Let's start with a case! 2065438+016122 On October, Wang Qing, a farmer in Guilin, found two men suspected of stealing dogs and hurried to catch up. As a result, the opponent's motorcycle hit a tree while chasing, causing 1 death and 1 injury. Afterwards, Wang Qing was detained by the police on suspicion of negligent death, and more than 200 local villagers also signed a letter to plead for Wang Qing. 20 16 12.6, Lingui procuratorate decided not to approve the arrest of Wang Qing after detailed examination, and Lingui police released Wang Qing on bail pending trial according to law. After Wang Qing was released, the family of the deceased refused to accept it, so they chose to sue Wang Qing and another dog thief, Xu, and claimed more than 348,000 yuan. The Lingui District Court of Guilin City, Guangxi made the following judgment: "The fact that the family members of the deceased requested compensation from Yvonne Wang and Xu was unclear and the evidence was insufficient. The court refused to support it. The judgment rejected the claim of the deceased's family Hou and others, and the case acceptance fee was 6,523 yuan, which was borne by the deceased's family. "
The thief entered the residents' home and was found by the owner. The master must catch him, and the thief must try to run away. There will inevitably be disputes and tears between the two sides. In this process, the owner will hurt the other party, as long as he is not killed or disabled, he does not need to bear the responsibility. The thief makes a small mistake, and the owner accidentally hurts the other party. It can be characterized as self-defense and should not be held responsible. If the lawsuit goes to court, you will only earn shame and get no money.
Definition of justifiable defense: In order to protect the state, public interests, personal, property and other rights of oneself or others from ongoing unlawful infringement, stopping unlawful infringement and causing damage to the unlawful infringer, it belongs to justifiable defense and does not bear criminal responsibility.
Second, "the fourth brother has the law to say" it is not recommended to smash thieves! Some people may ask, why? Thieves protect animals? Thieves do not protect animals. The problem is that thieves often die without being beaten. Thieves should be punished for illegal crimes, but the punishment for thieves should be carried out by judicial organs according to law. It is illegal and criminal for citizens to punish thieves in court by using the public power that should be implemented by the judicial organs! According to the law of our country, when one's legitimate rights and interests are infringed, one can use private relief to catch the thief to recover the money and hand him over to the public security organ. In view of this incident, it is the law that gives citizens the right to self-defense, but does not give car owners the right to punish thieves.
If a thief is caught, he will not be caught honestly. When catching thieves, citizens can use appropriate violence to subdue thieves. If the thief violently resists by threatening the personal safety of others, citizens can subdue him with greater and more symmetrical violence. In the process of arrest, if the thief is injured due to pulling, controlling, wrestling and other acts, the owner or other courageous people need not bear legal responsibility. If the thief is punished because of anger after the thief is controlled, and the thief is injured, it is intentional injury. Ordinary citizens do not have this right to punish, and if they exceed this authority, they will bear corresponding legal responsibilities. In view of the problem, if the owner causes minor injuries in the process of punishing the thief, the owner constitutes a crime of intentional injury and needs to pay civil compensation to the thief.
Third, related cases: Case 1:
A box of pig bones was stolen from a butcher shop in Beijing. After the clerk caught the thief, the shopkeeper and the clerk punched and kicked the thief, causing the thief to die on the spot due to craniocerebral injury. After trial, the court held that the four defendants who were beaten constituted the crime of intentional injury and were sentenced to fixed-term imprisonment 12 years to fixed-term imprisonment of 3 years, with a suspended sentence of 3 years; The butcher committed perjury and was sentenced to fixed-term imprisonment 1 year, suspended 1 year.
Case 2:
Seeing a man smashing the window, Chen Mou, Pumou and others in Liuzhou suspected that he was a thief, so they went forward and beat him. The man who was beaten was unfortunately seriously injured and died. The four batters were sentenced to seven years to ten years and six months respectively.
Case 3:
Liu Ling, a thief in Cixi City, was found by the owner when he pried a motorcycle, and was chased by four or five youths. After catching up, he put a woven bag on Liu Ling's head, punched and kicked, and the thief died! After forensic identification, Liu Ling suffered from severe craniocerebral trauma, subdural hemorrhage and brain contusion and laceration. The Cixi court held that the owner and others constituted the crime of intentional injury, and sentenced them to fixed-term imprisonment ranging from 3 years to 10 years respectively, and compensated the deceased for 330,000 yuan.
Fourth, the conclusion belongs to the victim, because his property was stolen, and helping others catch thieves is a courageous act. If you cause unnecessary harm in the process of catching thieves and punishing them, you will be punished by law. Is it not worth the loss? A society ruled by law must act according to law, and law is a weapon to protect itself. If you break the law, the law becomes a torture device to punish yourself!