Senior sister, please stop crying. I am really not a scumbag.

Chapter 91 Detention Center
That night, many people were busy, but Yang Hao was the most idle one. However, Yang Hao did not regret it.

In the interrogation room, he confessed everything that had happened today without hiding anything, from the moment he received the call from Xia Shushu, then went to the teachers' apartment like a madman, and finally witnessed Zhang Yi committing a crime. Then, in a rage, he had a fierce fight with Zhang Yi.

The policeman asked, “Why didn’t you call the police?”

“I didn’t think much about it at the time.”

Yang Hao thought, by the time you guys arrive, the flowers will be cold.

Xia Shushu was also examined for injuries and then made a statement. His statement was similar to Yang Hao's, with no inconsistencies. The matter was clear at this point, but the details would have to wait until Zhang Yi woke up and finished making a statement.

When Brother Jiu heard about this, he was having a relaxing massage with Gao Sancheng in Zijiang Bathhouse. He was middle-aged and not as fit as he used to be. He had just taken some medicine, which had not yet taken effect and required a forty-minute wait. He was chatting with Gao Sancheng when a call came to him. Upon learning about the situation, Brother Jiu was extremely anxious and quickly made several phone calls to inquire about the situation.

One of his good friends works at the police station. He told Brother Jiu the whole story. Brother Jiu was relieved and said, "This is just a heroic act. It shouldn't be a big deal, right?"

The old policeman sighed, "That's the problem. The hospital examination just now showed that one of the victim's testicles has been necrotic and has lost its sexual function. This is considered a serious injury crime and may constitute excessive defense. But the specific details depend on the details of the fight. We are currently waiting for Zhang Yi to wake up, take Zhang Yi's statement, and then reconstruct the incident. The specific judgment will depend on the court, but you can find a lawyer first."

Ninth Brother frowned, somewhat displeased: "This is clearly a heroic act, how can there be any excessive self-defense? Besides, it was clearly Zhang Yi who broke into the house and committed the crime. If my brother hadn't arrived in time, the consequences would have been disastrous. How can this sentence be given?"

The old policeman smiled bitterly, "Then Zhang Yi is at most charged with attempted rape and intentional injury. But no matter what, we have to wait for Zhang Yi's statement to come out. Your brother is most likely acting in self-defense."

"Lao Liu, we have known each other for twenty years, right? Damn, I only have this one brother, and he's still in college. If he really gets sentenced, how am I going to explain to his parents? Besides, if he goes to jail for a few years, with that notation left on his file, won't his life be ruined? No, you must show me a way out." Ninth Brother was very angry.

He felt that he was also responsible for this matter. Everything was caused by the Forest Bar, and the Forest Bar was given to Yang Hao by him.

The old policeman on the other end of the phone pondered for a while and said, "Actually, there is a chance for this to turn around. Zhang Yi was also at fault in this matter. No matter what his statement says, he must be punished. However, if the victim can be forgiven, the punishment can be mitigated. If Zhang Yi can be convinced, this matter can be resolved. His mother is quite capable, as you know."

Brother Jiu understood.

He immediately asked Gao Sancheng to contact a professional lawyer to conduct detailed inquiries on the matter.

The lawyer was very professional and quickly grasped the key to the problem and made an objective analysis.

First of all, Zhang Yi has definitely committed a crime. This is an ironclad fact. No matter how Zhang Yi argues, the injuries on Xia Shushu's body will not lie.

Attempted rape and intentional injury are certain and must be punished.

However, in cases of attempted rape, even if the victim forgives the suspect, this does not mean that the suspect can be completely exempted from criminal responsibility.

According to Article 23 of the Criminal Law, if a person has started to commit a crime but fails to succeed due to reasons beyond the criminal's control, it is considered an attempted crime. For attempted crimes, the punishment can be mitigated or reduced in accordance with the punishment for completed crimes, which means that even though the crime has not been successful, the perpetrator has already committed an attempted crime and should bear the corresponding criminal responsibility.

At the same time, it is also divided into attempted rape and impossible rape. The capable rape means that according to the subjective and objective circumstances at the time of the crime, the criminal act could have been successful, but due to the intervention of factors beyond the will of the perpetrator, the crime was not successful. The impossible rape means that due to the subjective cognition of the perpetrator or the means or objects of the behavior, the crime does not have the objective possibility of success.

Xia Shushu definitely belongs to the former.

Zhang Yi was already thirty years old. If he had not obtained Xia Shushu's forgiveness, he would probably have been sentenced to a fixed-term imprisonment of more than three years but less than ten years. By the time he came out, his temples would have been gray and his brows would have been worn.

As for whether Yang Hao constitutes excessive self-defense, the boundary is very vague.

1. The intensity of defense is obviously greater than the intensity of unlawful infringement, but this intensity is not necessary to stop the unlawful infringement, that is, it is disproportionate or completely redundant. This should be deemed as excessive defense.

