In order to protect the grandson to protect his grandson, he was sentenced to punishment.

Polar News commentator Wu Shuangjian

On July 27, the reporter learned from Yang Chengjie, an old man from Hainan's "70 -year -old man to protect his grandson to protect his grandson after the injury. It was believed that the court had previously sentenced the parties to the party with a sentence of 8 months in prison "there may be improper applicable laws, and the referee results may be wrong." (According to the Red Star News on July 27)

This is an old case together, and I have been back and forth for nearly seven years. The incident occurred on August 31, 2017; in July 2019, Yang Chengjie was detained for suspected intentional injury; in November 2020, the Lintao County Court made a first trial judgment and sentenced Yang Chengjie to one year in prison for intentional injury; 2021 In March, Hainan Second Intermediate People's Court made a second trial judgment and sentenced Yang Chengjie to eight months in prison for intentional injury; on June 26, 2021, the Hainan Second Intermediate People's Court rejected Yang Chengjie to appeal; on November 16, 2021, the Hainan High Court rejected Yang Chengjie to appeal Native

A few years have passed, and the elderly are still expressing their dissatisfaction with practical actions. They just feel wronged! Not only did the elderly feel unjust, but netizens felt that he was wronged after seeing the incident.

Yang Chengjie after being released from prison (source: Red Star News)

On the same day, after drinking, Yang Qingquan, holding Yang Chengjie's neck with his hands in a bamboo forest, Yang Chengjie shouted "Let go", but Yang Qingquan refused to let go. The old man stepped forward and chopped Yang Qingquan with a hook knife, causing his minor injury to the level.

The court held that Yang Chengjie's first knife of Yang Qingquan had defense, but after the first knife, Yang Qingquan let go of Yang Chengjie's grandson, which was lifted. The few knives later, it was not a legitimate defense.

This is puzzling. The 70 -year -old man, when he saw his grandson with a 40 -year -old wine, holding his neck, what should I do? Some netizens said, please tell me the standard practices of textbook -style! However, if you think clearly, how can you be regarded as a defense, and if you look forward and hesitant, will the harm be unprepared?

The victim Yang Qingquan was not punished by the law because he did not strangle Yang Chengjie's grandson to death and did not reach this serious consequences. Isn't it the rescue of the elderly?

Under the anxiety, just right defense cannot be so perfect and accurate. As an old man, it is a priority to eliminate the harm to the grandson. At the same time, it is necessary to consider that the dismissal of harm is not the grandson of the elderly, Yang Qingquan, but the ability to dispel his ability to harm his grandson again. Is this a defense?

On September 3, 2020, the Supreme People's Court held a press conference to release the "Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security of the Ministry of Public Security on the Application of the Regardless Defense System in accordance with the law." Based on the specific situation of defense and defense, comprehensively consider the overall passing of the case, combine the possible response of the average person in a similar situation, and accurately grasp the time and limit conditions of the defense according to law. It is necessary to fully consider the urgent state and tension when the defense faces illegal infringement, and prevent the defense of the defender from being calm, objective and accurate under normal circumstances.

"To prevent the defense of the defender from being calm, objective and accurate under normal circumstances", how good is it! This is exactly the voice of netizens. Encourage righteousness and encourage legitimate defense, that is, do not take "calm rationality, objective and accurate" afterwards.

A few days ago, the Second Intermediate People's Court of Hainan Province made a retrial decision on the case and stated that the previous judgment "may have a wrong legal, and there may be errors in the results of the referee." This is undoubtedly a turning point in the case. It is hoped that when the court re -trial, the emergency situation of the incident should be considered. The grandson is in harm the elderly's anxiety, instead of accurately analyzing the first knife, second knife and the like.

The persistence of the elderly has finally made the trial results of the case turning the possibility of turning. We also see that the difficulty and twists and turns of the old man's rights defending rights. Only by dealing with laws and regulations, let good people dare to come forward and let the wicked people punish, this is the original intention of the law.

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