Violent counseling compensation is made to be slightly injured, the procuratorial organ: the other party is justified

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Violent counseling compensation is made to be slightly injured, the procuratorial organ: the other party is justified

2021-11-30 12:05:02 15 ℃

This is the civil dispute, but the parties who have a violent discussion for violence, such a case of prosecuting the parties who have a violent conflict, such a case is prosecuted? After review, the procuratorate believes that the behavior is justified, and it is not prosecuted according to law.

Recently, the Chengdu People's Procuratorate issued a typical case of Chengdu Procuratorate in 2020, which is selected by the Daxie County People's Procuratorate.

【Typical Case】

Zou Qing (pseudonym) Operating the bar in a town in Datun County, because of the suspected neighborhood Xiao Yan (pseudonym), complaining with the noise of the bar, and spreading the pavement of Xiao Yan. On the problem of damages, the two sides have not negotiated.

On the evening of May 13, 2019, Xiao Yan took Zou Qing, who was eating the barbecue, and asked Zou Qing to compensate the losses of the shutter door, and the two sides had a mouth angle. Xiao Yan pushed Zou Qing and punched Zou Qing's head, Zou Qing slammed the beer mug on the table, and smashed into Xiao Yan face, and Zhaoxi had more frustration. It was identified that Xiao Yan damage constitute a slight injury level.

After accepting the case, the Daxie County People's Procuratorate guided the investigation authority to supplement the medical records of the parties, involving evidence such as materials for disputes, and visiting the on-site investigation and lays the foundation for follow-up.

The procuratorate review believes that Zou Qing is in order to protect my personal rights from the actual illegal infringement, and the behavior of stopping the violation is to cause damage to illegal humanity, which is a legitimate defense, not criminal responsibility. Prosecution treatment.

When the procuratorate delivered to Xiao Yan, it was fully interpreted, clarifically, clarifies the illegality of his beatings and Zou Qing defense behavior, and inform it that it can take legal way to solve civil disputes. Xiao Yan finally recognized the results of the procuratorial organ, and said it would resolve the dispute between Zou Qing through legal procedures.

[Typical mean]

The case is reasonable to determine the defense behavior caused by folk contradictions, accurately apply the legitimate defense terms. Due to the dispute between folk contradictions, the case of fighting, there is still a defense space, can't be derived or not dependent on factors such as private contradictions. The case is accurately applied to the legitimate defense provisions, highlighting the judicial concept of "law that cannot be confusing", and guide the public to maintain their rights and interests.

Procuratorate strengthens interpretation, resolves social contradictions, based on consequences, is the result of consequences, is a non-mapped basis, focusing on contradictions behind the case. The fact that the facts and legal applications explain to the parties, to reasonable and detailed interpretation, effectively resolve the contradiction disputes between the two sides, and have a case in the procuratorial link.