Law

Is it justifiable defense to be beaten and retaliated while setting up a stall?

2025-11-18   

At the end of October, during the prosecutor's follow-up visit, Zhao had just finished tending to the fields in his hometown. He told the prosecutor, "This year's rainfall is good and the crop harvest is good. I have no burden now and hope for life again." On July 6, 2023, at a certain intersection in Qingshan District, Baotou City, Inner Mongolia Autonomous Region, Zhao and Zhang had a dispute over setting up a stall. Zhang parked the electric tricycle in front of Zhao's stall. After Zhao moved the car away, Zhang grabbed Zhao's clothes and punched him three times in the face. When Zhang wanted to continue punching, Zhao retaliated and Zhang was injured during the fight between the two. After appraisal, Zhang's degree of injury constitutes a second level minor injury. On June 3, 2024, the public security organs transferred the case to the Qingshan District Procuratorate for examination and prosecution on suspicion of intentional injury to Zhao. The investigating prosecutor repeatedly reviewed the on-site surveillance video and analyzed the movement trajectories of both parties frame by frame. It was found that Zhang's attack behavior was continuous and proactive, while Zhao's counterattack only occurred when he faced continuous illegal infringement and did not exceed the necessary limit. Just because Zhao has a criminal record, it cannot be assumed that he has subjective intention to cause intentional harm. "The prosecutor in charge of the case, based on evidence such as injury assessment and witness testimony, clearly proposed the possibility of legitimate defense in the case. To ensure the openness and fairness of case handling, on February 21, 2025, the Qingshan District Procuratorate organized a public hearing and invited people's supervisors and lawyers to participate. At the hearing, the prosecutor in charge of the case introduced the case, presented evidence in detail, and provided explanations and reasoning around controversial issues such as whether illegal infringement is ongoing and whether defense measures are appropriate. After thorough discussion, the hearing members unanimously agreed with the prosecutor's opinion that Zhao constituted legitimate defense and intended not to be prosecuted. On March 7th, the Qingshan District Procuratorate made a non prosecution decision against Zhao in accordance with the law. The prosecutor handling the case mentioned in the last paragraph of the statement of reasons for not prosecuting that Zhang had serious fault in the occurrence of the incident, and his extreme behavior caused damage to Zhao's personal rights and interests. Zhao could retaliate, which is in line with the provisions of the criminal law and the legislative spirit, and also defends the rule of law spirit of "law cannot make concessions to illegality". After the incident, Zhao stopped setting up a stall and returned to his hometown to farm. Handling cases is like farming, planting the seeds of the rule of law in order to gain the trust of the masses in the judiciary, "the prosecutor wrote in the case notes. The handling of this case not only relieved Zhao of the burden of "suspect", but also demonstrated fairness and justice by case. (New Society)

Edit:Wang Shu Ying Responsible editor:Li Jie

Source:Procuratorial Daily

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