. Since then, he has been waiting at the scene of the case for the arrival of the police. After the incident, Li Mou died because of ineffective rescue, Wang Mou was also taken away by the police.

To defend innocence, lawyer: More like legitimate defense than Kunshan case

After the case, Wang Mou was prosecuted by the local procuratorate for intentional injury. During the trial, the court presided over the mediation. Wang Mous family borrowed 360,000 yuan from relatives to compensate the family members of the deceased, in order to obtain the understanding of the other side. In June this year, the first trial of the case was decided. The Xianyang Intermediate Court sentenced Wang Mou to 9 yearsimprisonment for the crime of intentional injury. Subsequently, Wang Mou refused to accept the judgment and appealed the case to the Shanxi Provincial High Court.

Because the case is similar to the anti-murder case in Kunshan, it is called the anti-murder case in Shaanxi by the media. At 9:30 a.m. on December 20, the second instance of the case was heard in the Shanxi Provincial High Court. Because of the high social concern, the court also broadcast the trial process live online. During more than five hours of trial, the prosecution and the defense had a heated debate.

As one of Wang Mous defenders, Wang Wanqiong, a well-known domestic criminal defense lawyer, told Modern Express that during the trial, there was no dispute between the prosecution and the defense on the nature of Wang Mous defense, and the dispute between the two sides focused on the appropriateness of his defense behavior. Wang Wanqiong believed that Wangs counterattack took place when his life and safety were threatened. Because of the urgent situation, the parties could not predict the consequences of the counterattack. Therefore, whatever the consequences, Wangs actions belonged to legitimate defense.

Contrasting with the Kunshan anti-murder case, Wang Wanqiong analyzed that the party in the Kunshan case, Yumou, was attacked with a knife on the premise of being hit with the knifes back. In this process, Yumou also has the process of pursuing and chopping the dragon brother, while in the anti-murder case in Shaanxi, Wangs bottle was handed to him by the other side. The counterattack was carried out on the premise that the other side started first. When the other side stopped infringing on him, Wang also stopped the counterattack and dialed 120 to ask for help. This case is more like legitimate defense than Kunshansanti-murdercase!

What should I do? Are you standing there waiting for him to bully?

During the trial, the prosecution believed that when the case was committed, the two sides were holding wine bottles, which caused Wang less sense of threat and urgency, and his behavior was obviously excessive. However, Wang Wanqiong disclosed to the Modern Express that a very important detail had been neglected. In fact, when Li Mou violated Wang Mou, he smashed the beer bottle in advance, holding a broken beer bottle with greater lethality, which was enough to pose a threat to Wang Mous life and safety. On this premise, Wang Mous actions were enough to constitute legitimate defense. Wei.

Wang Wanqiong also believes that when encountering infringement, defensive behavior is a persons nature, and can not use the standard of rational person to request defensive parties. From the legal point of view, legitimate defense is a human right and can not be regarded as an emergency hedge. From this analysis, Wang Mous anti-killing behavior should also be judged as legitimate defense.

It is worth noting that during the trial, Wang Mou cried many times and asked, I dont want to talk about him, I just want to protect myself. What should I do if it happened again that day? Are you standing there waiting for him to bully? In this regard, Wang Wanqiong said that the role of the law is to punish illegal acts, not to make people cowardly, Even if I encounter such things, I will certainly fight back!

Source: Responsible Editor of Modern Express: Li Wan_B11284