During the spring of this year, a man who had been bitten by his neighbor's dog and killed his dog was beaten to death, and zhao and his husband, kwok hoi, and relatives of his family broke into the dog's house on the night of the incident and beat him with his father, shang yiyan. In the process, shin took up the knife by the window, stabbing kwok and his relatives, and he died as a result of the rescue. Then the prosecution is suspectedIntentional injuryThe charges were brought against shen siang, and the yang zhui evening newspaper/choose reporter was informed by ms. Shin, the accused's family, that the first hearing in the case would take place on 13 november at the intermediate people's court of the city of shanxi. "i was there at the time of the incident, and i think my father acted likeSelf-defenceI don't know. However, the victim's wife told the journalists that they had only argued and did not do anything, and that at the time of the incident, his husband, from entering the neighbour's house to being stabbed, had been “convinced that the law was fair and just”
Indictment discloses details of the case
The family claimed that the defendant was in self-defence
The defendant's family, ms. Shin, told the journalist that she was at home on the day of the incident, “that day my brother was going to take a bucket of mine water and get in the car, was bitten by a dog attached to the next door and then my brother dumped the dog directly on the floor”. According to ms. Shin, the brother did not know that the dog was dead until he came back from the water and found the dog lying on the ground, and then tried to talk to the neighbor. “but the other side was not very good, and my brother went to the police station to talk to the police, and the other side refused to deal with it.”
According to the indictment, at around 1500 hours on 30 january 2025, the son of the accused, shin, was bitten by a dog attached to the road by the victim's family, who fell to his death. After informing his family of the matter, his wife had failed to negotiate with her voice, and then called the police, the police contacted her to the police station, where she had not cooperated。
The defendant's house glass was broken
Ms. Shin stated that, at more than 7 p. M. On the night of the incident, the owner of the dog broke open her house door and brought in a large number of people, “they were smashing everything in our yard and the kitchen glass was broken. My father's 60 years old, so many of them are beating. My father, my mother and i, who were also beaten down, forced my father to stand in the yard against the corner of the window and put a knife on the window over there to kill the fish, and my father took it up against them and died.”
According to the indictment, at about 1900 hours on the day of the incident, zhao, a brother-in-law, han, and his nephew, liu, came to shin's house and shouted at shen to open the door. The three men broke the glass and han kicked the door. There was an argument in the courtyard. Neighbors heard the argument and then went to shin's family to persuade them. The daughter of kwok chiu has come to shen yiang's house to argue. He then came out of his home and entered the family home of shen yi, and zhao zhou followed zhou zhou zhou, zhao zhou zhou zhou, han and shen zhou zian and his wife and daughters to the east end of the living room of the yard, stabbing him with a knife and stabbing him on the window table. It has been established that kwok was stabbed several times by a single-edged weapon to cause severe bleeding to the left artery and death from a haemorrhagic shock. The prosecution filed an indictment against a certain party for intentional assault。
Ms. Shin stated that after the incident, his father had multiple bruises on his body and broken his nose. According to the hospital medical records provided by ms. Shin on the day of the crime, shin had a fractured right side of his nose and suffered multiple soft tissue injuries. “three of the neighbours were also charged by the police with trespassing on their homes. At this hearing, we considered the father's actions to be self-defence.”
The victim's family says they didn't do it
Counsel analyzes self-defence
On 12 november, yang ziqiang/violent journalist contacted the victim's wife, zhao zhou zhou, who stated that when they entered the courtyard on the day of the crime, they went empty-handed and did not carry any tools, “we admit to breaking the glass in their kitchen, but we only quarreled with their families in the courtyard and kept some distance, did not do anything and did not surround them. Then we were all ready to go, and my husband came into their yard, and he had only a dozen seconds until he was stabbed.”
With regard to the fact that the family of the accused believed that the accused had acted in self-defence, ms. Zhao told the journalist that she had not seen any marks on the accused's body and that she believed that the law was fair and just, “we have also consulted with the relevant case handlers, who have stated that the case in no way constitutes self-defence”. Ms. Zhao did not respond positively to whether three of her relatives had been charged with trespassing on their home and allowed to contact her lawyer. Furthermore, ms. Zhao did not wish to dwell on the other issues raised by the journalists in this case。
The night of the murder
Whether or not the accused acted in self-defence in this case, ying zi evening newspaper/violent journalist consulted a number of lawyers. According to zhao liangcheng, a senior partner in the shunxi xingda law firm, known as the criminal advocate, the defence must meet the five core elements of our law and judicial practice, namely, the existence of a real and socially harmful violation of the law; the fact that the violation of the law is in progress and has not been brought to an end; the subjective intention of the perpetrator to defend his legitimate rights and interests; the fact that the act of defence must be committed against the offender himself; and the fact that the defence must not cause significant harm beyond the necessary limits。
According to zhao, according to the information available, there are some conditions that are compatible with self-defence, such as the fact that one of the victims broke into shin's house by knocking on the door, and that he was beaten up with shin's family, which was an ongoing violation, and that shin had a defensive intent to defend himself against the other. At the same time, however, there is controversy as to whether, on the one hand, the parties disagree on the key facts, with the accused claiming to have been beaten by many and the injured denying to do so, and, on the other hand, with regard to the limits of defence, whether the means of defence that match the intensity of the attack on the other side are essential to the determination of self-defence. The final conclusion would need to be determined by the court together with the evidence。
The director of the well-known lawyer, henan zedhiya, concluded that the dispute in the present case was whether it was urgent and reasonable to pose a danger, and that if a party broke glass, kicked the door into the house, and carried out an armed assault, and carried out an act of assault, the possession of a knife could constitute a defence. If there is only a conflict between words and simple limbs, it is beyond the limits of necessity and is not a defence。
