After the incident, the three robbers did not escape far, and the female victim was also chasing and calling for help, indicating that the robbery was still in progress. If according to what the female victim said, the male driver was to save her and just wanted to stop the motorcycle, then the male driver's action of causing casualties on the other side is considered as self-defense and does not fall under excessive defense.
―― Attorney Zhu Yongping from Guangdong Datong Law Firm
Nanfang Daily News reporter Salon, Zhang Zhao, Tu Feng, correspondent Bai Gongxuan, Gong Xuan reported that at around 11 p.m. on January 17, in Lichuan Second Street, Jinsha Street, Baiyun District, Guangzhou, three men robbed a woman and fled on a motorcycle. A male sedan driver hit the three robbers with his car, resulting in one death and two injuries. Yesterday, the robbed female victim Ms. Li told Nanfang Daily that "he (the male driver) was trying to save me, and the collision was an accident."
After the incident, many netizens discussed whether the driver's act of hitting the robber was considered bravery in the face of injustice and whether he should be exempt from liability. Some lawyers stated that the male driver's actions were legitimate self-defense and should be exempt from liability.
The female victim thanked the driver for saving her life.
Yesterday afternoon, due to rain, the incident location Lichuan Second Street was very quiet, with fewer vehicles and pedestrians. Bloodstains could still be seen on the road section, and white marks left by the police indicating the impact position of the car and motorcycle were still present. The neighborhood security guard said that after the incident, there were more police cars patrolling this area. I saw several police officers investigating the visible positions of surveillance cameras on the roadside.
Yesterday, I contacted Weibo user LapK eiO liver-A u, who took many of the scene pictures currently used by many media outlets. The netizen said that when the incident happened, he was walking home on Lichuan Second Road and heard shouts behind him, which he thought were from dog owners. But soon, there was a "bang" sound behind him, and the car had already collided with the three robbers' motorcycle.
Netizen LapK eiO liver-A u said that after the collision, the male driver got out of the car, holding the steering wheel lock. At the time, a woman was sitting in the passenger seat, possibly the driver's wife. The three robbers were all under the car, and the robber lying near the front of the car tried to crawl out but was scared back by the male driver's loud shout. The male driver spoke Mandarin and scolded the robbers: "You're still robbing during the New Year!" Due to the loud collision, many residents and security guards gathered, and the robbers under the car never dared to crawl out again until the police arrived and controlled the robbers.
According to my understanding afterward, the male sedan driver was named Zhang X K, originally from Harbin, about 30 years old, 1.8 meters tall, with a robust build, and a school teacher.
"I can only say he was trying to save me." Yesterday, I contacted Ms. Li, who said that Mr. Zhang was trying to save her at the time and just wanted to stop the motorcycle, but unexpectedly hit the motorcycle, "He didn't intentionally harm anyone; the collision was an accident." Regarding the debate among netizens about whether driving a car to hit the robbers was an act of bravery in the face of injustice, Ms. Li said that bravery in the face of injustice and accidental collisions do not conflict. As for whether she knew Mr. Zhang, Ms. Li did not specify. However, according to netizen LapK eiO liver-A u who was at the scene, it seemed that they did not know each other and that Mr. Zhang chased and hit the robbers after hearing Ms. Li's cries for help.
Lawyer: The sedan driver belongs to legitimate self-defense.
The online discussion about whether driving a car to hit and kill the robber constitutes bravery in the face of injustice and whether it should be exempt from liability was very intense. Yesterday, I interviewed lawyer Zhu Yongping from Guangdong Datong Law Firm, who believed that the sedan driver's actions were legitimate self-defense and should be exempt from liability.
According to Article 20 of China's Criminal Law, if violent crimes such as murder, robbery, rape, or kidnapping are in progress, taking defensive measures that result in the death or injury of the perpetrator do not constitute excessive defense, and no criminal responsibility is incurred. Lawyer Zhu said that whether it is legitimate self-defense depends on whether it is robbery or theft and whether the robbery is still ongoing. In the incident, the three suspects held weapons that seriously threatened the woman's life, which is not simple theft but constitutes robbery. After the incident, the three robbers did not escape far, and Ms. Li was also chasing and calling for help, indicating that the robbery was still in progress. Lawyer Zhu said that if according to Ms. Li's statement, the male driver was trying to save her and just wanted to stop the motorcycle, then the male driver's action of causing casualties on the other side is considered as self-defense and does not fall under excessive defense.
However, Lawyer Zhu also mentioned that since China does not have a law specifically addressing acts of bravery in the face of injustice, the male driver does not belong to the victimized party in the robbery. Whether causing the death or injury of the perpetrator as a third party can be classified as legitimate self-defense is indeed controversial in legal terms. However, Lawyer Zhu said that from the perspective of promoting acts of bravery in the face of injustice, it should be considered legitimate self-defense.
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Police re-announcement did not mention bravery in the face of injustice.
Yesterday, the Guangzhou Baiyun police informed the media that at around 23:00 on January 17, a robbery occurred in Lichuan Second Street, Jinsha Street, Baiyun District. Three suspects, while fleeing on a motorcycle after committing the crime, collided with a small car, resulting in one death and two injuries. After the incident, the Guangzhou police highly valued the case, assigned dedicated police forces to form an investigation team, and conducted comprehensive investigations and evidence collection for the event.
The police have now ascertained that the deceased was named Huang X Ping (male, 26 years old, from Liangkou Town, Conghua) and was a repeat offender, having been previously handled by judicial authorities for robbery crimes. The other two suspects, Su X Fu (male, 30 years old) and Huang X Sheng (male, 31 years old, both from Guangxi), confessed without reservation to using violent means to rob the female victim together with the deceased and admitted to committing multiple previous crimes. The two suspects have currently been criminally detained by the police according to law.