Chapter 193: The Other Party Illegally Entered My Home, I Exercised Legitimate Defense, Is There Still Any Problem?

The greatest difference between legitimate defense and excessive defense lies in the limit of defense.

The issue of the limit of defense.

The general meaning is how great the consequences produced by the unlawful infringement carried out by the aggressor against you are.

And how great the consequences produced by the defensive conduct you carried out against the aggressor are.

Comparing the two.

Whether there is an obvious asymmetry.

For example, the other party only carried out verbal humiliation toward you and only had slight pushing conduct, and you in response stabbed the person, causing serious injury or death to the other party.

In this process, even if your conduct was defensive conduct.

You would still be sentenced on the basis of excessive defense.

Because the other party’s slight pushing could not cause too great a threat to you, whereas your defensive conduct caused huge damage to others.

It clearly belongs to exceeding the necessary limit.

Exceeding the necessary limit belongs to excessive defense, and does not belong to the circumstance of legitimate defense.

After Lu An finished his statement.

At the bench seat Song Yuanhui briefly sorted out the relevant circumstances stated by Lu An.

“The prosecution has already stated the corresponding circumstances.”

“Please the defendant party’s litigation agent make a statement.”

“Alright Presiding Judge.”

Regarding the issue of limits.

Su Bai also clearly understood that making argumentation on this point would be relatively troublesome.

The main issue was that it was necessary to see the presiding judge’s determination regarding this case, as well as within unlawful infringement.

The determination regarding unlawful infringement conduct toward spirit and personal freedom and dignity.

According to previous judgments, Chen Bin was very likely to be determined as excessive defense.

And the connection between legitimate defense and excessive defense stated by Lu An had no problems at all.

If the presiding judge determined from this perspective, then Chen Bin’s sentence might be relatively heavy.

Therefore Su Bai’s argumentation needed to proceed from the understanding of legitimate defense.

As well as from if the presiding judge really stood from Lu An’s perspective, then how to reduce and mitigate Chen Bin’s sentence in this respect.

To put it plainly.

The next statement, even if it could not enable Chen Bin to achieve legitimate defense, still needed to reduce as much as possible the sentence determination of excessive defense toward Chen Bin.

After clarifying this line of thinking.

Su Bai lowered his head and took out the litigation materials and began his statement: “Presiding Judge.”

“Our party does not agree with the prosecution’s viewpoint.”

“The following are our party’s relevant arguments regarding this case:”

“First is from the perspective of the overall case.”

“During the entire process in which the case occurred.”

“The defensive conduct exercised by Chen Bin was caused during the step by step escalation of unlawful infringement.”

“At the time point when the case initially occurred.”

“Li Fei and others only carried out verbal threats and insults, later it escalated to conduct.”

“During the process of conduct causing harm, the unlawful infringements suffered by He Lijuan had many types.”

“Including but not limited to verbal humiliation.”

“Even.”

“The unlawful personnel who broke into He Lijuan’s home also carried out bodily conduct.”

“In this continuous escalation and continuous increase of unlawful infringement.”

“If there had been no defensive conduct by Chen Bin, would the subsequent impact possibly have been greater?”

“Li Fei and Xu Bing and others carried out verbal humiliation toward He Lijuan, and also carried out substantive conduct, then in the next step would they have continued to carry out further infringing conduct?”

“I request the members of the collegial panel to consider this factor.”

“In addition.”

“Through the conduct of Li Fei and Xu Bing and others in Chen Bin’s home, according to the provided evidence, it can already be very clearly seen that the debt collection conduct of the other party.”

“Had already exceeded ordinary unlawful conduct and crime and was not the minor humiliation described by the prosecution.”

“These points all need to be considered.”

“And in this case, there is also one most important point, that is Li Fei and others illegally entered Chen Bin’s home.”

“And carried out humiliation toward Chen Bin and He Lijuan and restricted their personal freedom.”

“It can be said that Li Fei and Xu Bing and others illegally broke into Chen Bin and He Lijuan’s home to implement criminal conduct.”