2. If the defender has time to take other less intense measures to stop the unlawful infringement, but fails to do so, causing serious casualties to the offender, it should be deemed as excessive defense.

3. Determine excessive defense based on the nature of the legal interests protected by legitimate defense. This is the most critical factor and the most important identification rule for determining excessive defense.

When dealing with criminals who commit excessive self-defense, the relevant provisions of the Criminal Law should be correctly applied, and the punishment should be mitigated or exempted as appropriate in accordance with the law.

From the perspective of trial practice, if excessive self-defense causes serious injury or death to others, constituting the crime of negligent homicide or negligent homicide, the punishment shall be mitigated according to the corresponding sentencing ranges stipulated in Articles 235 and 233 of the Criminal Code respectively; if the conditions for probation are met, probation may be used; if the circumstances of the crime are minor and no punishment is required, the punishment should be exempted.

For crimes of intentional injury or intentional homicide, the punishment shall be mitigated according to the corresponding sentencing ranges stipulated in Articles 234 and 232 of the Criminal Code; if the conditions for probation are met, probation may be applied; if the circumstances are minor and no punishment is required, the punishment shall be exempted. Even if criminal liability is required in the case of excessive defense, the defender may be mitigated or exempted from punishment according to the provisions of the law. Regardless of whether it is legitimate defense or excessive defense, it is actually against unlawful infringement. If it is not a defensive act against unlawful infringement, it may be treated as an emergency avoidance.

Brother Nine was confused and asked, "How do we deal with my brother? He is still in school, the victim is his teacher, and the other party is indeed a real criminal who tried to break into the house and commit illegal crimes."

The lawyer stroked his glasses and said seriously, "It depends on Zhang Yi's attitude. Also, I noticed that Zhang Yi and the victim seemed to be boyfriend and girlfriend, right?"

Brother Nine hesitated for a moment and nodded, "Even if they are in a boyfriend-girlfriend relationship, it is still a crime."

"Indeed, that's right, but it's very troublesome to deal with it this way..."

Then, Brother Jiu and the lawyer began to think over the details of the matter.

But no matter what, even if Zhang Yi obtained Xia Shushu's forgiveness, he cannot automatically avoid the possibility of going to jail. He still needs to be judged by the law and the final punishment will be determined based on the specific circumstances of the case as stipulated by the law.

But again, judging from the current situation, Yang Hao has committed excessive self-defense, but there is still room for maneuver, and that is to change Zhang Yi's confession. As long as Zhang Yi changes his confession, it is possible to change from excessive self-defense to legitimate self-defense.

Because the lawyer said that the Criminal Law stipulates that actions taken to stop illegal infringements in order to protect the state, public interests, one's own or other people's personal, property and other rights from ongoing illegal infringements, which cause damage to the illegal infringers, are considered legitimate defense and the infringer shall not bear criminal liability.

If the legitimate defense clearly exceeds the necessary limit and causes serious damage, he shall bear criminal responsibility, but the punishment shall be reduced or exempted.

If a person takes defensive actions against ongoing assaults, murders, robberies, rapes, kidnappings, and other violent crimes that seriously endanger personal safety, resulting in casualties or casualties, this does not constitute excessive defense and he will not be held criminally responsible.

The problem now lies in Zhang Yi's confession.

If you are not careful, legitimate defense may turn into excessive defense.

……

Yang Hao was taken to the detention center.

After entering the detention center, Yang Hao took a quick look around. There were about seven or eight people sitting on different beds and in corners. Their expressions were numb. Yang Hao felt a lot of emotion and thought to himself, how could he actually come to this place one day?

The guard closed the door.

A big man sitting on the bed with his toes hooked his finger at Yang Hao, "Boy, come here."

Yang Hao walked over silently. At this time, he realized that after the manager left, several young people knelt on the ground and nodded and recited the detention center rules and regulations, while the big man slapped a young man who didn't recite well from time to time.

"Why did you come in?" the big man asked lazily.

Yang Hao said honestly: "I kicked a man's bull to pieces."

"Damn, so cruel? Then why did you kick someone's bull? That's a bit rude." The big man said indignantly.

Yang Hao thought for a while and said, "He wanted to rape my teacher."

"Damn, that was a good kick! It's really satisfying, hahaha." The big man laughed happily, and then saw a young man slacking off, frowning inside, and raised his hand to slap him in the face, "Kneel down, little jerk."

The young man had a complicated expression on his face and quickly knelt down to continue reciting.

"Boy, come sit here."

"Okay." Yang Hao agreed and sat next to the big man.

The big man pointed at the young men kneeling on the ground and said, "These little scoundrels, here, this one is a petty thief, a thief who steals the oil from the trucks every day; this one is a molester, born worse than a bastard; and that one extorts and robs students, they are all assholes."

(End of this chapter)