As a female netizen named "Baihuarong" who invited Sheng Chunping to meet in Tonglu County, Hangzhou City, Zhejiang Province, she admitted that she was assigned a task to pick up people at the station.

Sheng Chunping’s intentional injury case related to the case file and the decision not to prosecute made by the Hangzhou Municipal Procuratorate.

"I think it is fair to make a decision not to prosecute Sheng Chunping." Guo said in an interview.

repeatedly asked to go out but was rejected

urgently was hit by him with a knife and stabbed

July 9, 2018, a female netizen named "Baihuarong" took the initiative to join Sheng Chunping as her friend. Since then, the two have contacted each other through QQ almost every day.

"We have a trend of gradually developing towards boyfriend and girlfriend. 'Baihuarong' told me that she was a waiter in a supermarket in Hangzhou and asked me to meet in Hangzhou. If it is appropriate, I can date." Sheng Chunping's interrogation record showed.

On July 29, 2018, Sheng Chunping purchased a bus ticket from Shandong to Hangzhou. It was already early morning on July 30 when I arrived in Hangzhou. After dawn, Sheng Chunping received a call from "Baihuarong" and asked him to buy a ticket and go directly to Tonglu County.

After arriving in Tonglu, "Baihuarong" brought a female friend to pick up the station. The three of them took a taxi to KFC next to a supermarket and chatted for 2 hours. Later, "Baihuarong" and others took Sheng Chunping to a rental house in an old community.

In the living room of the rental house, Sheng Chunping met the "cousin" mentioned by "Baihuarong". Sheng Chunping was persuaded to rest in the bedroom. He began to feel something was wrong and said he wanted to go to the bathroom. "Baihuarong" female friend said, "The toilet is blocked." At this moment, Sheng Chunping had even bigger questions and thought of going outside. "Baihuarong"'s cousin knocked on the bedroom door. At this time, a man in white clothes, Cheng Mouqiang walked out of the bedroom. Sheng Chunping repeatedly asked to go out, but the other party still did not open the door.

"I'm going out, you guys let me go." Sheng Chunping took out a fruit knife from his pocket and begged.

was rejected, the four people in the living room began to gradually approach Sheng Chunping and advised him to put away his knife. After a stalemate for a while, "Baihuarong" said that he could let him go. When Sheng Chunping was about to reach the door, "Baihuarong" called out to the bedroom to uncle. At this time, three more men came out of the bedroom to surround him.

"If you want money, I can give it to you all." Sheng Chunping said in horror.

Cheng and others began to snatch the knife in Sheng Chunping's hand. Sheng Chunping waved the knife in panic, scratching Cheng Mouqiang's right wrist and left neck, and stabbing Cheng Mouqiang's left chest.

"He is injured, hurry up and take him to the hospital." After Sheng Chunping finished speaking, he gave up his luggage and snatched out of the door.

On the same day, "Baihuarong" and others forced Cheng to the hospital for treatment. On August 4, 2018, after Cheng Mouqiang was discharged from the hospital, he continued to undergo rehabilitation treatment without following the doctor's advice. On August 11, Cheng Mouqiang suddenly fell into a coma at a pyramid scheme den and was sent to the hospital for rescue but died. After forensic identification, Cheng Mouqiang's left chest was stabbed by a sharp jab, causing the heart to rupture, and continued bleeding during the healing process, which eventually caused pericardial tampon and death.

The Tonglu County Public Security Bureau of Hangzhou City accepted the report and filed an investigation on August 12, 2018. On August 13, 2018, Sheng Chunping was criminally detained in Shandong. On August 27 of the same year, the arrest was executed in accordance with the law with the approval of the Tonglu County Procuratorate of Hangzhou. On October 24, 2018, the case was transferred to the Hangzhou Tonglu County Procuratorate for trial and prosecution. On November 20 of the same year, the court submitted the case to the Hangzhou Municipal Procuratorate for trial and prosecution decision.

The procuratorate determined that it was a legitimate defense

The facts and legal basis are sufficient

Sheng Chunping's young master Wang said when he was questioned after the incident that although Sheng Chunping was not talking much, he was not introverted. He usually went home after get off work and was more enthusiastic. He usually had a good relationship with friends and colleagues, and he had never heard of fighting or something.

"The fruit knife at the time of the incident was bought before and has been kept in the desk drawer at home for about 5 years." Sheng Chunping's father's inquiry record showed.

0 The Spring Festival couplets of "Good life and prosperity" are posted on the door of the pyramid scheme den.

During the review, the Hangzhou Municipal Procuratorate believed that when the case occurred, Sheng Chunping did not know that the other party was a pyramid scheme organization member, nor did he know the other party’s intentions. At the same time, the case happened very shortly, and after entering the pyramid scheme den, Sheng Chunping's fear continued to increase. Sheng Chunping waved with the fruit knife he carried with him, in order to escape, so he stabbed Cheng Mouqiang who came forward to grab the knife while wielding.

