The law is dead, but people are alive, and specific cases need to be analyzed specifically.
I can't kick you in the crotch after slapping you, but you're swinging a chair at me. It's impossible for me to consider the force and direction of the chair in your hand to control the strength of my counterattack. That's totally impossible.
Because people are just people, not robots.
So this was a difficult situation. Everyone expressed their opinions, and finally, after discussion at the meeting, we reached a result.
It was determined to be self-defense and no case will be filed!
Of course, it was already late at night when the decision was made, so it had not been delivered yet.
In the hospital, Brother Bodhisattva's parents are taking care of him. There is no need to call it taking care of him. That injury is nothing at all. They just need to pay a little attention to it.
He is very nervous now. He did it before according to what Fang Dazhuang taught him, but after Xia Dongfang's wife came to make trouble once, he realized that the consequences of that kick were very serious.
In today's society, you won't get anything done unless you make a fuss, so he was very scared. What if Xia Dongfang's wife made a fuss? What would he do then? He wouldn't go to jail, would he?
Fortunately, Mr. Fang comforted him and told him not to worry, because even if the public security organs filed a criminal case, it would not be possible to get through to the procuratorate and the court.
This is not the case in the past. After years of discussion, everyone from top to bottom has begun to discuss the standards of self-defense, because everyone wants to know how far we can go in the face of illegal infringement!
The guiding opinions from the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security came out under such circumstances.
Lawyer Fang has always followed the trend in his work. The rule of law is indeed progressing. This was really hard to say when he was in school, but it is different now.
On the other side, Xia Dongfang's operation had already ended. He was in a really miserable state. His wife was taking care of him at the moment. He kept making cries of pain after the anesthesia wore off.
"Don't worry, Old Xia, I've already reported the case. That kid surnamed Wang will definitely go to jail!"
Xia Dongfang forced himself to endure the pain and said, "If he begs us for forgiveness at that time, we won't ask for money. As long as he accepts Xiaoyan's mediation, that's all that's needed."
I haven't forgotten this incident.
Everyone else in the ward now knew what was going on.
Anyone would know what happened after being quarreled with by a woman all night long.
Now the look in people’s eyes when looking at this couple is not right, and everyone feels that the fight was good!
In fact, many people in life are good people, and they really want to teach those who take the initiative to cause trouble a lesson.
Isn't life good? Why do you have to pick a fight? Just eat and drink, and then you forget your last name?
In such an atmosphere, Lao Xiang appeared at the door of the ward.
Seeing Lao Xiang appear, Xia Dongfang's wife hurried forward and said, "Comrade, you're finally here. Why hasn't that Wang guy been arrested yet?"
Lao Xiang coughed and said, "Ms. Yu, I need to tell you something. Hey, Wang Yanhao, come here too. We've already reached a conclusion on your matter."
However, Lao Xiang immediately noticed Wang Yanhao who was strolling in the hospital corridor. This guy was already able to run around.
When he saw the police, Brother Bodhisattva became nervous, but still walked over.
"Alright, now that you're all here, and Xia Dongfang is listening too, I'm here to inform you. Regarding the incident that happened at the cafe, Xia Dongfang provoked trouble after mediation failed, causing Wang Yanhao to suffer a minor arm injury. You're responsible for compensating him for the related expenses."
"Otherwise, you will be sentenced to 15 days of administrative detention and a fine!"
Minor injuries do not meet the criminal standard.
But you have to deal with minor injuries yourself, and it is best to go through mediation, otherwise you will still be detained for a few days.
Xia Dongfang remained silent. He knew the situation, while his wife continued to ask, "Comrade, what about him? He beat my husband like this. Isn't this considered intentional injury?"
Xia Dongfang attacked first and actually injured the other person, so there's really nothing to say about this.
The main purpose is to see if the other party will go in.
Old Xiang shook his head, pulled out the decision letter, and said, "Ms. Yu, I'm also going to inform you now. Regarding the incident you reported of Wang Yanhao intentionally causing injury, the branch office has investigated and determined that his actions met the standards of legitimate self-defense!"
"Therefore, the branch has decided not to file a case!"
Hearing this, Wang Yanhao's nervousness disappeared and a smile appeared on his face.
Lawyer Fang is indeed Lawyer Fang. It seems that he will have to learn more about criminal law in the future.
What? No case?
Xia Dongfang, lying on the hospital bed, felt a pang of pain when he heard this. His wife even yelled, "What's wrong with you? How can this be considered self-defense? My old Xia is injured like this, and this is still self-defense?"
"Which law says that beating someone up like this is legitimate self-defense?"
Seeing that the other party was very excited, Lao Xiang said, "Ms. Yu, please don't get excited. Your attitude is not the attitude to solve the problem. I want to explain it to you clearly now."
"Look at this decision. Your husband pushed her first, then slapped her. By then, she had already started to retreat."
"So it can be assumed that the other party was actively trying to avoid a fight. However, because the other party refused to accept mediation, your husband cursed and threatened to kill her, then swung a chair at her!"
"In this situation, the other party may think that their personal safety is threatened, so it is normal and necessary to fight back in such a situation!"
Lao Xiang was trying to explain, but he was interrupted again before he could finish his explanation.
"What do you mean by necessary? He kicked my husband like this if he had to? He was deliberately going after the disabled person. Is this still self-defense?"
Xia Dongfang’s wife felt that she couldn’t understand. She said, “He’s fine. My husband was injured like this, and then you told me that he was acting in self-defense and he doesn’t need to take responsibility.”
And we have to compensate him for the related expenses?
Is there still law here?
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