The victim had a verbal altercation with L’s husband. When L intervened, a physical struggle followed and L struck the victim’s face with an empty beer bottle. Forensic examination recorded an open wound constituting minor injury. The police relied on witness statements, physical evidence, the forensic report and video footage.

Issues

Whether L’s conduct constituted self-defence under the Supreme People’s Court, Supreme People’s Procuratorate and Ministry of Public Security guidance; and whether a non-prosecution decision was available.

Outcome

The firm argued that L acted to stop an ongoing attack on her husband and that the force used was proportionate to the immediate threat. The procuratorate accepted the submissions and withdrew the prosecution.

Note

Self-defence claims in China succeed on the timing and proportionality of the response; the evidential work is done in the first hours after the incident.