He pointed to the retreating figure of Wang Yanhao in the surveillance video and said: "He is obviously not planning to conflict with the other party here, that is to say, it can be concluded that Xia Dongfang's pursuit at this time can actually be regarded as a violation of Wang Yanhao's personal rights." threat!"
"Then, he swung the chair again, and the opponent was forced to fight back in this situation. I think this is a typical self-defense."
Theoretically speaking, both the courts, procuratorates and public security organs can recognize legitimate self-defense.
But in practice, they are rarely encountered, and many of them are justifiable defense judgments made by the courts.
So under such circumstances, it is really difficult for the public security organs to directly make a decision not to file a case, because it involves various issues.
Soon, Lao Xiang came back and brought back the injury report.
More people supported filing the case.
The reason is also very simple, because in this case, Wang Yanhao suffered almost minor injuries.
But Xia Dongfang was different, it was okay to treat a serious injury as a minor injury.
It's just difficult to deal with, because from any aspect, there is nothing wrong with Wang Yanhao's behavior.
Yes, his counterattack seems to be a bit heavier, but similarly, it is also included in the guidance of the two high schools and one department, "Consider the circumstances of the case comprehensively, especially the degree of fault of the unlawful infringer, the severity of the unlawful infringement, and the defense. Panic, nervousness and other psychology of violations, to ensure appropriate and fair penalties”!
What does this mean? A defender is not a robot in the face of illegal infringement. He will panic and be nervous. At that critical moment, it is impossible to say that he should think about defending appropriately according to the degree of infringement of the opponent. This is impossible. .
The law is dead, but people are alive, and specific cases need to be analyzed in detail.
I can't kick you in the crotch with a slap, but you are already hitting me with a chair. I can't possibly have to consider the force of the chair in your hand and the direction of the wind to control the strength of my counterattack. impossible.
Because people are just people, not robots.
So it was very difficult to handle. Everyone expressed their views, and finally, after the discussion at the meeting, there was a result.
It is determined to be self-defense, and the case will not be filed!
Of course, it was already late at night after the decision was made, so it hasn't been delivered yet.
In the hospital, brother Bodhisattva's parents are taking care of him. They say that there is no need to take care of him. The injury is nothing at all, just pay attention to it.
He is very nervous now. He used to do it according to Fang Dazhuang's instructions, but after Xia Dongfang's wife came to make a fuss, he knew that the consequences of that kick were very serious.
Now in the society, there is no quarrel and no work is done, so he is very afraid. If Xia Dongfang's wife goes to make trouble, what should he do? He won't go to jail.
Fortunately, Fang Dazhuang comforted him, don't worry, even if the public security organ files a criminal case, the procuratorate and the court will have trouble with it.
This is not the past. After these years of discussion, the standard of self-defense has been discussed from top to bottom, because everyone wants to know what steps we can take in the face of illegal infringement!
The guidance of the two high schools and one school came out under such circumstances.
Fang Dazhuang has always followed the trend in doing things, and the rule of law is indeed improving. It is really hard to be sure about this when he was in school, but it is different now.
On the other side, Xia Dongfang's surgery had already ended, he was really miserable, his wife was taking care of him right now, and after the anesthesia wore off, he kept making noises of pain.
"Don't worry, Lao Xia, I've already reported the crime, that kid surnamed Wang will definitely go to jail!"
Xia Dongfang forcibly endured the pain and said, "If he begs us for forgiveness, we don't need money, as long as he accepts Xiaoyan's mediation."
I have not forgotten this matter.
Everyone else on the ward is aware of the situation by now.
After being quarreled by a woman all night, everyone will know what happened.
Now the eyes of this couple are not quite right, and everyone feels that they are playing well!
In fact, many people in life are good people. For those who take the initiative to provoke troubles, they really want to let them receive a good education.
Is it not good to live?Why do you have to pick things up, eat when you eat, drink a little wine and don't know your last name?
In such an atmosphere, Lao Xiang's figure appeared at the door of the ward.
Seeing Lao Xiang appear, Xia Dongfang's wife hurriedly stepped forward and said, "Comrade, you counted it here, why hasn't that man surnamed Wang been arrested yet?"
Old Xiang coughed and said, "Ms. Yu, I have to tell you, hey Wang Yanhao, come here too, now the matter with you has come to an end."
But Lao Xiang caught Wang Yanhao walking in the hospital corridor at a glance. This guy can already run around.
Brother Bodhisattva became nervous when he saw the police, but he still walked over.