“Chen Bin and He Lijuan had the right to implement defensive conduct against the illegal intrusion of Li Fei and others.”

“According to Article 245 of the Criminal Law, the crime of illegal intrusion into a residence.”

“It refers to conduct of illegally forcibly breaking into another person’s residence, or after being requested by another person to leave but without reason refusing to leave another person’s residence.”

“The subject condition of this crime is that the responsible person has reached the age of criminal responsibility and possesses criminal responsibility capacity, and the objective condition is illegality.”

“Li Fei and Xu Bing and others satisfied the above two conditions, constituting the crime of illegal intrusion into a residence.”

“That is to say, during the entire process of the incident, Li Fei and Xu Bing and others were all in a situation of illegal intrusion.”

“Under such circumstances, the conduct implemented by Chen Bin should belong to defensive conduct, and because of the further escalation of the other party’s unlawful infringement, it could not be predicted what would happen next.”

“Under such specific circumstances, our party believes that the defensive conduct carried out by Chen Bin should belong to the scope of legitimate defense.”

The main factor in determining legitimate defense and excessive defense is the limit.

However.

Li Fei and Xu Bing and others belonged to illegal intrusion into a residence.

And were accompanied by the implementation of criminal conduct.

Under such circumstances.

How should the issue of limits be determined?

Even if Lu An accused Chen Bin of exceeding the limits of defense.

Could he refute the implementation of illegal intrusion into a residence accompanied by criminal conduct?

Certainly he could not.

In defensive conduct.

Could this factor not be considered?

Certainly it could not.

The illegal intrusion of Li Fei and Xu Bing and others itself was unlawful conduct, and during this process unexpected circumstances occurred.

How should it be determined?

There was also another point, which was the consideration of other factors.

During the process of illegal intrusion by Li Fei and Xu Bing and others, there were more than ten people, on one side there were more than ten adult male debt collectors, and on the other side there was a mother and son.

Under such circumstances.

Generally speaking, the presiding judge would consider this environmental circumstance.

To make a corresponding degree of determination regarding defensive conduct as well as the sentence.

At the presiding judge’s bench seat, after listening to Su Bai’s statement, Song Yuanhui recorded the key information.

“Prosecution, please make your statement.”

“Alright.”

Lu An understood where Su Bai’s point of refutation lay.

Su Bai wanted Chen Bin to be determined as legitimate defense.

Therefore he used the conduct of illegal intrusion by Li Fei and Xu Bing and others to make assistance for the circumstance of legitimate defense.

Regarding the fact of illegal intrusion by Li Fei and Xu Bing and others, Lu An had no objection at all.

And it should also be considered.

Within defensive conduct.

Regarding this point, Lu An could not refute it.

But the actual situation was that illegal intrusion belonged to the accusation of crime toward Li Fei and Xu Bing and others.

And did not constitute a specific causal relationship between legitimate defense and excessive defense.

To put it plainly.

Legitimate defense and excessive defense mainly concerned the issue of limits, and it was not because of the illegal intrusion of Xu Bing and Li Fei that it could be determined as excessive defense.

Based on this point, Lu An made his statement.

“Presiding Judge, regarding what the defendant party’s litigation agent lawyer stated that Li Fei and Xu Bing and others had the conduct of illegal intrusion.”

“Our party does not make any refutation.”

“But legitimate defense and excessive defense are determined according to specific limits, our party still insists that Chen Bin’s defensive conduct obviously exceeded the necessary limits and constitutes excessive defense.”

Song Yuanhui, after hearing Lu An’s opinion, then looked toward Meng Hao.

“Let us discuss it.”

“Mm.”

At the bench seat, Song Yuanhui struck the gavel: “The opinions stated by the prosecution and the defendant party have been heard by the collegial panel.”

“Regarding whether Chen Bin’s defensive conduct belongs to legitimate defense or excessive defense, do both parties still have anything to continue to state, or to submit factual basis?”

Su Bai: “There is no content to continue stating.”

Lu An: “The prosecution has none.”

Bang bang.

“Since both parties do not have anything further to state, then now we enter adjournment.”

“After resumption of the court session, the hearing will continue.”

