Social documentary: lover with a knife to collect debts, Shanxi woman: how, you still dare to cut me with a knife

2022-05-22 0 By

Uninvited guest Yuncheng, Shanxi Province, lover loans do not lead to murder.Joe so-and-so and MAO so-and-so improper relationship, during this period Joe so-and-so to the defendant MAO so-and-so loan about 70,000 yuan, in daily consumption, MAO so-and-so and spent about 30,000 yuan.There were many arguments over repayment.On September 16, 2021, MAO’s mother Zhang went to Qiao’s home again to collect her debts.After the altercation, Joe picked up bricks ready to beat Zhang so-and-so.MAO learned this, picked up a long knife to Joe so-and-so’s home, Joe shouted at the door “how, you still dare to cut me with a knife?”MAO xx after listening, directly take a knife to Joe xx left back and left big arm cut once.Joe picked up a stick to stop the defendant MAO, then their relatives together MAO uniform.After identification, Qiao degree of injury constitutes a minor injury two, MAO degree of injury constitutes a minor injury.So what is the legal assessment of this case?With pictures need, please do not take the seat of just brother statement one, MAO so-and-so’s behavior has constituted the crime of intentional injury.MAO because his mother was threatened by Joe, with a knife cut Joe’s behavior, is the intentional injury of others, and caused minor injury secondary consequences, so constitute the crime of intentional injury.According to Article 234 of the Criminal Law, whoever intentionally injures another person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.And, MAO mou carries weapon intentionally harm other people’s body, can be punished severely according to law.But MAO so-and-so can truthfully confess the crime, voluntary confession, positive compensation for losses, obtained the victim’s understanding, and Joe so-and-so has a certain fault.Combined with the above MAO so-and-so has a lighter, lighter punishment of the circumstances, the court to MAO so-and-so committed the crime of intentional injury, sentenced to fixed-term imprisonment of one year and two months, suspended for two years.2. MAO’s injury should be borne by himself.MAO mou mou constitutes a minor injury level, although the injury is heavier than Joe so-and-so, but Joe and its relatives do not constitute intentional injury, but justifiable defense.Joe’s use of the stick and other relatives was intended to stop the illegal acts that were taking place. It was stopped after MAO was subdued, did not exceed the limits of obvious necessity, did not cause significant damage, and therefore did not constitute excessive defense.According to Article 20 of the Criminal Law, an act taken to stop an unlawful infringement in order to protect the interests of the State or the public or the personal, property or other rights of one’s own or another person from an ongoing unlawful infringement, thus causing damage to the unlawful infringer, shall be justifiable defence and shall not bear criminal responsibility.Therefore, qiao and his relatives although caused harm to MAO, but because of the legality of the behavior without responsibility.3. Can MAO give up his claim to Qiao?The dispute between MAO so-and-so and Qiao so-and-so is a civil dispute. If the two parties can solve it through consultation, they shall settle it through consultation; if they cannot, they may file a lawsuit with the people’s court according to law.Under normal circumstances, MAO can give up the debt and no longer ask Joe to return it, which is his disposition of his rights, somewhat similar to the meaning of gift.However, if MAO is a married man, he has no right to decide not to let Joe repay.During the term of marriage, if the two parties do not agree on separate property ownership of husband and wife, it is jointly owned by husband and wife.In disposing of the couple’s joint property other than for daily needs, either party shall consult on an equal footing and reach a consensus.Article 8 of the Civil Code stipulates that civil subjects shall not violate laws and public order and good customs when engaging in civil activities.Because of the improper relationship between MAO and Qiao, the abandonment of the creditor’s rights not only damages the interests of his wife, but also violates the public order and good customs and social morality, so the behavior is invalid.Pictures need, please do not enter the conclusion since ancient adultery and death!This sentence is never missed.Joe so-and-so thought he and MAO so-and-so improper relationship, so do not borrow money, but also confident that MAO so-and-so will not take a knife to cut yourself.Really is the ideal is full, the reality is very skinny, in front of the bloody facts, that Joe so-and-so in the lover’s heart is not high above.Since Joe borrowed money, he should pay it back in time.And MAO so-and-so do not know how to collect debts according to law, money did not get, but also give Joe so-and-so to lose money, it seems that this affair is not as important as money which.Man, take the right path!For more highlights, check out what Gungo said