"Chinatown"-Official media of Chinese Australians

Abstract|Witnessing his wife being raped, the husband was angry and hacked to death the perpetrator with a kitchen knife. He was eventually sentenced to life imprisonment. On the 18th, the court responded to whether the sentencing was reasonable and stated that the deceased had insufficient evidence of rape and the defendant was not a legitimate defense.

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[Event Review]

Husband was raped when his wife went out

Since February 2006, Tian and his wife went to work in a car decoration service department in Ruian. They were arranged by the company to live in the employee dormitory on the third floor, and Zhang also lived on the third floor. On the evening of March 2 that year, Zhang, who had long coveted Tian's wife, finally waited for his chance.

Tian's wife said that at that time, her husband happened to be out for a walk, and Zhang took the opportunity to rape her.

When Tian returned to the door on the third floor of the dormitory, he heard his wife shouting "No, no" in the dormitory. He hurriedly climbed in from the side window and found that Zhang was pressing on his wife, who was struggling desperately. Zhang got off the bed when he saw Tian coming in.

Husband hacked to death with a kitchen knife in anger

Tian immediately became angry and rushed forward to fight with Zhang. "The husband first smashed the liquor bottle, and later, he took the kitchen knife until he chopped down the other party to the ground, and cut a big cut in his neck." Tian's wife said.

"I couldn't beat the opponent, so I took a kitchen knife." Tian said, he hacked at Zhang, and then Zhang fell to the ground. Tian was panicked when he saw Zhang lying motionless on the ground, threw the kitchen knife in the room, changed a pair of pants, and ran away with his wife.

After the trial, the Wenzhou Intermediate People's Court held that Tian had illegally deprived others of their lives and caused one person's death. His behavior constituted intentional homicide and was eventually sentenced to life imprisonment.

[Court response]

1. Is the victim's behavior a lack of evidence of rape?

After investigation, Tian Renxin, his wife Luo and the victim Zhang were all workmates. The three of them lived in a room in the staff dormitory and had a close relationship. After the incident, Luo immediately fled with Tian Renxin and did not cooperate with the investigation by the official competition organ. It took as long as 8 years before the crime was accused of raping himself. However, because Zhang was already dead, there were no witnesses at the scene, and no relevant physical evidence (such as the victim's semen or other traces) to confirm it. Although Tian Renxin confessed that he saw Luo lying on his back on the bed, Zhang was pressed against Luo, and Zhang saw that he came in, he got out of the bed and lifted his pants, but his confession could not confirm Zhang's behavior It's rape. According to the rules of evidence admissibility,In this case, it can only be determined that Zhang had committed an unlawful infringement on Luo, and the evidence that Zhang had raped Luo was insufficient.

2. The defendant does not belong to legitimate defense

Tian Renxin confessed that he only fought with Zhang after seeing Zhang getting off the bed and lifting his pants. According to Article 8 of the Criminal Law, the condition of justifiable defense or excessive defense is to require that illegal infringement is ongoing. After Zhang's unlawful infringement of Luo stopped, Tian Renxin's act of attacking Zhang with a knife in retaliation did not constitute justified defense or excessive defense in the sense of criminal law. The cause of this case was that Zhang had committed an unlawful infringement on Luo, Zhang had a major subjective fault, and Tian Renxin was able to surrender after the case, so he can be given a lighter punishment. However, because Tian Renxin hacked Zhang with more than XNUMX knives in retaliation without considering the consequences, the criminal method was cruel, he absconded for XNUMX years, and did not make any civil compensation, so the law did not impose a more severe and lighter punishment in the judgment. , But sentenced the defendant Tian Renxin to life imprisonment according to law. After the verdict, the defendant Tian Renxin pleaded guilty and pleaded guilty, but did not appeal, and the public prosecutor did not file a protest.

[Netizen opinion]

The husband was sentenced to life injustice and the court was totally unreasonable?

Even if the crime of intentional homicide is convicted, the lesser case can still be sentenced to less than ten years. Looking back on this case, the facts of the rape have been confirmed by the court. The victim Zhang was raped Tian's wife and heard his wife struggling to say "no" or "no". As long as he is a man, he should beat the perpetrator? What's more, they were raped at home. If you find this kind of thing at home in the United States, let alone hacking people, can you shoot? Tian was fought with the victim at the time, and found out that he could not beat him and then hacked people. It might also be a "manslaughter". Therefore, netizens believe that not only the sentencing in this case is difficult to be convinced, but the conviction is also open to question.

Article reprinted from Sina News

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