Chapter 291: What the Hell is Legitimate Defense!

The situation has become a bit complicated; no one expected Xia Dongfang to strike again after pushing someone!

Never mind the others, even Zhou Mouren, who was sitting next to Fang Dazhuang, was shocked by this turn of events.

You keep saying your daughter is very important, but with this behavior of yours, it's as if you're dying for your daughter to go inside, aren't you?

Let's not talk about anything else; just with this slap of yours, if the other party can still agree to Mediation, it only proves that this guy is fit to go ring the bells at Notre Dame.

After hitting the person, Xia Dongfang wasn't afraid at all. As someone who came from a background of being a hoodlum, he goes to the station every few days and has a mountain of bad habits; in fact, regarding these matters, he understands the boundaries of law enforcement better than many people.

As long as the other party strikes back, it's definitely Mutual Fighting, and even if you call the police, it's useless.

And he doesn't think the other party won't strike back, because the matter of striking back is actually very easy to define; if someone slaps you and you feel resentful and push them, that also counts as striking back, and that is also Mutual Fighting.

However, what Xia Dongfang didn't expect was that Pusa Xiong on the opposite side didn't strike back at all, but instead began to retreat, saying while retreating: "Fine, you want to throw hands, sure, I'm calling the police right now. Let me tell you, don't even think about Mediation; your daughter will serve her time just as she should!"

Why do we talk about sweeping away organized crime and rooting out evil all day long? It's because these kinds of people are truly disgusting!

It can be said that normal people all want to live their lives properly, but there are always those who, let alone when they've been drinking, can find trouble even when they're sober.

But at this moment, Pusa Xiong could roughly guess the reason; there was a very strong smell of alcohol on the other party. He had been drinking at noon—truly a talent.

So, we live our lives properly, these local ruffians come up and pick a fight, and then we don't know how to strike back; if we move our hands even a little, it's Mutual Fighting, and both sides get punished equally—you tell me, who would feel comfortable with that?

That feeling of being provoked by someone is truly infuriating!

But Pusa Xiong is very clear-headed right now, because after Fang Dazhuang has had a drink, he really does talk about many "very criminal" methods.

For example, Legitimate Defense, which leaves many people confused!

What is Legitimate Defense, how do we define Legitimate Defense, and what are the standards for Legitimate Defense?

In this regard, I must mention Long Ge again; although he is dead, he still lives in the hearts of legal scholars.

There is no Case Interpretation more classic than that; that precedent made it crystal clear which strike belongs to what kind of behavior—this is Legitimate Defense!

After that time he got drunk, Fang Dazhuang broke down and analyzed the "Guiding Opinions on the Application of the Legitimate Defense System" issued by the Two Highs and One Department until it was crystal clear.

Of course, there must be a prerequisite: try your best to secure the evidence. Monitoring is best; if there is no Monitoring, then you must be careful—the evidence must be accurate and sufficient!

If it were just about explaining Legitimate Defense clearly, then Fang Dazhuang wouldn't be Fang Dazhuang; you could call any Lawyer to explain it.

What Fang Dazhuang explains is how to try your best to strike back at others while protecting yourself, without breaking the law.

In plain language: if you dare to engage in Picking Quarrels and Provoking Trouble, I can send you to the hospital within the scope of the law, and you might even end up going inside, while I remain perfectly fine.

This is the difference between Fang Dazhuang and an average Lawyer when encountering problems!

Why should you be allowed to pick fights and curse or hit people at will, while I, not wanting to be labeled as Mutual Fighting, either have to run or cover my head and get beaten by you?

And if it doesn't even count as a Minor Injury, it's even more troublesome, because if you want to file a Lawsuit, you can't even find the other party.

Why do many hoodlums run after hitting someone? Because for simple civil matters, the relevant departments will not intervene.

The study of Legitimate Defense has run through Fang Dazhuang's entire career; he even started studying it when he was still in university—how to strike back within the legal scope!