On March 22, in accordance with the provisions of Article 177, paragraph 1 of the Criminal Procedure Law of the People's Republic of China, the Hangzhou Municipal Procuratorate made a decision not to prosecute Sheng Chunping, suspected of intentional injury, and determined that Sheng Chunping's behavior was self-defense and did not bear criminal responsibility in accordance with the law.

In an interview with reporters, Guo said that before entering and leaving the rental house, she told Sheng Chunping that there were three men and two women living in the room. Later, after Cheng forced her out, Sheng Chunping felt that the number of people was wrong and was being persuaded to enter the bedroom. Sheng Chunping might be scared, so he took out a fruit knife from his right pocket.

"In this case, we need to pay attention to when determining the nature of the behavior: Sheng Chunping's choice of defensive behavior is reasonable and necessary. First, the balance of personnel between the two parties at the time of the incident of was very different, and Sheng Chunping could not achieve the purpose of defense without the help of defense tools; Second, the environment at the time of was closed and isolated. Sheng Chunping was in a panic and terrified environment, his body and mind were in a state of stress, and he required him to make an accurate judgment on the choice of defense means and the control of the degree of defense, which was neither objective nor reasonable; Third, When the two sides confronted each other, Sheng Chunping first avoided and then took out a fruit knife to warn him. He also took the knife while retreating to the door, and there was no intention or act of deliberately causing harm. Fourth, Sheng Chunping did not deliberately choose tools, but held a folding fruit knife for daily use. Fifth, only one of the illegal infringers was stabbed in defense, and no further infringement was carried out. Then he gave up his luggage and escaped from the scene in a hurry, which was enough to reflect his defense purpose. "Zhang Hongge, director of the Public Prosecution Department of Hangzhou Procuratorate, said in an interview.

Zhang Hongge said that after the incident, Cheng Mou was injured and sent to the hospital. After treatment, his injury was stable and his vital signs were stable. After being discharged from the hospital, the hospital advises him to go to the local hospital for further rehabilitation and treatment, pay attention to rest, avoid emotional excitement, prevent infection, and pay attention to rehabilitation and exercise. However, Cheng Mouqiang and the pyramid scheme staff did not follow the doctor's advice to enter the local hospital for further rehabilitation and treatment, and they were neglected to send the hospital and neglected to take care of it, which led to Cheng Mouqiang's sudden coma in the pyramid scheme den and was sent to the hospital for rescue and died. It can be seen that there are multiple factors in the occurrence of Cheng Mouqiang's death result, and the final result cannot be used as the only factor to judge whether the defense behavior exceeds the necessary limit.

Real life is complicated and complex

Illegal infringement judgment requires comprehensive weighing

"I was deceived into a pyramid scheme organization in April 2017. If I hadn't been cheated at that time, I might have been married now." Guo's eyes were filled with a hint of longing.

The walls of the prison exhibition hall are printed with photos of club activities. It is not difficult to see that the cultural atmosphere of Zhejiang Women's Prison is quite strong. This is also a rare comfort to Guo's heart. "The regulations here are relatively strict, which is a good thing. It just happens that I can atone for the wrong things I did before," said Guo.

As the crackdown on pyramid schemes continues to increase, pyramid schemes have become more hidden and the personal control of those involved in pyramid schemes has become more stringent. is often accompanied by violent crimes such as illegal detention, intentional injury, and robbery in pyramid schemes., Guo, who has been in the pyramid scheme organization for nearly two years, told reporters that "newcomers" will not leave immediately after they come in, and they usually have to be inspected for a period of time. During the inspection, if the "newcomer" is disobedient, he will be punished for certain corporal punishment, such as standing and squatting, or even being thrown cold water or slapped in the face.

Zhang Mingkai, a professor at the School of Law of Tsinghua University, believes that when judging whether the defense behavior has expired, cannot only compare the infringement caused by the illegal infringer with the damage caused by the defender, but also compare the possible infringement caused by the illegal infringer with the damage caused by the defender. This is because the infringement that may not be caused by the illegal infringer is the result of the defensive behavior carried out by the defender. Unlike emergency risk avoidance, the damage caused by self-defense can be greater than the damage caused by illegal infringement. It cannot be believed that as long as serious injuries are caused and illegal infringement is not a violent crime that seriously endangers personal safety, such as an ongoing crime, it is considered excessive defense.

The reporter talked with Sheng Chunping over the phone for more than 10 minutes. For Sheng Chunping, the party who has returned to the normal track of life, he has gratitude to the law to give him fairness, and also has the expectation that life will not be disturbed and return to peace. (Text: Shi Zhaokun Picture: Cheng Ding Video: Supreme Procuratorate Film and Television Center)