"Okay, you are all here now, and Xia Dongfang is also listening. Let me inform you about the case that happened in the cafe. Xia Dongfang provoked trouble because of the failure of mediation, causing Wang Yanhao's arm to be slightly injured. Here You are responsible for indemnifying the other party for the relevant expenses.”
"Otherwise you will be sentenced to fifteen days of administrative detention and fined!"
Minor injuries do not meet the criminal standard.
But you have to deal with minor injuries by yourself, preferably through mediation, otherwise you will have to be imprisoned for a few days.
Xia Dongfang didn't speak, he knew the situation, and his wife continued to ask: "Comrade, what about him? He beat my husband like this, isn't this considered intentional harm?"
Xia Dongfang struck first, and he did injure the opponent, so there is really nothing to say about this.
The main thing is to see if the other party will go in.
Lao Xiang shook his head, took out the decision letter and said: "Ms. Yu, I will also inform you now that Wang Yanhao's intentional injury reported by you has been investigated by the sub-bureau and determined that his behavior meets the standard of self-defense!"
"Therefore, the sub-bureau decided not to file a case!"
Hearing this, Wang Yanhao's nervousness disappeared suddenly, and a smile appeared on his face.
Fang Dazhuang really is Fang Dazhuang, it seems that he must learn more about criminal law in the future.
What?Not to file a case?
Xia Dongfang, who was on the hospital bed, felt pain in his heart when he heard this, and his wife yelled over there: "It's not what's wrong with you, it's just self-defense, my old Xia has been injured like this justifiable defense?"
"Which law stipulates that beating people like this is justifiable self-defense!"
Seeing that the other party was very excited, Lao Xiang said: "Ms. Yu, don't get excited. Your attitude is not an attitude to solve problems. I want to explain it to you now."
"Look at the decision letter. Your husband first pushed and then slapped the other party. At this time, the other party has already started to retreat."
"Then it can be considered that at this time the other party has the intention of avoiding the fight. However, just because the other party said that he would not accept mediation, after your husband cursed at the other party to kill him, he swung his chair and threw it over!"
"In this case, the other party can consider it a threat to their own personal safety, so it is normal and necessary to take counterattacks under such circumstances!"
Lao Xiang was trying to explain, but his explanation was interrupted before he finished.
"Why is it necessary? He can kick my husband like this if he has to? He just deliberately went to useless people. Is this still self-defense?"
Xia Dongfang's wife felt that she couldn't understand, he was fine, my husband was injured like this, and then you told me that he was self-defense and didn't need to take responsibility.
And we have to compensate him for related expenses?
Is there still a king's law, is there still a law?
------off topic-----
Today's sleep aid chapter, the case is true, but in reality it is the court's judgment of self-defense, with only a little processing.
Thanks to naihe, Ivan Braginsky, JDHSUF, the crazy Shunfeng fairy, the idiot brother, Qin Shimingyue brother, splash ink painting Danqing, fat cat story brother, manic single dog, another novice brother, Dick, book friends 2022, big brother black and white gray tone, blue axis monthly reading, cut-off disciple, wife, autistic Shuo Shuo, soul in the box, thank you brothers for your rewards, thank you
1 second to remember the net:
Chapter 282 It's nothing if there are too many people in
"Ms. Yu, what I am giving you now is the branch's decision not to file a case. If you are not satisfied with this decision, you can file an administrative reconsideration with the higher-level public security department or the people's government at the same level, or file an administrative lawsuit with the people's court. This is your responsibility." legal rights!"
"But now, please don't continue to communicate with me with emotions!"
Lao Xiang's tone is very strict, you can ask questions if you have one, but please follow the legal procedures instead of making a scene here, saying that the law is unfair or something like that.
After finishing speaking, he looked at Xia Dongfang's wife. The other party wanted to say something more. Lao Xiang looked directly at Brother Bodhisattva: "Wang Yanhao, you can mediate now, and you can ask the other party to compensate you for your medical expenses and other losses."
"If the mediation fails, we will detain Xia Dongfang!"
That's what the law stipulates, one size equals one size, if someone beats you like this, that's called self-defense, if you beat him alive, that's called intentional injury!
Although a minor injury is not considered a crime in the sense of the criminal law, and the public security organs and procuratorate will not prosecute it, but it does not mean that if you hit it, it will be for nothing.
Hearing this, Brother Bodhisattva looked at Xia Dongfang's wife and said, "Look, this police officer has already said everything, so how do you plan to pay for it? I don't only pay for medical expenses, but also for lost work, hospital meals, etc. Fees, transportation expenses, necessary nutrition expenses, all of these have to be compensated."
