Lawyer

"He first stabbed me with a broken wine bottle, hurting my neck and face. I dodged and took the opportunity to hug his waist and swung it. As a result, the ground was so slippery that we both fell down. Later he The broken wine bottle in his hand pierced his thigh, and he was sent to the hospital and he died." Gu Changfu said.

"Presiding judge, the public prosecutor has finished questioning." The female prosecutor was thinking about how to adjust the sentencing period, because Gu Changfu turned over in court.

……

"Does the defendant's defender need to question the defendant?" asked the presiding judge.

"I need to ask a question." After Fang Yi finished speaking, he looked at the defendant and said, "Defendant Gu Changfu, do you know the victim?"

"I don't know, I've never seen him before." Gu Changfu said.

"Where did you first have a conflict?" Fang Yi asked.

"In the bathroom." Gu Changfu replied.

"Have you done anything?" Fang Yi continued to ask.

"He punched me, but I didn't fight back. When he tried to hit me again, he was pulled away." Gu Changfu said.

"What happened after that?" Fang Yi asked.

"I went back and continued to drink and chat with my classmates. When we were almost finished eating, Li Tao brought two people to find him. He insisted that I urinated on his shoes and asked me for 1 yuan in compensation. I didn't pay it, but he took it. With a broken wine bottle, he stabbed me in the neck and yelled that he would bleed me.

After I dodged, I hugged him from behind, and then we fell down, and he was stabbed by the broken wine bottle I was holding and couldn't be rescued. "Gu Changfu said very clearly.

"That is to say, you didn't fight in the bathroom, and then you went back to the lobby for dinner, and the other party came to ask you for money, so did you fight?" Fang Yi looked at the defendant and confirmed.

"Yes." Gu Changfu said.

"Presiding judge, the defender has finished questioning." Fang Yi looked at the presiding judge.

……

"The facts of this case have been investigated clearly, the court investigation is over, and the court debate is now beginning. The court debate mainly revolves around the disputed facts that have not been certified by the court and how to apply the law based on the facts.

It is now up to the public prosecutor to speak. " said the presiding judge.

"Presiding judge, judge: ... This court believes that the behavior of the defendant Gu Changfu is intentional injury to others in the mutual assault, which has constituted the crime of intentional injury. Since both parties are at fault, we recommend that he be sentenced to eight years in prison. It's over." The female inspector said.

……

The defendant's self-defense was basically the same as before.

"Defendant's defender made his defense opinion," said the presiding judge.

"The presiding judge and the judge: the defender believes that after the defendant Gu Changfu and the victim were dissuaded from fighting each other in the bathroom, the victim found the defendant again and made a surprise attack on him. Justifiable defense, the defendant should not bear any legal responsibility in this case. The reasons are as follows:
[-]. Justifiable defense is an important weapon for citizens to fight against illegal and criminal acts

According to Article No. 20 of the "Criminal Law", in order to protect the state, the public interest, the person, property and other rights of the person or others from the ongoing illegal infringement, the act of stopping the illegal infringement will cause damage to the illegal infringer. It belongs to self-defense and does not bear criminal responsibility.

Taking defensive actions against ongoing assaults, homicides, robberies, rapes, kidnappings, and other violent crimes that seriously endanger personal safety and cause unlawful infringements on human casualties is not considered excessive defense and shall not be held criminally responsible.

It can be seen from this that justifiable defense must meet the following conditions:
First, there must actually be an unlawful infringement.This is the prerequisite for the establishment of legitimate defense.

Second, justifiable defense is aimed at the ongoing illegal infringement.Even if the unlawful infringement has not yet started or has ended, no justifiable defense can be carried out, that is, neither pre-defense nor post-event defense is justifiable defense.

Thirdly, the act of self-defense must be carried out against the illegal offender himself.Justifiable defense cannot be carried out against persons other than the unlawful infringer.

Finally, the actor of justifiable defense must have the intention of defense.Defensive intention refers to the mental state of the actor who is determined to stop illegal infringement in order to protect the country, public interests, personal or other rights of himself or others from infringement.

It can be seen from the above that justifiable defense not only does not constitute a crime, but is also an important legal weapon given by the law to citizens to fight against illegal and criminal acts, and it is a legitimate act protected by law.

[-]. The Transformation of Mutual Assault and Justified Defense

Mutual assault refers to the act of mutual infringement that both parties have the intention of infringing on the other party, and then carry out mutual infringement.Therefore, the behavior of both parties in the mutual assault is an illegal infringement and does not constitute a legitimate defense.

But in judicial practice, mutual assault and self-defense can be transformed into each other.

When the two parties in the fight stop and one party injures the other party again, the nature of the injuring party's behavior will change.The above situations can generally be divided into two situations:

First, after the two parties stop fighting, one party suddenly attacks the other party again under the instigation of others or for the purpose of revenge;

Second, one party voluntarily gives up the fight or voluntarily withdraws from the fight scene, while the other party continues to chase and beat the other party.

No matter which of the above situations occurs, the reality will change from fighting each other to one party chasing the other party.The beaten party has also changed from the infringing party to the infringed party.

According to the provisions of the "Criminal Law" on justifiable defense, the act of stopping the illegal infringement by the infringed party in order to protect its own legitimate rights and interests from infringement belongs to justifiable self-defense.

Therefore, after the fight is over, if one party suddenly attacks or continues to chase the other party, the other party has the right to self-defense.

At this time, the act of stopping the illegal infringement carried out by the victim for the purpose of defense according to law has the nature of justifiable defense according to law.

(Note: One party in the fight voluntarily abandons the fight or voluntarily withdraws from the scene of the fight, which should be thorough. During the fight, changes in the fights between the two parties such as ebb and flow, changes in strength and weakness, etc. do not constitute complete abandonment of the fight, or withdrawal from the scene)
[-]. In this case, the behavior of the defendants does not constitute mutual assault, but constitutes justifiable self-defense.

According to the evidence on file provided by the public prosecutor, the case is divided into two phases.

The first stage is the dispute stage.The victim, Li Tao, and the defendant, Gu Changfu, had an argument in the bathroom over urine spilled on the shoes.At this time, the two parties had physical contact, and were pulled away, and the dispute between the two parties ended.

The second stage is the stage after the dispute.After the victim and the defendant finished the dispute in the bathroom, they went back to drink and chat.

Shortly thereafter, the victim, Li Tao, came to the defendant, Gu Changfu, and demanded 1 yuan in compensation, which was in the nature of extortion, and its real purpose was to retaliate against the defendant. "Fang Yi paused at this point.