the man challenged the driver to hit him, and he did!
2024-09-15
한어Русский языкEnglishFrançaisIndonesianSanskrit日本語DeutschPortuguêsΕλληνικάespañolItalianoSuomalainenLatina
recently, the media reported that a man had an argument with a private car owner, blocked the car and prevented the other party from leaving.he shouted, "are you going to hit me?" to his surprise, the driver didn't hold back and stepped on the accelerator to run over him., the man screamed in pain.
regarding this incident,some netizens believe that "the man's behavior of asking the driver to hit him is an invitation, the driver's driving and hitting him was a promise, and the two had reached a verbal agreement, so the driver did not have to bear responsibility. "xu wei, partner of beijing jingdu law firm, said,legally, "this argument doesn't work"。
xu wei introduced that my country's criminal law only stipulates "legitimate defense" and "emergency avoidance" in eliminating socially harmful behaviors, butin judicial practice, the issue of "victim's commitment" has been recognized to a certain extent.。
the victim's promise is also called "the victim's consent".refers to the act of preventing crime based on the victim's promise to allow others to infringe upon his or her disposable rights.it is of great significance for the criminal liability of the perpetrator, which can reduce the blameworthiness of the behavior and even exclude the illegality of the perpetrator's behavior.
for crimes that require violation of the victim's will, such as rape, illegal entry into a residence, forced molestation, insult, etc.if the victim agrees to carry out the act, the perpetrator's behavior does not constitute a crime and he does not bear criminal responsibility.. however, some crimes, such as intentional homicide and intentional injury,the victim's promise cannot be used to prevent the existence of illegal grounds, but it can be used as a reason to reduce criminal responsibility.。
“so in this case,the man's shouting "hit me!" is a provocative act, which does not fall under the legal requirement of the victim's consent and does not relieve the driver of responsibility for hitting him."xu wei said that if the driver caused minor injuries to the man, he would be subject to public security punishment and face fines, detention and other penalties. if the man was slightly or even seriously injured, he might be suspected of intentional injury and would need to bear the corresponding criminal responsibility and civil compensation liability for injuring the man. however, when the court heard the case,generally, the driver may be given a lighter punishment because the man's shouting and other behaviors promoted the development of the case.。
xu wei reminded that such scenes are not uncommon in reality. in the final analysis, no matter how unreasonable the other party is,the best policy is to stay calm and handle the problem legally and reasonablyacting impulsively will not solve the problem, it will only make the situation worse.in the face of provocation, "step back and the sky will be clear", or seek a better solution, such as calling the police, in order to quickly resolve the problem and safeguard your legitimate rights and interests.
(source: china national radio)