Let me clarify, this has nothing to do with Fang Dazhuang being a good fighter.

Oh right, Fang Dazhuang's undergraduate thesis was on this very thing...

At the time, it was considered unorthodox and was almost rejected by his professor.

Coupled with all the propaganda about "winning the fight means going to jail, losing the fight means going to the hospital," it always makes people feel that good people are meant to be wronged.

Why is it that when others engage in Picking Quarrels and Provoking Trouble, they are still so arrogant, just because we follow the law and we are good people?

No, that is wrong. Fang Dazhuang thinks that when you are out in the world... when you are out in society, it is always good for everyone to understand Criminal Law a bit more.

It wasn't just Pusa Xiong; Zhou Yi and Zhou Xinran were listening very carefully at the time. Fang Dazhuang doesn't easily talk about these "very criminal" little topics, but once he's had too much to drink and starts talking, he won't stop.

So, seeing Pusa Xiong begin to retreat, Fang Dazhuang, who had originally intended to stand up, sat back down, and incidentally pulled Zhou Yi, who had stood up to help, back down as well.

"Fang Dazhuang, is this... Legitimate Defense?" Zhou Yi asked subconsciously; he felt it looked a bit like it.

Fang Dazhuang smiled and said nothing, just crossed his legs and began to hum that classic tune again: "I sit on the city tower watching the scenery, listening to the chaos outside the city..."

Zhou Yi also smiled and continued to sit there watching the show. Come to think of it, today, it's probably time to let others know what the hell is called Legitimate Defense.

Pusa Xiong retreats while saying those things; here he must observe another point, because there is a clause in the guiding opinions that for Provocation of Defense, where one intentionally uses words or actions to provoke the other party to infringe upon oneself and then strikes back, it is not considered Legitimate Defense!

So, one must keep another point in mind: do not deliberately provoke others. The words Pusa Xiong just said had a deeper meaning; the persona he projected was that of an impulsive youth.

Look, you came to me for Mediation, I met with you, and then you hit me, so I say I definitely won't accept your Mediation—this is a very logical behavioral sequence.

And in law, there is no such thing as "you are on the first floor, you think he is on the second floor, but actually he is on the third floor"; whether it is intentional and what the subjective intent is requires a comprehensive determination.

Obviously, Xia Dongfang on the opposite side really didn't know where this nameless rage came from; after hearing Pusa Xiong's words, he cursed: "Fine, you won't do Mediation, right? I'll kill you, damn it!"

And this time, perhaps worried that the other party would also strike back, he directly picked up the coffee chair next to him and swung it over!

Of course, he wasn't really hitting to kill; this chair was just a plastic chair, and it would only hurt for a while if it hit someone. He had experience with this; it wouldn't even count as a Minor Injury.

Xia Dongfang's wife was shouting "Stop hitting" in the back.

However, no one paid him any mind; the people around were all watching the spectacle. Some thought about stepping forward to break up the fight, but it's easy to get accidentally injured if you go up at this time.

So they thought they would wait until this round was over before stepping in.

Seeing this scene, Fang Dazhuang, who was sitting in the back, felt something was wrong, but he was too far away, and he subconsciously said: "Damn, did this guy really learn from me?"

After finishing the "very criminal" topic, he had taken advantage of the alcohol to talk about what he would do if he encountered these things.

As it turns out, he didn't expect this guy to learn directly from him. Are you kidding? He, Old Fang, was using himself as an example; you, an author whose body has become weak from typing, are learning from me?

Forget it, Fang Dazhuang had already taken out his notebook in advance and made a mark on it; although it hadn't reached the most classic foundation of Legitimate Defense, it would suffice.

In his eyes, the most classic Legitimate Defense is when you are unscathed, the other party ends up in the hospital, and after the other party is discharged, they still have to go inside—that is the most classic!

Bad people are the ones who should have guns pointed at them!

