Analysis Of Xiao's Being Acquitted From The Sue With Crime Of Intentional Violence

Xiao was acquitted although he was sued with crime of intentional violence,which was announced by the people's Court of Haicang District,Xiamen City,Fujian Province in 2017.It was a case of suspected intentional injury caused by traffic accident dispute.The procuratorate sued Xiao to court for intentional violence.Whether Xiao hit Luo firstly and whether Xiao kicked at Luo after Luo fell on the ground could not be described clearly,so the public prosecution organ did not determine that the defendant Xiao had the nature of justifiable defense in indictment.The clarified establishment conditions of justifiable defense and the burden of proof could be good helpers to identify the justifiable defense and fistfight,justifiable defense and excessive defense.These two actions seem to be similar,but there is essential difference on the subjective and objective judgement standard.In the aspect of subjectivity,whether the actor is equipped with “intention of defense” is one of key points to identify these two actions.As to whether the actor is equipped with the purpose of preventing illegal infringement,the author thinks there should be requirements for broad generalization.The nature of justifiable defense should not be denied with the evidence that the actor does not have the purpose to stop the illegal infringement.In the aspect of objectivity,the distinguish standard to distinguish justifiable defense and afterwards defense is that the existing illegal infringement must be present and urgent.The defense method of actor does not surpass the standard of “necessity”.The judicial office could not turn down thedefense method of actor surpassing “necessity” with the expansion of damage results of defender.In a case,when the defense of defendant could not be judged to be justifiable or not for the unclear fact or insufficient evidence,the adverse consequences for the prosecution is that the charge could not be proven for the insufficient evidences to prove that the defendant has no nature of justifiable defense.If the prosecution and the defense have a huge difference or dispute on whether the defendant has the act of justifiable defense or not,the prosecution should put to the proof that defendant is not equipped with the nature of justifiable defense;or the prosecution should bear correspondent burden of proof.