Accompanied by the fall of the gavel, the members of the collegial panel stood up and left the bench seats.

Looking at the departing backs of the members of the collegial panel, Su Bai lightly exhaled and rubbed his brow.

This case had already entered the final stage of discussion regarding judgment.

Among them, the most critical issue under discussion should be the illegal intrusion of Li Fei and Xu Bing and others that he had raised.

If it were determined that the principal fault lay with Li Fei and Xu Bing and others.

Then perhaps the members of the collegial panel might through this point promote Chen Bin to achieve the conditions of legitimate defense.

Of course.

Even if it were not determined as legitimate defense, the criminal fact of illegal intrusion into a residence by Li Fei and Xu Bing and others would be established.

Considering this point, the members of the collegial panel would certainly reduce Chen Bin’s sentence.

At the same time.

After the adjournment of the court hearing was announced, inside the discussion room.

Song Yuanhui looked toward Meng Hao, rubbed his brow and casually complained:

“This case has very great attention, and involves many criminal facts, relatively speaking it is comparatively complex, how do you think this case should be determined?”

Meng Hao frowned tightly: “You should also already have a determination in your heart regarding this case right?”

“During the process in which Chen Bin used a knife and caused harm toward Li Fei and others, this belonged to defensive conduct, this has already been determined.”

“The main issue lies in whether Chen Bin belongs to legitimate defense or belongs to excessive defense.”

“The main factor in determining legitimate defense and excessive defense is the issue of limits regarding the defensive result.”

“This point is beyond doubt.”

“Personally I think it should be determined as excessive defense, because in this case there exists a very obvious factor, that is no matter what, in the subjectivity of Li Fei and Xu Bing, their main purpose was debt collection.”

“Although there was unlawful infringement, the ultimate purpose was still debt collection, and did not cause relatively large substantive harm toward He Lijuan and Chen Bin.”

“However Chen Bin’s defensive conduct caused two people to die and three people to be seriously injured, although subjectively it was defensive conduct, this degree of harm clearly already exceeded the necessary limit.”

“If it were for me to determine, I think Chen Bin should belong to excessive defense.”

“But regarding the sentence it is difficult to say, it is necessary to consider various other factors.”

At this time, Shi Jiaming continued the conversation: “Yes, I also think so!”

“Causing two people to die and three people to be seriously injured clearly exceeded the limits!”

“The right to life is supreme, regarding the sentence, I think Chen Bin’s defensive conduct should be severely punished.”

Regarding Shi Jiaming’s continuation of the conversation, Song Yuanhui directly did not pay attention, and instead looked at Meng Hao and fell into silence.

After several seconds of silence he spoke again:

“But have you considered another factor, that is the illegal intrusion by Li Fei and others involved more than ten people.”

“Under such circumstances, if Li Fei and others further implemented unlawful infringement, would it be possible that Chen Bin and his mother He Lijuan might have encountered a situation involving life safety?”

Meng Hao nodded: “Indeed, the possibility of such a situation occurring is relatively great.”

“But actually, although unlawful infringement was continuously escalating, it had not been implemented to that level.”

“That was only a hypothetical situation, and was not a situation that truly occurred.”

“Mm.”

“Alright, I understand.”

Song Yuanhui nodded: “There is still one very important court hearing statement stage afterward.”

“After listening to the court hearing statement, then make the determination.”

“Mm.”

Meng Hao agreed with Song Yuanhui’s viewpoint.

Shi Jiaming spoke at the side, stating his own viewpoint, but Meng Hao and Song Yuanhui both ignored him.

Do you not have any understanding in your heart regarding how great the attention of this case is?

Do you know what impact the previous remarks would cause if they were released?

Shi Jiaming’s subjectivity was relatively aggressive.

Meng Hao and Song Yuanhui although did not understand why in this case Shi Jiaming’s ideas were so aggressive.

But in their hearts they were very clear.

If determination were made according to Shi Jiaming’s subjective ideas.

Then the judgment of this case.

Would certainly be scolded onto trending searches, and perhaps even leave some disciplinary consequences.