Pusa Xiong had already noticed he couldn't dodge it, so he could only barely protect his head with his right hand while simultaneously lifting his foot to kick the other party's lower abdomen.

Of course, this kick might have missed its mark, or perhaps Pusa Xiong lowered the angle a bit; in any case, the power of this kick was immense, almost a desperate amount of force.

And as for the location, it was a little bit awkward.

Regarding significantly minor unlawful infringements, if the actor, under circumstances where they can identify the situation, directly uses methods sufficient to cause Serious Injury or death to stop it, it should not be recognized as a defensive act.

At the very beginning, of course, you can't kick like that, because a slap doesn't count for much; you can't kick someone's vital parts just because they slapped you—that definitely won't do.

But if you say you want to kill me, and you come at my head (shoulder) with a chair, then I can assume you want my life, and I can certainly carry out a real counterattack!

Bang! Accompanied by two loud thuds, both men lay on the ground simultaneously and began to wail in agony.

Xia Dongfang's entire body curled into a bow shape, his legs clamped tightly together, and the screams he let out made the surrounding men tremble with fear; with a kick like that, it would be normal for his testicles to be shattered.

As for Pusa Xiong, he was also wailing, having taken a solid hit to the arm, but it was a bit unexpected... it didn't hurt that much; he had originally thought his arm would probably break this time.

But... pain or no pain, this was the time to show off his acting skills; Pusa Xiong lay there and wailed, his tears flowing fast.

At this moment, Fang Dazhuang and Zhou Yi arrived at Pusa Xiong's side at top speed, and then expressions of extreme concern appeared on both of their faces simultaneously.

"Xiao Wang, are you alright? Hurry and call the police, and an ambulance too, hurry!"

After speaking, the two men exchanged a glance, both seeing what the other wanted to say: Best Actor.

Outside, Liu Hongxia and Lao Meng exchanged a glance and lowered their heads; she had still been thinking about negotiating, but now someone was about to be hospitalized.

Because it happened in a busy downtown area, and it was said that two people were going to be hospitalized, the Police Station responded very quickly.

It's just that many of the officers had dark circles under their eyes, as if they were sleep-deprived, and it was unclear what the situation was.

Both men were sent to the hospital by ambulance, and the officers from the Police Station began their investigation.

"So, this man named Xia Dongfang came today intending to find Wang Yanhao for Mediation? Then how did he end up hitting someone?" Officer Lao Xiang said with a speechless expression.

To be fair, as a veteran officer, he was well-informed, and he hadn't seen many cases like this.

It seemed that there really weren't many people who started a fight while begging for forgiveness; at the very least, he had only seen it a few times.

As for the name Wang Yanhao, no introduction was needed; everyone had been very familiar with him lately, because of him, let alone criminal investigators, even they, the patrol officers, had been pulled in to help make arrests.

You thought those dark circles were for nothing.

"It seems both sides had talked before, it didn't go well, then Xia Dongfang drank today, and then he started the fight." Zhou Mouren, standing in front of Lao Xiang, said with an honest expression.

Lao Xiang nodded without speaking; with Monitoring available and so many witnesses, what Xia Dongfang was thinking wasn't that important; what was certain was that he definitely started the fight.

And at the very beginning, when he slapped the other party, the other party kept retreating, wanting to leave.

This is a very important point!

Why do many people think it is Legitimate Defense, but it is later classified as Mutual Fighting? It's very simple: the other party slapped you, and you slapped them back.

Then you were not acting with the purpose of "defense."

Firmly remember one point: the last two words of Legitimate Defense are "defense"; you must act with the purpose of defense, not retaliation.

This is why it is very easy for "good people to be wronged" to happen.

Lao Xiang went to check the Monitoring; the coffee shop's Monitoring could be accessed directly at the front desk, and he soon saw what had happened earlier.

"This person... forget it, people who are drunk are capable of anything."

After watching the video, Lao Xiang realized that this man surnamed Xia was truly a bit sick in the head, but that last kick from the young man also made him frown.

