Introduction of the case

 

Li Mou and friends Wang Mou, cattle, Zhang Mou drunk driving Wang Mou black car to a KTV club entertainment. At 24:00 that night, Li Mou, Wang Mou left with Yang Mou, Zhao Mou because of trivialities at the entrance of a KTV club in a fight. After Zhao mou called Liu mou, Liu mou and bring Su mou, Zhou mou and Wei mou, four people drove to a KTV club to help Zhao mou and Yang mou beat Li mou and Wang mou. Subsequently, Wang Mou from its sedan took out a folding knife ready to fight, was accompanied by the cattle will snatch the knife thrown on the ground. Li was knocked to the ground after grabbing a folding knife from the ground, stabbing Zhao and Zhou, Zhao bleeding, Zhou fell to the ground, the two sides will stop fighting. Li stabbed Zhao six times, Zhou two times. After the incident, Li got into a vehicle driven by Wang and fled the scene. Zhao Mou, Zhou Mou was sent to the hospital and died after rescue. After forensic autopsy, Zhao Mou is a single-edged sharp instrument stabbed body parts to bilateral lung rupture death of hemorrhagic shock, Zhou Mou is a single-edged sharp instrument stabbed the inferior vena cava, the end of the large blood loss death.

After the incident, Li surrendered to the Public Security Bureau, and took the initiative to a police station to accept the interrogation, during the interrogation, he truthfully explained his behavior.

 

Circumstances of the first-instance judgement

 

The facts found by the court of first instance are basically the same as the above case description, and in response to the above facts, the court of first instance held that the defendant, Li Mou, stabbed Zhao Mou several times with a knife and Zhou Mou twice, resulting in the deaths of the two, and that his subjective intent to deprive others of their lives was obvious, and conformed to the constituent elements of the crime of intentional homicide. Its implementation of murder in the mutual assault, does not meet the elements of self-defense, does not have defensive circumstances. As for the initiative to the police station to accept the investigation and interrogation, although Li Mou has the initiative to the case, but after returning to the case, confession repeatedly, avoiding the light, and in the court before the end of the trial did not truthfully confess all the facts of the crime, does not constitute the self-surrender. In view of the cruelty of Li's criminal means, the consequences are particularly serious, the social harm is very great, so Li can not be mitigated punishment. Based on this, the court of first instance finally found Li guilty of intentional homicide, sentenced to death, deprived of political rights for life.

 

Points of contention in the second trial

 

Zhang Xiaofeng in the second trial stage of this case to intervene in the case, accept the commission when, suddenly feel the pressure is significant, this is the defense of a human life, and the first trial found that Li killed two people, the nature and impact of the case is very great. In this case, how to find a favorable defense point of view, so as to persuade the judge, become the top priority of the defense work.

How to defend strongly, we have to focus on analyzing the evidence of the case, analyze every detail of the case, and on the basis of the accurate use of the law to analyze, this is our common approach, for this case is no exception. Therefore, Zhang Xiaofeng lawyer in the face of such an unfavorable verdict, spent a lot of time to analyze all the evidence materials of the case, and carefully check the trial transcript of the first trial. Zhang Xiaofeng lawyer found that there are two key issues in this case: one is the justifiable self-defense circumstance is established; the second is the problem of whether the surrender is established. If one of the two is established, then Li's sentence may change, and this is also the focus of the trial dispute.

 

Focus 1: The question of whether Li has defensive circumstances

 

The court of first instance that, li mou and others in the mutual assault in the implementation of the act of murder, does not conform to the elements of self-defense, does not have the circumstances of self-defense. In this regard, zhang xiaofeng lawyer put forward li mou's behavior has defensive circumstances, and even can be found that li mou's behavior meets the elements of self-defense. The cause of this case is not mutual assault, but the other party armed assault. Li mou stabbed with a knife at the time of his own personal injury, was beaten with an iron bar, stick, and Li mou's behavior is aimed at the person who beat him.

 

