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Man wins knife attack kills burglary jailed insist
PostPosted: Sat 12:07, 17 Aug 2013
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's Court upheld the trial a case (this newspaper has reported). For Chang-Diaz is a crime, prosecutors and defense lawyers conducted several rounds of confrontation. Wang Jun's lawyers believe the attack behavior has led Franklin Chang-Diaz won the unlimited defense of the premise. Prosecutor then asked Chang-Diaz won the knife has been out after a serious risk, are defensive, but also volunteered there voluntarily surrendered themselves Chang-Diaz, asking them commuted City High School. In this regard, the families believe that this is the prosecution case for Chang-Diaz made a compromise, they believe the prosecution's behavior precisely Chang-Diaz case there is an error. Yesterday, the case did not in court for sentencing. (Text characters as a pseudonym) □ case playback 2010 New Year's Eve, Franklin Chang-Diaz had accompanied his pregnant wife, Wu Qing in-laws home to celebrate New Year's Eve, Wu Qing Wang Jun's ex-husband after getting drunk, uninvited. Wang Jun, a knife broke into the bedroom, Franklin Chang-Diaz and his wife both injured. Wang Jun pressure in the body being beaten backward Jun Wang Chang-Diaz won the knife pierced Mito. Subsequently, Wang Jun Chang-Diaz felt his strength to fight smaller, so they broke from Wang Jun. At this point, see Wang Jun Chang-Diaz's body with blood, we rush to rescue, and let the wife quickly call 120 emergency calls, but all failed to save Wang Jun's life. Thereafter, the Court of First Instance of intentional assault and sentenced him to imprisonment exist defended episode 5 years. For this result,[link widoczny dla zalogowanych], Zhang Fulin consider themselves self-defense should not be guilty, appealed. Courtroom sin round clash with Naruto: both "lot" defense lawyer verdict: no principle for the sake of balancing the money column Yang Chang-Diaz's lawyer suggested that the case should be raised to unlimited defense perspective. The so-called unlimited defense, that the existing Criminal Code 20, paragraph 3: "The ongoing assault, murder, robbery, rape, kidnapping and other serious violent crimes endangering personal safety, to take defensive actions, resulting in criminal violation of casualties, does not belong defensive, not criminally responsible. "Yang said the money out, the case, the two locations in Franklin Chang-Diaz fighting occurred at home, the source is Wang Jun own weapon, everything clearly shows that this was a night refering drunken assailant's behavior. Qian Lie Yang said: "Such a legislation is itself a state oath to the community: When unlawful infringement occurs, the injured party can be completely without regard to self-defense or defensive, we should strive to protect their personal safety or others personal safety, however, although unlimited defense laws and regulations, as early as 10 years ago by the provisions of the Criminal Procedure Law modifications appear,[link widoczny dla zalogowanych], but the judiciary rarely apply this provision, and even some judicial officers do not know the unlimited defense this provision, "Then the face of this one case, the court can apply it bravely, but Zhang Fulin a fair judgment "Another lawyer Liu Yingjie that the Court of First Instance to safeguard the victim's tendency to see someone killed one, regardless of Franklin Chang-Diaz is not to stop the unlawful infringement, it is identified as defended." In order to better explain to the bereaved families, the families in order to prevent trouble, seek The so-called social stability, there is no principle to the reprimand, at the expense of the interests of one way to achieve balance, we think that this is a legal incompetence. "Prosecutor: constitute a surrender heavy punishment this second trial, the prosecution is City Procuratorate prosecutor first said that the trial verdict facts are clear, the evidence is conclusive enough to identify. prosecution pointed out that Chang-Diaz is justifiable defense, but in the defense of the process, Wang Jun led to death, significantly more than the necessity defense, resulting in a significant harm, should be recognized as defended. Prosecutors also pointed out that the Court of First Instance,[link widoczny dla zalogowanych], "Chang-Diaz after committing the crime voluntarily surrender to the public security organs of the lack of evidence, not to recognize the" opinion is wrong. prosecution that can be identified in Chang-Diaz After the incident, voluntarily surrender,[link widoczny dla zalogowanych], and truthfully confessed voluntarily surrendered themselves legally constituted. Prosecutors said the case evidence, Franklin Chang-Diaz's relatives after the incident initiative to call the 110 emergency call, and Franklin Chang-Diaz has not left the scene, the public security organs in the investigation truthfully confessed After the facts The case made for himself in the Chang-Diaz pleaded not guilty though, did not affect the nature of its surrender to deal with its mitigated punishment. Prosecutors concluded that the trial verdict sentenced to five years in prison sentencing Chang-Diaz too heavy, given that Franklin Chang-Diaz deliberately harm behavior is defensive, but also surrendered its mitigated punishment according to the law should be, "I recommend hospital according to the law of the case the court of second instance commuted." two heated debate: whether it constitutes unlimited defense Prosecutor: Knife wins after losing the premise of unlimited defense Chang-Diaz prosecutor will act divided into three stages, the first stage is Franklin Chang-Diaz said in the face of Wang Jun's knife infringed upon and make the behavior of revolt and won the knife, really belongs to self-defense; But the second phase, Franklin Chang-Diaz wins knives, so that the scene has changed the situation, Wang Jun at this time although there are violations continue to Chang-Diaz, but will not bring more to the Chang-Diaz significant harm, so resist knife stabbed Zhang Fulin extent, already greatly exceeds the limits of necessity defense in the third stage, Franklin Chang-Diaz found Wang Jun was injured, and the family has implemented a series of rescue actions, reflecting Wang Jun Chang-Diaz does not want to cause more damage, but also from other an angle confirms Chang-Diaz in the second stage, twice in the chest with a knife stabbed Wang Jun's behavior, exceeding the limits of necessity. "Conversely, if Franklin Chang-Diaz won the knife after Wang Jun to take a more aggressive behavior, then Chang-Diaz defensive actions taken can not be overstated, "the prosecutor said, so no matter from an injury in the process, the number of parts as well as knives and injury results, Franklin Chang-Diaz are more than necessary limits, does not belong to unlimited defense. Moreover, the prosecution also presented the king Jun is not trespassing, but to visit the children at home, kids fireworks, but after entering the room, Wu Qing's parents also took out a transcript to give Wang Jun to see, and did not deny or to get rid of Wang Jun Wang Jun mean. lawyer: Defense Security money is not a one column Yang made on the understanding of self-defense can not be limited to the protection of the moment, but should be understood as fundamental to protect yourself and your family safe. Qian Lie Yang said the prosecutor mentioned in several stages, the first stage is actually a resistance stage, the second stage is the stage of wins knife fight, but in fact this is precisely a process of self-defense. "Whether or infinite self-defense defense are the first to resist the face of unlawful infringement, and then, in turn harm criminal violation, the two add up to the meaning of self-defense is unlimited defense. "Qian Yang pointed out,[link widoczny dla zalogowanych], only one case goes beyond self-defense,[link widoczny dla zalogowanych], that is, after the defense and if knife after being grabbed Zhang Fulin, Wang Jun immediately getaway, while Chang-Diaz with a knife to kill, so that is beyond the limits of defense, but the whole process of the case, there is no indication that Wang Jun had stopped the Chang-Diaz injury. Yingjie lawyers added that Wang Jun's attack is very obvious, "since it is the attack on compliance with the conditions of unlimited defense, in line with this premise, resulting in serious injury or death Wang Jun, should not be responsible." Liu Yingjie said At that time Zhang Fulin three were injured,[link widoczny dla zalogowanych], one injured Wu Qing, Zhang Fulin knife away from him after Wang Jun is still pinched his neck, and always pressure on him, so the attack persists, danger still continues, not controlled for Whether illegal intrusion of view, lawyers said Wang Jun came to Chang-Diaz's home, no one invited him, Wu Qing's parents also get a transcript courtesy to look for Wang Jun, but politeness does not mean the invitation. Moreover, when Wu Green has shut the door, and pushed open the door they entered Wang Jun, certainly falls into the plot. three submissions: the judge would express new ideas Prosecutor: Results unequal sides hurt prosecutor said that the judiciary in dealing with each case process, punish the defendant is not the ultimate goal of justice by adjudicating cases have on the parties to reach a fair result, which is the judicial process has been in the pursuit. case occurred beyond everyone's expectations, the available evidence can not prove that Wang Jun's behavior was intentional lethal Zhang Fulin, Wang Jun harmful levels of behavior, nor is it unlimited defense in criminal law on the required serious threat to personal safety. Indeed, Franklin Chang-Diaz and his wife, Wu Qing, two injured Love is Sometimes no. Sometimes no results and the results are not on the death of Wang Jun, etc., so Zhang Fulin than necessary limit of defense. defense lawyers: If you do not stop the deceased will be noted lawyer Liu Yingjie Zhang Fulin, Franklin Chang-Diaz is hanging by a thread Emergency commotion, before the Wang Jun stabbed to death and if so was the victim of Chang-Diaz accurately grasp the intensity and location of the actual is a difficult one. Wang Jun is the defense who arrive late at night in the bedroom,[link widoczny dla zalogowanych], and carry weapons, went straight to the bedroom from, Chang-Diaz will be throwing himself up, Wu Qing up to block, then in a knife, and the thumb tendon rupture if Wu Qing not to block the knife, then the knife will dive to Chang-Diaz's body, we can see that Wang Jun, an incoming The purpose of the attack came and ran, although Zhang Fulin the knife away, but drunk Wang Jun, the couple has caused injury, if not Franklin Chang-Diaz won the knife and puncture, it is impossible to suspend Wang Jun's attack behavior Finally it will be the death of Franklin Chang-Diaz injuries. newspaper reporter Sun Siya I is not guilty yesterday morning, Franklin Chang-Diaz stood second trial courtroom, in order to fight for freedom, he must seize the last chance. custody more than two years