Although he was physically weak from typing, Pusa Xiong was a young man after all, and that kick was truly heavy.

Of course, this kick was indeed very heavy, at least that could be seen from the crying and complaining of Xia Dongfang's wife right now.

"Officer, Officer, my Dongfang's... that area has been completely damaged, the doctor says he needs surgery, it's very serious, especially serious!"

It was Xia Dongfang's wife, who had come straight to find Lao Xiang, who had just arrived at the hospital, after getting the news of her husband's injuries from the doctor.

He had already checked the Monitoring at the coffee shop and questioned witnesses, so he already had a handle on the whole incident.

But how the specific case would be handled was not up to him; all he could do was try to collect more evidence.

For example, the injuries of the two men.

Now, as soon as he arrived at the hospital, he was cornered.

Lao Xiang could only say: "There are regulations for what standards specific injuries meet, but please rest assured, the law will not let a bad person go, but it will not wrong a good person either."

Xia Dongfang's wife was already crying uncontrollably.

A man's private area is the most vital of vital points; even a light tap would ensure the other person is in pain for a long time, and to be kicked hard by a young man... tsk tsk.

So now, Xia Dongfang's wife had only one thought: she must make that kid go to jail!

Lao Xiang had a headache from being pestered; he was trying to explain that the situation could not yet be determined, but the other party wouldn't listen at all, constantly saying that the one surnamed Wang must go to jail.

Just then, the doctor walked out.

Seeing the doctor, Lao Xiang hurried up to ask.

"Excuse me, I would like to ask, how is Wang Yanhao's injury?"

"That young man? He's fine, it's just that his arm was cut by a plastic chair, it's a bit long, about two centimeters, but it's not very deep, and there is some damage to the arm joint."

What? Xia Dongfang's wife exploded when she heard that Wang Yanhao was fine.

"Officer, Officer, look, he's fine, are you not going to arrest him? Look at what he did to my Lao Xia, my Lao Xia is still in surgery, and he hasn't even paid the Medical Expenses!"

"Officer, this isn't reasonable, right? He should at least pay our Medical Expenses first!"

Lao Xiang looked at her without speaking; he really didn't want to talk to this woman right now.

He just looked at the doctor and said: "Then please give me the injury reports for both of them, I need to take them back."

Whether Intentional Injury requires a prison sentence generally depends on the severity of the injury; normally, only reaching the level of Slight Injury involves the crime of Intentional Injury.

The doctor was fast, and before long, he gave the injury reports to Lao Xiang, so Lao Xiang hurried back to the station; he felt that the leaders at the station, or rather the leaders above, would definitely need this.

Lao Xiang was right; at this moment, the relevant leaders were already arguing over this case.

The focus of the dispute was whether Wang Yanhao's actions constituted Legitimate Defense!

Some people thought it was not Legitimate Defense, and the reason was very simple: everyone knew that the determination of Legitimate Defense was extremely strict; one could even say that currently, it was very, very rare to see a case directly classified as Legitimate Defense.

So under these circumstances, it was best for them to arrest the person first, and then wait for the determination of the procuratorate and the court.

But some people had a different opinion.

"I don't know what you are hesitating about; this is a very typical case of Legitimate Defense, look here!"

He pointed to Wang Yanhao's retreating figure in the Monitoring video and said: "It is very clear here that he no longer intended to conflict with the other party, which is to say, it can be determined that Xia Dongfang's pursuit at this moment can actually be seen as a threat to Wang Yanhao's personal rights!"

"And then, he swung the chair again; under such circumstances, the other party was forced to counterattack, and I believe this is a typical case of Legitimate Defense."

Theoretically speaking, the Court, the Procuratorate, and the Public Security Bureau can all determine Legitimate Defense.

However, in practice, it is rarely encountered, and many of the Legitimate Defense rulings are actually made by the Court.

Therefore, under such circumstances, it is truly difficult to get the Public Security Bureau to directly make a decision of no Case Filing, because this involves issues in every aspect.