As to whether the case exceeds the limit of self-defense, Zhang Xiaofeng that, in this case, Li's behavior did cause the result of two deaths, then for this result is beyond the limit of self-defense? For how to judge this question, we still have to be specific to the details of the case to analyze. First of all, the other side of a large number of people, but Li Mou only one person, there are witness testimony and the defendant's statement to be confirmed; Secondly, the other side of the circumstances of armed assault; Again, Li Mou in the beginning of the beatings did not hold any tools, and the knife is not Li Mou carry, rather than in the case of being knocked down to the ground, panicked from the ground to pick up. Finally, although the knife was brought to the scene of the crime by Li's companion Wang Mou, but not Li asked Wang Mou to bring to the scene, and Wang Mou brought to the scene, and did not give it to Li Mou, Li Mou did not ask Wang Mou for the knife. In view of the above circumstances, Zhang Xiaofeng lawyer suggested that the case is Li was beaten by a number of armed assault and beaten on the ground, panic when picking up a knife from the ground, so as to carry on the panic wave, resulting in the death of two people. In this case, the face of a number of people armed with iron bars and other beatings, their own safety is greatly threatened, even if the knife for self-defense, Li did not exceed the necessary limits, which is also in line with the provisions of the criminal law. China's criminal law clearly stipulates, is carrying out murder, murder, robbery, rape, kidnapping and other serious threat to personal safety of violent crime, and take defensive behavior, causing death or injury to the unlawful aggressor, does not belong to the defense, still belongs to the self-defense, not criminally liable. Therefore, in this case, Li's behavior did not exceed the necessary limits of self-defense.

 

For the above analysis, Zhang Xiaofeng finally proposed that Li's behavior meets the elements of self-defense. Back a thousand steps, even if Li's behavior beyond the necessary limit, should be found to have the circumstances of self-defense.

 

Focus 2: Whether Li's behavior meets the constituent elements of self-surrender

 

The court of first instance found that, although Li Mou has the circumstances of the initiative to the case, but after the return to the case, confession repeatedly, avoiding the light, and before the end of the trial did not truthfully confess all the facts of the crime, does not constitute a self-surrender. In this regard, zhang xiaofeng lawyers think that the court of first instance of the reason for the decision is still need to be questioned.

First of all, according to the supreme people's court "on the treatment of self-surrender and meritorious concrete application of law on a number of issues of the interpretation", truthful confession of their own crimes, refers to the suspect automatically surrendered to the police, truthful account of their own main criminal facts. Accordingly, the law provides for a truthful account of the main facts of the crime, not all the facts of the crime. Therefore, the court of first instance denied Li's self-surrender by failing to confess all the facts of the crime, which lacked legal basis.

 

Secondly, Li Mou has the circumstance of truthfully confessing the main facts of the crime. According to the evidence in this case, whether it is before the confession, or after the confession, Li Mou for his own possession of objects to injure the circumstances have been confessed. As for the question of whether or not to recognize the knife, it is not important, moreover, in the case of Li Mou was beaten by a number of people with weapons, to require him to have a clear perception of their own behavior, is also unrealistic and does not accord with common sense. But, in any case, it is not any denial of the circumstances of his injury, can be found that Li was able to truthfully confess the main facts of his crime.

 

Again, as for the confession before and after the phenomenon of repetition should be reasonable. Due to the suddenness of the case, the requirement of its accurate expression of all the circumstances, is also obviously demanding, therefore, li mou can't tell how to stab as well as stabbed the specific parts or stabbed how many knives, this is common sense, if its ability to clearly remember, instead of confession is worthy of our high degree of skepticism.

 

Finally, Li in the first instance trial, although arguing that his behavior does not constitute the crime of intentional homicide, but does not affect the determination of his surrender. According to the supreme people's court on the nature of the defendant on the nature of the behavior of the defendant on the question of whether to influence the establishment of the self-surrender approved reply, the defendant on the nature of the behavior of the defendant on the nature of the defendant on the defense does not affect the establishment of the self-surrender.

 

Final Judgment

 

The intense trial ended, and in the course of the court hearing, the judge of the second instance had asked Li and his family whether they were able to compensate the victim, but considering Li's family situation, he was no longer able to pay any compensation to the victim in this case, so the ultimate hope would depend on whether our viewpoint could be recognized by the court.

 

After a long wait, we welcomed the final judgment of the court of second instance. The court of second instance held that Li stabbed Zhao and Zhou with a knife, killing them. Li was surrounded by a number of people, in order to protect their personal rights from the ongoing unlawful invasion, stabbing Zhao, Zhou, is to stop the unlawful invasion of behavior, its behavior has the nature of self-defense, but its behavior caused the two deaths of the serious consequences of the obvious more than necessary to cause significant damage, is an over-defense. Li left the scene and took the initiative to the police station to accept the investigation and questioning, confessed to the conflict with others, stabbing others with a knife crime, should be considered as surrender. In view of this, Li was sentenced to death, which may be carried out immediately.

 

Concluding Remarks

 

 

The case warning: this case, but because of triviality, but ultimately but led to the two direct death of the results, the person involved in the case of Li was sentenced to death, suspended for two years. The rest of the people involved were sentenced for the crime of mobbing and fighting. This case with its bloody price prompted us to meet things to be calm, not impulsive, between people to be more tolerant.