The murderer who stabbed his mother with a knife prosecution: self defense

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 The murderer who stabbed his mother with a knife prosecution: self defense


Liu Hua works in the local mixing plant and often pulls up the muck and dumps it into the farmland. For a long time, they fell into the land of Zhang Ming and his wife, which caused a lot of disputes between them. On the night of July 2016, Zhang and his wife caused a homicide in order to prevent Liu Hua from dumping muck again.

At about 7:00 p.m. on July 16, 2016, Zhang Ping watched TV at home after supper. The leader of group 4 of the village called Wang Xia, Zhang Pings wife, and said that Li Guiying, Zhang Pings mother, was at the gate of the mixing plant, blocking Liu hualas mud truck.

At that time, Liu Hua told the team leader, we need to kill several people. when the team leader saw that he was afraid of an accident, he called Wang Xia and asked Zhang Ping to go to the scene to see the situation.

After receiving the phone call, Zhang Ping and his wife, Wang Xia, rode a motorcycle and rushed to the gate of the mixing plant. Zhang Ping found his parents were there. Because of the dispute, there were many onlookers at the scene.

When I heard Liu Hua ask my parents what they are going to do, my parents began to theorize with Liu Hua, and I went to theorize with him. Both sides hurled abuse and pushed. Some villagers advised Liu Hua, and Zhang Ming, Zhang Pings father, also came up to pull them apart.

After they pulled apart the two, Liu Hua walked to the side of the fast lane to drive his black SUV. Liu Hua went to the car and said, I want to kill you several. Hearing this, Zhang Ping hurriedly ran to a place about ten meters away from his parents in case of accident. Who knows, Liu Hua turned back from the fast track, drove up to the sidewalk, and directly hit Zhang Pings parents.

At that time, Zhang Ming stood in front of Li Guiying. The crazy SUV first hit Zhang Ming and then Li Guiying. At that time, the two old people were knocked down on the ground.

Zhang Ming was helped up by the villagers. His feet were injured and he was bleeding all the time. Wang Xia is going to help Li Guiying, but she is found to be seriously injured and in a coma.

I saw my parents being hit and stabbed at the murderer

Zhang Ping rushes to the cab of Liu Huas car and pulls him out of the car with his hands, but he cant pull it. Zhang Ping grabs Liu Huas left hand with his hands. First, I took a bite of Liu Huas left arm with my mouth, and he backed up to run. I was afraid that he would run. Then I took out the pencil sharpening knife that I took with me as a carpenter, and cut his left arm. He stabbed two more knives into his back, about three centimeters deep. In this process, Liu Hua starts the car to back up, Zhang Ping cant catch him, and Liu Hua drives away.

About 4 or 5 minutes later, Liu Hua drove back to have a look and ran again. When he left, he threatened to kill Zhang Pings two children. Later, Zhang Ping called the police, and after the police arrived, they quickly controlled the scene and arrested Liu Hua.

According to Zhang Ping, he was a carpenter, so he would carry a pencil sharpener with him. After Liu Hua escaped, he was left at the scene. The reason why I stabbed Liu Hua with a knife was that I was angry after he knocked down my parents. He was driving to escape. When asked by the police, he said, I didnt think of any other way, just how to catch him.

On September 12, 2018, Sichuan Higher Peoples court rejected the appeal, upheld the original judgment and submitted it to the Supreme Peoples court for review according to law. Upon review, the Supreme Peoples court approved the first instance judgment of Yibin intermediate peoples court and the second instance judgment of Sichuan Higher Peoples court. On December 4, 2019, Liu Hua was executed.

In the case:

Drivers family members refuse to accept multiple requests for filing

Liu Huas family believed that Zhang Ping was suspected of intentionally injuring people and applied to Xingwen County Public Security Bureau for filing.