Soon, Lao Xiang returned, bringing back the injury report.

The number of people supporting a Case Filing then increased.

The reason was also simple, because in this case, the injury sustained by Wang Yanhao was almost just a Minor Injury.

But Xia Dongfang was different; even if it were determined to be a Slight Injury, it would be no problem.

It was just difficult to handle, because from any perspective, there was no problem whatsoever with Wang Yanhao's behavior.

Yes, his counterattack seemed a bit heavy, but likewise, the guiding opinion of the Two Highs and One Department also states, "Comprehensively consider the circumstances of the case, especially the degree of fault of the unlawful aggressor, the severity of the unlawful aggression, and the panic, tension, and other psychological states of the defender facing the unlawful aggression, to ensure that the sentencing is appropriate and fair"!

What does this mean? A defender facing unlawful aggression is not a robot; he will panic, he will be nervous, and at that critical moment, it is impossible to expect him to think about carrying out a perfectly measured defense based on the degree of the other party's aggression; that is impossible.

The law is rigid, but people are flexible; specific cases must be analyzed specifically.

If you slap me, I cannot kick your crotch, but if you are already swinging a chair to smash me, I cannot possibly be expected to consider the force and direction of the chair in your hand to control the force of my counterattacking kick; that is completely impossible.

Because a person is just a person, not a robot.

So this became very difficult to handle; everyone expressed their own views, and finally, after a meeting and discussion, there was a result.

Determined to be Legitimate Defense, no Case Filing!

Of course, it was already late at night when the determination was made, so it had not yet been served.

Inside the hospital, Pusa Xiong's parents were taking care of him, though saying "taking care" was not really necessary; that little injury didn't count for anything at all, just needing a little attention was enough.

He was very nervous now; before, he had done everything according to what Fang Dazhuang taught him, but after Xia Dongfang's wife came to make a scene once, he knew that the consequences caused by that kick were very serious.

Nowadays in society, if you don't make a scene, things won't get done, so he was very afraid; if Xia Dongfang's wife went to make a scene, what should he do? Would he go to jail?

Fortunately, Fang Dazhuang comforted him, saying not to worry; even if the Public Security Bureau opened a Criminal Case, it wouldn't pass at the Procuratorate and the Court.

This is not the past; after these years of discussion, from top to bottom, people have started to debate the standards of Legitimate Defense, because everyone wants to know, when facing unlawful aggression, how far we can go!

The guiding opinion of the Two Highs and One Department came out under such circumstances.

Fang Dazhuang always did things in line with the trend; the rule of law was indeed progressing. If this matter had been placed back when he was in school, it would have been truly hard to determine, but now it is different.

On the other side, Xia Dongfang's surgery had long since ended; he was truly miserable, and at this moment, his wife was there taking care of him, and after the anesthesia wore off, he kept letting out bursts of painful sounds.

"Don't worry, Lao Xia, I have already reported the case; that kid surnamed Wang will definitely go to jail!"

Xia Dongfang forced himself to endure the pain and said, "When the time comes, if he begs us for a settlement, we won't want his money; we just need him to accept Xiaoyan's Mediation."

This matter had not been forgotten.

The others in the ward already knew the situation by now.

Having been noisily pestered by a woman for an entire night, anyone would know what had happened.

Now, the looks they gave this couple were not quite right; everyone felt that he deserved the beating!

In fact, many people in life are good people; they truly wish that those who actively provoke trouble would properly receive some education.

Isn't it good to be alive? Why must one insist on provoking trouble? Eating is just eating; after drinking a bit of alcohol, do they not even know their own name?

It was in this atmosphere that Lao Xiang's figure appeared at the door of the ward.

Seeing Lao Xiang appear, Xia Dongfang's wife hurriedly stepped forward and said, "Comrade, you've finally come; why hasn't that guy surnamed Wang been arrested yet?"