in jail, he from beginning to end that he was innocent, he always believed that his wife and children in order to protect the life of her ex-husband killed his wife's behavior, is it normal defense. standing on the edge of the cliff Zuiyufeizui this Sentenced to five years of men sent to the court and asks: "Is it only me or my wife or my wife unborn child injuries, death, and before they can defend it Does our law is to protect the bad guys do "Chang-Diaz pitched tone, full of grief. Knife broke into a strange man's Eve 2009, 30-year-old Chang-Diaz returned from abroad, and divorce Wu Qing secondary school students came together at the time Wu Qing,[link widoczny dla zalogowanych], already divorced and with a boy For the wife of her ex-husband Wang Jun, Zhang Fulin nothing. better way of knowing that the two men never met a tragic life and death is met. 2010 New Year's Eve, a man comes into the room, he pointed to Wu Qing Pregnant belly ask "how do you like this "Wu Qing did not answer, the man turned around and asked angrily angry Chang-Diaz," Who are you "Chang-Diaz replied:" I am Wu Qing husband. "" You're the husband Today, I'll let you know know who is his husband! "The man shouted." He said as he rushed up, put me on the bed, riding on me, force grabbed my neck, "Chang-Diaz recalled in court revealed the frightened eyes." Struggling, I I heard Wu Qing shouted out, 'he had a sword! '"Chang-Diaz said that when he looked up and found that men in the hands of nose at him. Chang-Diaz quickly a block,[link widoczny dla zalogowanych], blade punctured his right hand and arm in the process won the knife stabbed the man." I almost do not know how I tie to him, he hit me was the strength of feeling increasingly weak. "and later saw blood." quick alarm, Street 120, "Chang-Diaz kept giving men do artificial respiration. But all have been to no avail. deceased father I do not need your sympathy in the first instance judgment, the amount of compensation for the deceased Zhang Fulin is 22 million yuan yesterday, the deceased father of Mr. Wang Lao told the court, the amount of compensation is too low, requiring not guilty Chang-Diaz severely punished. heard "not guilty" in the name, Franklin Chang-Diaz on conditioned reflex to say: "I am innocent. "" Because I am innocent, so I do not compensation, "Chang-Diaz, he does not want compensation, but will try to give some financial compensation deceased father, but it all has nothing to do with his guilt or innocence," compensation must not be a judgment made, because I am innocent. "Chang-Diaz said he and the deceased's son relationship is very good, every day tutoring his science and English." My future will spare no effort to use my love to warm him. "Chang-Diaz so, did not impress Mr. Wang Lao, for Mr. Wang Lao speaking, Franklin Chang-Diaz is still a murderer. "you this murderer, anyway, you killed my son with Mito fresh life, if my son is still alive precisely when Zheng Dangnian. I do not need you to give me anything, I do not need your sympathy. "Home people ask me to sit in the prosecution of the discipline Chang-Diaz and his wife just hands, arms, etc. injured while Wang Jun had lost their lives, and thus confirms Chang-Diaz's defense than necessary limit, Franklin Chang-Diaz broke out, he raised the volume, stressing each syllable loudly retorted, lastly, he wronged the verge of tears. "I am innocent! "Chang-Diaz said," I think the cause of the whole thing, after the results have been very clear, but I would like to say a word, when my life is threatened, when I face life and death choice, it Only I was stabbed and severely wounded or dead, I can defend it "I think the law provides unlimited defense is to encourage citizens in times of danger and fight criminals. Wang Jun at me, and he did not have anything to do with me, and I have no dispute with him that night, and he for me , he is a criminal. Could it be that only I or my wife or my wife seriously injured after the unborn child, or cause of death of which I have a family, I can defend it Does our law is to protect the bad guys it "Chang-Diaz outbreak led to attend family's feelings," Yes! "family members with his hands up, shouting out express Chang-Diaz claims recognition. This behavior was quickly admonished the court. Chang-Diaz seeing this, quickly raised their hands to speak required, after permission of the court, he turned to the family said, "My dear family, thank you for supporting me for so long, and today I have come to hold a hearing, please observe discipline, Thank you for your support. " Personal references I was self-defense counterattack in the final statement stage, Franklin Chang-Diaz said the incident that night, it was New Year's Eve night, I was at home with his family to celebrate the Chinese New Year and look forward to a few weeks after the initial joy of fatherhood, However, Wang Jun in drinking uninvited, suddenly trespassing with my wife's bedroom, in my unsuspecting circumstances, suddenly on me with lawless violence unlawful infringement, Wang Jun crazy cruel with their portable sharp knife has stabbed me nearly nine and a half months pregnant wife and myself. Wang Jun to me entirely a stranger, never knew him, there is no contradiction and conflict with Wang Jun is a drunk broke into my house the killing violent criminals in their violent assault against me, and held Continuous knife stabbed my wife and I, their behavior serious threat to my wife, unborn child's life safety, I think my back is self-defense. Sun reporter Siya
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