In Xuchang, Henan Province, a man about 60 years old stands on the road with a kitchen knife in his hand. At this time, a car drove straight into him, knocking him to the ground. Unexpectedly, the car turned around and then ran over the man, causing the man to die on the spot. The man driving the car did not run away, but called the police to wait for the police to arrive and take him away.
It turned out that the man who was killed and the man who hit the person, Xin Mou, were father and son. Xin's father, Lao Xin, has been insulting and beating Xin's mother for many years, and he does not stop during the New Year. Before the incident, Lao Xin not only beat his wife again for trivial matters, but also smashed the items in the home, and even took a kitchen knife to call Xin to provoke, so that Xin would come over immediately.
After Xin drove over, he found his father standing on the sidewalk with a kitchen knife, so he did not stop doing two, so the scene just happened. Since then, Xin has been sentenced to life imprisonment for intentional homicide in the first instance. After Xin's appeal, the Henan Provincial High Court changed the sentence to 12 years in the second instance.
It is true that the father is rebellious, but in the face of this frequent domestic violence, as a son, in the case of inability to change the status quo, he finally chooses to fight violence with violence.
Domestic violence can make people hate! This is a radical emotion that is far more complex than "resentment" and "resentment", a kind of temporary liberation and free redemption at the cost of self-destruction. But it's a road of no return, the father dies, he goes to jail himself, and everyone loses.
Xin Mou drove his father down and then crushed him, which obviously had the intention of depriving others of their lives, and eventually led to the serious consequences of his father's death, which met the constituent elements of intentional homicide. Although his father was holding a kitchen knife, Xin's behavior was difficult to identify as legitimate defense.
Legitimate defense is the act of stopping an unlawful infringement in the face of an ongoing unlawful infringement. Where legitimate defense clearly exceeds the necessary limits and causes major harm, criminal responsibility shall be borne.
In this case, although Xin's father was armed with a kitchen knife, he did not commit a crime against Xin and his mother at that time, and there was no urgency of defense, and Xin's act of driving his father and crushing him was an imaginary defense and exceeded the necessary limits of defense.
The Penal Code stipulates that intentional homicide is generally punishable by death, life imprisonment or fixed-term imprisonment of not less than 10 years. At the same time, the Supreme People's Court's Guiding Opinions on the Correct Application of the Death Penalty in the Trial of Intentional Homicide and Intentional Injury Cases stipulates that the death penalty should be used with caution, that is, for intentional homicide cases caused by the intensification of civil conflicts such as marriage and tobacco family and neighborhood disputes, special caution should be exercised when applying the death penalty.
In this case, Xin mou undoubtedly constituted the crime of intentional homicide. However, considering that Xin surrendered voluntarily and obtained the forgiveness of his family, and his subjective malignancy, social harm and personal harm were relatively small, combined with the fact that the father had long-term domestic violence and obvious faults, the second-instance trial sentence was changed to 12 years in prison.
Finally, the family is the smallest social unit, and it should have been the last safe haven for both men and women, not the shura. In the face of domestic violence, we should decisively call the police, rather than countering violence with violence.
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