Of course, he didn't come up with this on his own. Da Zang is an expert in this area, an expert in the true sense.
Lao Xiang was noncommittal, and the mediation was their own business, and the public security organs would not intervene.
Of course, if the requested fee is obviously unreasonable, you will also intervene and mediate, but it does not mean that you can open your mouth.
However, Xia Dongfang's wife hadn't spoken yet. Xia Dongfang, who was lying on the hospital bed, had endured the pain and started to shout: "Losing money? I told you that I won't be paid a cent. I'm going to be detained and fined, right?" Whatever you want!"
He felt really wronged, obviously he had suffered such a serious injury, and now his hospitalization fee has not yet been paid, and he still has to pay the other party's money!
What kind of reason is this.
He would rather be detained than pay compensation, he just needs to live in a detention center for a few days, and he has never been there before.
When Brother Bodhisattva heard this, he hurriedly said, "Hey, Officer Xiang, you also saw that he is unwilling to mediate."
"Okay, I know, the specific administrative punishment will come out soon."
If you don't accept mediation, and your attitude is still so bad, then what should you do?
It's just that the other party is injured now, so wait and wait until the injury is almost gone before executing it.
Old Xiang turned around and left, Brother Bodhisattva also left the ward. He can actually be discharged from the hospital now, but he has been living here because he wants the other party to pay.
But since you don't give it, forget it, go through the discharge directly, then call Zhou Yi, and soon go to the hotel, and see Fang Dazhuang.
"Fang Dazhuang, thank you so much. If it weren't for what you said before, I would have really fallen this time." Brother Bodhisattva looked at Fang Dazhuang and thanked him very much.
With his temper, if he doesn't know these things, the opponent strikes and he fights back. If there is no minor injury, it will be a fight.
Facts have proved that every martial arts practitioner must first learn criminal law!
Every criminal defense lawyer is actually a potential martial arts master.
Fang Dazhang waved his hands and said, "Why are you in a hurry, now you just leave it at that?"
As soon as these words came out, Brother Bodhisattva was immediately startled, even though he had already heard a lot of "very torture" stories, he was a little speechless at the moment.
Forget what it means, the other party was taken to the hospital by me, and he was detained and fined after it was over, and if he sued, he would have to pay for the medical expenses and so on.
Why is it just like that now?
How big is your standard?
"Mr. Fang, this... I, don't forget it now... Is there any other way?"
Fang Dazang looked at it, and said quietly: "A minor injury is an injury. If the mediation fails, then the detention is over. For minor injury cases where the public security organs and the procuratorate do not file a public prosecution, if the mediation fails, a private criminal prosecution can be filed!"
"Of course, the premise is that we can prepare all the evidence!"
At this moment, even if Zhou Yi and Fang Dazhuang were half-confidants, they were a little shocked. No wonder those people in Shanghai before saw Fang Dazhuang respect him so much.
This is a master who can maximize the role of law!
In fact, in this case, if the other party feels unconvinced, they can also file a criminal private prosecution. Of course, in Fang Dazhuang's words, they can file the case and count him as a loser.
It is not contradictory to file a criminal private prosecution, attach a civil lawsuit, send people to jail and make the other party lose money, and it can kill two birds with one stone.
Either don't do it, or do it absolutely!
This is Fang Dazhuang, which is Zhou Yi's consistent cognition. You must be educated so that you will never dare to do such behavior again.
Xia Dongfang had been detained many times before, but judging from his current appearance, it was obvious that he had not received any education. Instead, he had gotten used to it because of too many detentions.
So for this kind of person, you have to give him a hard time!
"Okay, Teacher Fang, I will listen to you!"
Now that things have come to an end, there are so many criminal private prosecutions filed in cyberbullying alone, and there are not many more.
The daughter's defamation crime went in, and the father came to mediate, but she was injured, and she went in too. The family, although they said they should be tidy, but you have to leave one of them outside to pay for it.
That's all in, who will pay the civil compensation, and count on other relatives?
So on the next morning, brother Bodhisattva came to the People's Court of Jingnan City with his arms hanging.
Director Bu is a little scared when he sees him now, but reception is a must.
After reading the private prosecution, I didn't say anything, it was another criminal private prosecution.
"Are they so keen on criminal private prosecution? Are they so keen on using the criminal law?" Director Bu was also there speechless.
It feels that those civil lawsuits are incidental, and the core is these criminal cases.
Surveillance video, testimony of witnesses, self-defense determination made by the public security organ, injury appraisal report, and proof of the other party’s refusal to mediate are all evidence.
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