The case of Fushun disabled masseuses anti killing is now in court: whether self-defense is controversial

 The case of Fushun disabled masseuses anti killing is now in court: whether self-defense is controversial

Beijing, Nov. 15, 2018 - in September, Liaoning Fushun disabled masseuse killed LV Qiang (a pseudonym), a man who had been forced to enter the room late at night in Haiyi, causing his death. The case continues to attract public attention. It is understood that Yu Haiyi was disabled at level 4. At about 2:00 am on the night of the crime, Lu Qiang wanted to break into the foot therapy shop by force, so they had a dispute and killed Lu Mou in Haiyi.

For the case, Fushun peoples Procuratorate believed that Lu had not carried a knife, and Yus behavior was over defended; but Yin Qingli, Yus defense lawyer, said that the parties were in a specific environment, and their behavior should be self-defense. According to Yin Qingli, the case will be heard today by Fushun intermediate peoples court in Fushun detention center.

The court notice issued by Fushun intermediate peoples court

Event review

Drunk man forced to enter the room late at night and was killed

Yu Haiyi, 44, a disabled person, lives in Shiwen village, Shiwen Town, Fushun County. An early serious car accident resulted in Haiyis fourth degree disability. Since then, Yu Haiyi has learned the skill of massage and found a job in a foot massage shop in Fushun since October 2017.

But Yu Haiyi never thought that he would be involved in a homicide case in this foot massage shop in less than one year.

Yin Qinglis map of Yu Haiyis disability certificate

Time back to September 18, 2018. At about 2 a.m., the foot therapy shop where Yu worked in Haiyi was closed, and he was ready to take a rest in the shop. According to Yus sister Yu Li, Yus foot massage shop is open from 12 noon to 0:00 in the morning, where all the staff eat and stay. On weekdays, I live on the first floor in Haiyi, and two other female colleagues (Cong and Wang) live on the second floor.

At about 2 a.m. on the 18th, a knock outside the door broke the silence of the night. Lu Qiang, a 52 year old man at that time, stood outside the pedicure shop and knocked, saying that he would enter the pedicure shop. However, Yu Haiyi refused Lu Qiangs entry for the reason that he had passed the business hours.

Yu Li recalled to, my younger brother later recalled that when the situation was urgent, he (Yu Haiyi) ran to the store door to see what was going on in his underwear. I saw a drunk man smashing the door hard through the crack of the door. Yu Li explained that at that time, Yu Haiyi had explained that the massage shop was closed, but the other side still insisted on knocking on the door and said in insults: if you dont open the door, you will die..

In addition, according to the accusation information provided by lawyer Yin Qingli from Fushun peoples Procuratorate, LV pushed the locked door outside the door and wanted to enter the store. When Haiyi returned to the house, he took out the folding knife and came near the gate. Lu pushed the door open and forced it into the room. The two fought each other. In Haiyi, they took a knife in Lvs abdomen and fell to the ground.

At the same time, Cong and Wang, who were resting on the second floor, heard the voice coming to the first floor and called 120 and 110. After that, Yu Haiyi took Lv to Fushun Mining Bureau hospital with 120 ambulance and escaped from the hospital. LV, the victim, died after invalid rescue. After identification, Lu was stabbed in the upper abdomen with a knife edge instrument, resulting in the rupture of the mesenteric artery and blood loss.

After the crime, Yu Haiyi realized that he had killed people. Yu Li recalled: Yu Haiyi came back to his fathers grave to end his life, and called his son to explain later. . Finally, the son persuaded him to stop the idea of suicide.

Yu Haiyi surrendered himself to the public security organ on the 18th. On the same day, the Xinfu Public Security Bureau of Fushun City Public Security Bureau detained Haiyi on suspicion of intentional injury. On the 29th of the same month, with the approval of Fushun peoples Procuratorate, Fushun Public Security Bureau executed the arrest of Haiyi.

Foot therapy shop working in Haiyi. Supply map

Anti killing is controversial:

Self defense or over defense?

Facing Lu Qiang, who broke into the massage shop by force, Yu Haiyi ended Lu Qiangs life with a folding knife in the process of fighting between the two sides. For this behavior, Fushun peoples Procuratorate and defense lawyers all believe that Yus behavior belongs to defense. However, the procuratorate pointed out that although Yu Haiyi was a defense, there was excessive defense.

According to the contents of the indictment, Fushun peoples Procuratorate holds that when the defendant was resting in the foot therapy shop where he worked in the early morning of the case, LV Mou, the victim, forced to open the door to enter the room, and the two fought. In order to stop the ongoing illegal infringement, Lu Mou, the victim, was stabbed with a folding knife in Haiyi, which was a defensive act.

However, in view of the fact that the victim, Lu Mou, did not use a lethal weapon when he committed the illegal infringement and did not seriously endanger his personal safety, while the defendant, Yu Haiyi, used a knife to defend himself and caused his victim, Lu Mou, to die, Yu Haiyi was not only able to take such defense to effectively prevent the illegal infringement, and the damage caused to the illegal infringer was far more than just making him lose the ability to infringe or terminate his infringement The degree of behavior, whose defense behavior obviously exceeds the necessary limit, belongs to excessive defense.

The prosecution believes that Yu Haiyis act violates the provisions of Article 234, paragraph 2, Article 20, paragraph 2 of the criminal law of the peoples Republic of China. The facts of the crime are clear and the evidence is indeed sufficient. He should be investigated for criminal responsibility for the crime of intentional injury (improper defense). In accordance with the provisions of article 176 of the criminal procedure law of the peoples Republic of China, a public prosecution shall be initiated and the sentence shall be imposed according to law.

Yu Li disagreed with the Procuratorates statement, adding that Yu Haiyi still has rescue actions after knowing the other partys injury. Yu Li recalled: after the incident, my brother saw that LV Qiang was bleeding. He immediately used a white cloth to bandage the wound, and then called the emergency call. In response, Yu Li said, I hope the court can consider his brothers rescue behavior.

At the same time, lawyer Yin Qingli also analyzed that: according to the third paragraph of Article 20 of the criminal law, the applicable object of special defense is the ongoing murdering, killing, robbery, rape, kidnapping and other violent crimes seriously endangering the personal safety.

Yin Qingli believes that this case mainly involves whether it belongs to the scope of the murderer. He analyzed that: Although the victim LV did not hold a knife, he was drunk and had been explicitly rejected by Haiyi. He smashed the door into the room and other illegal hazards, which seriously endangered the personal safety of the murderer.

Fushun intermediate peoples court.

Court today

Lawyer: Yu Haiyi does not regret the defensive act

According to defense lawyers, the case will be heard by Liaoning Fushun intermediate peoples court in the court of Fushun detention center on the morning of the 15th.

As for the result of the trial, Yin Qingli told, Yu Haiyis appeal is to hope that his behavior will be recognized as justifiable defense and innocence. Yin Qingli said that even during his custody, Yu Haiyi did not regret the defensive act at that time, because in the special circumstances at that time, he could only make such a helpless choice.

When the news of the court hearing came, Yu Li, as a sister, also told my brother has been detained for a long time, and now my mother and children have lost their financial resources, so its very difficult.

Yu Li said that her brothers son will take the college entrance examination next year, hoping to be accompanied by her father. But to the final result, Yu Li said: I believe that the court will make a fair decision. (end)

Source: editor in charge of China News Network: Li Chao, nb12814