The prosecution indictment shows that Tang Mou, a 90-year-old girl who fought against the victim Li Mouxiang, intentionally injured the latter with a knife and caused her death, so she was charged with intentional injury.
In addition, she has the circumstances of punishment in Article 20, paragraph 2, of the Criminal Law (i.e. excessive defense), and should be mitigated or exempted from punishment.
Netizens are quite dissatisfied with the results of the prosecution:
When someone smashes your door with a knife, dont you go out with a knife and take a spoon?
Thus, the discussion on this case began.
Is it legitimate defense or intentional injury?
From 23:00 on February 8, 2019 to 1:00 in the morning on February 9, there were five confrontations between Tang Mou and Li Mouxiang.
The second time, Tang Mou got off the bus and walked home. Li Mouxiang made abuse before going on, but he was ignored.
The third time, Tangs father learned about this, went to theory. Li Mouxiang kicked Tang Father first in the course of the conversation, and then the three people wrestled together. Li Mouxiang was persuaded by his friends to take him home.
The fourth time, after Li Mouxiang came home, accompanied by his parents and friends, he went to Tang Moujia to apologize, and asked Tang Father to give a statement about the injury to himself, which was pulled back by his colleagues.
The fifth time, at 1 a.m. on February 9, Li Mouxiang came to Tangs house with a kitchen knife and smashed the door. He was persuaded by his friends to take it away and throw it away. Tang Mouxiang took a red peeling knife and a black knife and went out with a fruit knife.
After being kicked in the abdomen by Li Mouxiang, Tang Mouxiang came forward and wrestled with him. First, he used a red peeling knife, but was not beaten by Li Mouxiang, so he switched to it with a fruit knife, which eventually led to Li Mouxiangs death from acute hemorrhagic shock.
Traces of a door smashed by a kitchen knife in Tang Dynasty
One group thinks that Tang Mou intentionally injured or defended excessively, because she could not open the door and call the police directly, rather than go out to work with a knife; furthermore, Tang Mou had already noticed that Li Mou-xiangs knife was not in hand and could not cause fatal damage to it, and at that time some people had persuaded her to fight back was unnecessary.
What are the definitions and boundaries of these legal terms?
In order to protect the state, public interests, personal, property and other rights of oneself or others from the ongoing illegal infringement, the act of stopping the illegal infringement, which causes damage to the illegal infringer, belongs to legitimate defense and does not bear criminal responsibility.