The Beijing No. 1 Intermediate People’s Court declared yesterday that 22-year-old Wu Jinyan used reasonable force to defend herself when she stabbed a man to death last year. The court acquitted her of any criminal or civil liability.
In September last year, Wu, a hotel waitress in Beijing’s Haidian District, was awakened by three drunken men who rushed into her room at midnight. Wu shared the room with two other waitresses, including a woman surnamed Yin.
Sun, one of the men, pulled Yin’s quilt off of her and began to beat her in the face and chest. He began to force Yin out of the room, tearing her pajamas and baring her breasts.
Wu attempted to stop Sun and he turned on her, beating her and pulling her clothing off. Wu got away and picked up a knife to defend herself.
Sun and another man, surnamed Zhang, left the room. The third man, Li, stayed and began beating Wu with a metal lock. Wu stabbed Li in the chest, killing him.
Local police arrested Wu the day of the attack and the public procurator charged her with the crime of willful and malicious injury resulting in death.
Li’s parents requested compensation in the amount of 227,000 yuan (US$27,400).
The Beijing No. 1 Intermediate People’s Court found that Wu had acted in self-defense and that her use of the knife was justified.
“The actions of Li and the other two men were serious enough to endanger Wu’s life. Wu had no choice but to defend herself,” the final judgment said.
The Criminal Law gives citizens unlimited rights of defense when they are the victims of violent crimes endangering their lives. The General Principles of Civil Law state that a person using justifiable force in self-defense should not bear civil liability.
(China Daily September 17, 2004)
