Legal issues, but also to explain justifiable defense

Justifiable defense refers to an act carried out against a non-infringer to stop the unlawful infringement of the non-infringer in order to protect the state, the public interest, the person, property and other rights of oneself or others from an ongoing unlawful infringement and does not clearly exceed the necessary limit.

Justifiable defense is divided into general justifiable defense and special justifiable defense.

General justifiable defense: 1. Cause conditions: there is a real unlawful infringement, and the unlawful infringement is aggressive, destructive, and urgent; 2. Time conditions:

The unlawful infringement is ongoing; 3. Object conditions: for the unlawful infringement of the person, that is, it can be aimed at both his person and his property; 4. Subjective conditions: with defensive intent, defensive provocation and mutual brawl are generally not legitimate defense; 5. Limit conditions:

There is no significant loss caused by the necessary limit in excess of the necessary amount.

Special justifiable defense: In the case of violent crimes that seriously threaten personal safety, they may be defended to the death. At this point, the other four conditions should also be met in addition to the limit condition.

Justifiable defense refers to the purpose of making a nation.

home, public interest, personal or property of oneself or others.

property and other rights from ongoing unlawful infringement, and the act taken to stop the unlawful infringement.

According to the regulations, the following five elements must be met at the same time for justifiable defense:

1. It must be implemented for the purpose of protecting the state, the public interest, the personal, property rights and other rights of oneself or others from illegal infringement.

2. There must be an illegal infringement. The so-called "unlawful infringement" refers to the infringement of certain rights or interests that is expressly prohibited by law, including both criminal acts and illegal infringements.

3. It must be an ongoing illegal infringement. The purpose of justifiable defence is to stop the unlawful infringement and avoid the harmful consequences, so the unlawful infringement must be ongoing, not yet started, or committed, or the perpetrator has indeed stopped voluntarily. Otherwise, it is an inappropriate time to defend itself and should bear criminal responsibility.

4. It must be carried out against the wrongdoer himself. That is, the act of justifiable defense cannot cause damage to a third party who has not committed the unlawful offense.

5. It is not allowed to cause significant damage beyond the necessary limit. Justifiable defense is a lawful act that is beneficial to society and should be subject to certain limits, that is, legitimate defense should be limited to the extent that it is sufficient to stop the unlawful infringement.

Article 20 of China's Criminal Law stipulates that if an act taken to stop an unlawful infringement is taken in order to protect the state, the public interest, the person, property and other rights of oneself or others from ongoing unlawful infringement, and causes damage to the unlawful infringer, it is justified defense and does not bear criminal responsibility.

Where legitimate defense clearly exceeds the necessary limit and causes major harm, criminal responsibility shall be borne, but punishment shall be commuted or waived.

Scenario 1: If you can prove that the other person verbally and physically reveals that he wants to harm your family member, and that he is harming your family member, then you are acting in self-defense. If you are not committing an act that harms your family, it is only an intention, and it is considered to be excessive defense.

If you do not see the intent and do not commit the violation, you are guilty of intentional harm.

Scenario 2: First confirm the age of your child, as minors under the age of 14 are not guilty of a crime. If you have reached the age of 14, according to the Criminal Code and relevant technical provisions:

Where an act of defense is taken against an ongoing violent crime, resulting in the death of the offender, it is not considered excessive defense and criminal responsibility is not borne.

Scenario 3: It is justifiable defense. It is only after the gangster has committed the assault that it can be considered justified defense.

If the death is caused early, it may be treated as intentional homicide or excessive self-defense. If the commission is completed, it shall be punished as intentional homicide. This is because one of the four elements of justifiable defense is justified when it is carried out in response to an ongoing unlawful offense.

You don't have to wait until you have sex, like you said picking women's clothes, it's going on. The non-aggression process here should be understood in a broad sense, that is, threatening women is also ongoing.

After 2021, the act is justified defense, and the Civil Code stipulates that invasion of a private house can also be regarded as an offense, and the owner can take legitimate defense.

"Justifiable defense" refers to the act taken to stop the unlawful offense against the person who is committing the ongoing unlawful offense, and where damage is caused to the unlawful offender, it is justified defense and does not bear criminal responsibility.

It should meet five criteria:

One. The justifiable defense must be directed against the unlawful offense;

Two. It must be at the time when the wrongful encroachment is ongoing;

Three. The justifiable defence must be directed against the wrongdoer;

Four. Justifiable defence cannot go beyond certain limits.

5. Acts that cause harm to the perpetrator of the unlawful infringement when taking the act to stop the unlawful infringement.

Your actions are, of course, justifiable self-defense.

However, you have to make it clear about your controlled knives, but at this time, you don't care about dealing with the trivial matter of your controlled knives.

I'm going to do that robbery first. Hehe.

I stabbed the gangster with a controlled knife that I was carrying, which violated the Public Security Administration Regulations

And defense, if the gangster is not dead, and the injury is not very bad and cruel, most of the conditions will determine that you are justified defense.

It's overly defensive.

Excessive defense refers to acts in which legitimate defense clearly exceeds the necessary limit and causes significant harm to the unlawful offender.

Excessive defense has the following main characteristics:

1) Must be significantly more than necessary. The "necessary limit" here refers to the strength of defence necessary to effectively stop the unlawful offense; "Clearly exceeding the necessary limit" means that the average person can recognize that the strength of his or her defence has exceeded the strength necessary for legitimate defence, that is, whether the defensive act can stop the ongoing unlawful offense.

2) Significant damage has been caused to the wrongdoer. The term "major harm" here refers to serious consequences such as unlawful infringement of the person's person due to the defender's defensive act that clearly exceeds the necessary limit.

In short, when faced with illegal infringement, if the infringement can be stopped by more moderate means, do not use drastic defensive means; When the violation has been stopped, no further harm should be inflicted on the aggressor. Otherwise, the limit of legitimate defence may be exceeded and become excessively defensive.

It is also justified self-defense.

Because Tian saw Huang Youdao.

And Huang has the possibility of hurting himself with a knife.

For serious criminal offenses that may cause harm to oneself.

Tian's actions were justified in self-defense.