Xingwen County Public Security Bureau made a decision not to file a case on April 17, 2018 after examination. Liu Huas family members refused to accept the decision and applied for reconsideration to Xingwen County Public Security Bureau on April 23, 2018. Xingwen County Public Security Bureau made a decision on May 2, 2018 not to file a case. After that, Liu Hua applied to the Public Security Bureau of Yibin City to review the decision of Xingwen County Public Security Bureau not to file a case. The Public Security Bureau of Yibin City made a review decision on May 4, 2018, revoking the criminal reconsideration decision of Xingwen County Public Security Bureau not to file a case.

After acceptance, the prosecution returned two times to the public security organs for supplementary investigation.

No prosecution:

Reversing behavior belongs to the intention to prevent injury, which is self-defense

After supplementary investigation, Xingwen County procuratorate determined that Zhang Ping stabbed Liu Hua on the same day because Liu Hua committed intentional homicide, under the condition of mastering the killing tools, it is still very likely to commit another murder.. Zhang Pings act should be regarded as self-defense and does not constitute a crime. Yao Qian, the prosecutor in charge of the case.

On February 12, 2019, Xingwen County Procuratorate made a legal non prosecution to Zhang Ping. Liu Hua still refuses to accept the decision of not suing and appeals to the peoples Procuratorate of Yibin City in May 2019.

(function(){( window.slotbydup=window .slotbydup||[]).push({id:u5811557,container:ssp_ 5811557, async:true }According to he Jihong, prosecutor of Yibin peoples Procuratorate, first, Zhang Ping drove into Zhang Ming and Li Guiyings wife in Liu Hua, Liu Hua was stabbed by his parents when they were stopped at an urgent time when they were seriously violated or threatened, which was aimed at Zhang Pings ongoing illegal infringement; the second was aimed at Liu Huas illegal infringer; the third was to stop the illegal infringement in order to protect the national, public interests, personal, property and other rights of himself or others from the ongoing illegal infringement, It is self-defense if it meets the conditions of self-defense. Although Zhang Pings act caused Liu Hua slight injury, Liu Huas driving into Zhang Ming and Li Guiyings wife and backing up belong to the process of intentional homicide. According to the provision of the third paragraph of Article 20 of the criminal law of the peoples Republic of China, the Defense Act is taken for the crimes of committing murder, killing, robbery, rape, kidnapping and other violent crimes that seriously endanger personal safety Those who cause casualties to the illegal infringer shall not be deemed as over defense and shall not bear criminal responsibility. After reexamination, the peoples Procuratorate of Yibin City confirmed that the decision of no prosecution of the peoples Procuratorate of Xingwen County was correct, and the decision of no prosecution of the peoples Procuratorate of Xingwen County was maintained on July 26, 2019.

According to he Jihong, prosecutor of Yibin peoples Procuratorate, first, Zhang Ping drove into Zhang Ming and Li Guiyings wife in Liu Hua, Liu Hua was stabbed by his parents when they were stopped at an urgent time when they were seriously violated or threatened, which was aimed at Zhang Pings ongoing illegal infringement; the second was aimed at Liu Huas illegal infringer; the third was to stop the illegal infringement in order to protect the national, public interests, personal, property and other rights of himself or others from the ongoing illegal infringement, It is self-defense if it meets the conditions of self-defense.

Although Zhang Pings act resulted in Liu Huas slight injury, Liu Huas driving into Zhang Mings and Li Guiyings wife and backing up belong to the process of intentional homicide. According to the provision of the third paragraph of Article 20 of the criminal law of the peoples Republic of China, the Defense Act is taken for the crimes of committing murder, killing, robbery, rape, kidnapping and other violent crimes seriously endangering personal safety Those who cause casualties to the illegal infringer shall not be deemed as over defense and shall not bear criminal responsibility.

After reexamination, the peoples Procuratorate of Yibin City confirmed that the decision of no prosecution of the peoples Procuratorate of Xingwen County was correct, and the decision of no prosecution of the peoples Procuratorate of Xingwen County was maintained on July 26, 2019.