According to reports (by reporter Siya Sun), a man named Feng Jiming, after being chased and beaten by others with a stick, stabbed the other party to death with a broken bottle. Yesterday, it was learned that the No. 1 Intermediate People's Court of Beijing determined that Feng Jiming was guilty of intentional homicide, but it was excessive self-defense, sentencing him to 8 years in prison.
The prosecution charged that around midnight on April 21, 2011, Feng Jiming and others were near the east side of Building 10, Qingxiuyuan South District, Yanping Road, Changping District. A quarrel over trivial matters occurred between them and Zheng Mou, who then chased and beat Feng Jiming with a metal forked stick. Subsequently, Feng Jiming stabbed Zheng Mou in the face, neck, and other areas with a broken beer bottle, causing Zheng Mou to die from acute hemorrhagic shock. After committing the crime, Feng Jiming surrendered on the same day.
The court believed that Feng Jiming's defensive actions clearly exceeded the necessary limits, constituting intentional homicide. Considering that he voluntarily turned himself in after the incident and his family had reached a settlement with Zheng Mou's family regarding civil compensation and obtained their forgiveness, Feng Jiming was sentenced to 8 years in prison.
■ Trial Focus
During the trial process, the prosecution and defense counsel debated over two focal points:
1. Whether Feng Jiming's actions constituted excessive self-defense.
2. Whether Feng Jiming committed intentional homicide or intentional injury leading to death. The judge provided an explanation for this special case.
Focus 1: Was it excessive self-defense?
The judge believed that during the initial stage of the incident, Zheng Mou insulted Feng Jiming and others, triggering an argument. Feng Jiming broke a beer bottle and held it in his hand while confronting Zheng Mou. If a fight had occurred at that moment, since both parties had the intention to harm each other, it could have excluded any act of self-defense. However, someone intervened and prevented any physical contact. Feng Jiming had already left the scene of the argument and chose to actively avoid and retreat.
Afterward, Zheng Mou pursued Feng Jiming with a stick and struck him first, which constituted an attack on Feng Jiming. Feng Jiming had the right to take necessary measures to stop the attack. The court adopted the lawyer's opinion, determining that Feng Jiming's actions constituted excessive self-defense.
Focus 2: Intentional homicide or intentional injury?
The judge believed that the tool used by Feng Jiming - the broken beer bottle - was a sharp object that would inevitably lead to injuries or even death. Based on the location and number of stabs inflicted on Zheng Mou, it was sufficient to be fatal. The court believed that Feng Jiming should have been fully aware that his actions could result in Zheng Mou's death.
However, Feng Jiming carried out the stabbing under the premise of self-defense, and there was no evidence proving that Feng Jiming had a direct intention to pursue Zheng Mou's death.
The court believed that Feng Jiming's actions endangered the victim's life and showed a reckless attitude, thus qualifying as indirect intentional homicide. Therefore, the court adopted the prosecution's opinion, concluding that Feng Jiming had committed intentional homicide.