Lao Xiang coughed and said, "That, Yu Nvshi, I have to tell you something; hey, Wang Yanhao, you come over too, there is now a result regarding your matter."

It turned out that Lao Xiang had spotted Wang Yanhao, who was taking a stroll in the hospital corridor; this guy was already able to run around everywhere.

Seeing a police officer, Pusa Xiong became nervous, but he still walked over.

"Alright, now that you are all here, and Xia Dongfang is listening too, I will brief you: regarding the case that occurred at the coffee shop, because Xia Dongfang failed to reach a Mediation and committed Picking Quarrels and Provoking Trouble, causing Wang Yanhao to sustain a Minor Injury to his arm, you need to be responsible for compensating the other party for the relevant expenses."

"Otherwise, you will be subject to Administrative Detention for fifteen days and fined!"

A Minor Injury does not reach the standard for a Criminal Case.

But for a Minor Injury, you have to handle it yourself; it is best to have a Mediation, otherwise, you will still have to be locked up for a few days.

Xia Dongfang didn't speak; he knew this situation, while his wife continued to ask from the side, "Comrade, what about him? He beat my husband like this; doesn't this count as Intentional Injury?"

Xia Dongfang struck first, and he did indeed injure the other party, so there was really nothing to say about that.

The main thing was to see if the other party would go in.

Lao Xiang shook his head, took out the decision document, and said, "Yu Nvshi, I will now also brief you: regarding the Intentional Injury case involving Wang Yanhao that you reported, after an investigation by the branch bureau, it was determined that his behavior meets the standard for Legitimate Defense!"

"Therefore, the branch bureau has decided not to open a Case Filing!"

Hearing this, Wang Yanhao's nervous heart suddenly vanished, and a smile appeared on his face.

Fang Dazhuang is truly Fang Dazhuang; it seems that in the future, I must learn more Criminal Law.

What? No Case Filing?

Xia Dongfang, lying on the hospital bed, felt his heart ache with pain upon hearing these words, and his wife roared, "No, what is wrong with you people? How is this Legitimate Defense? My Lao Xia is injured like this, and it's still Legitimate Defense?"

"Which law stipulates that beating someone like this is Legitimate Defense!"

Seeing that the other party was very agitated, Lao Xiang said, "Yu Nvshi, don't be agitated yet; this attitude of yours is not the attitude for solving problems. I am here now to explain it clearly to you."

"Look at this decision document: your husband pushed the other party first, and then slapped the other party in the face; at this time, the other party had already started to retreat."

"Therefore, it can be considered that at this moment, the other party had the intention to actively avoid the fight; however, just because the other party said he would not accept Mediation, your husband, after cursing that he would kill the other party, directly swung a chair and smashed it over!"

"Under such circumstances, the other party could consider that his own personal safety was threatened, so taking a counterattack under such circumstances is normal, and it is very necessary!"

Lao Xiang was trying hard to explain, but before his explanation was finished, he was interrupted again.

"What is necessary? Just because it was necessary for him, he could kick my husband like this? He was clearly aiming to cripple him; how can this still be Legitimate Defense?"

Xia Dongfang's wife felt she couldn't understand; he is fine, my husband is injured like this, and then you tell me he is practicing Legitimate Defense and doesn't need to bear any responsibility.

And we still have to pay him for the relevant expenses?

Is there still justice? Is there still law?

Today's sleep-aid chapter, the case is real, only in reality the Court ruled it Legitimate Defense, it was just processed slightly.

Thanks to naihe, Ivan Braginsky, JDHSUF, Crazy SF Immortal, Wenchidage, Qin Shi Mingyue, Pomo Huidanqing, Feimaowuyu, Manic Single Dog, Another Newbie, Dick, Book Friend 2022, Black White Gray Tone, Qingzhou Yuedu, Disciple of the Jie Sect, wife, Autistic Shuoshuo, Soul in the Box, thank you brothers for the tips, thank you.

(End of this chapter)