What are the aspects of the duality of justifiable defence?

Updated on society 2024-03-31
4 answers
  1. Anonymous users2024-02-07

    When you encounter danger, choosing to run away and call the police is the correct manifestation of legitimate defense, if you fight with the other party, then it becomes a mutual assault, so the point of difference is in the posture here.

    Example 1: Xiaohong and Xiaodong had an argument and scuffle, Xiaohong ran home to escape, Xiaodong broke into the door with a wooden stick and beat him at Xiaohong's house, Xiaohong's husband stopped it many times to no avail, Xiaohong happened to have a knife next to her after being knocked down, so she slashed Xiaodong with a knife, Xiaohong's husband took the vegetable or knife when he saw this, Xiaodong was slightly injured, Xiaohong is "justified defense" and does not bear criminal responsibility.

    Example 2: Xiaohong had an argument with Xiaodong at a barbecue restaurant, after persuasion by others, Xiaohong left, Xiaodong chased Xiaohong with a kitchen knife, Xiaohong was injured and kicked Xiaodong to the ground, Xiaodong fell to the ground and could not afford to fall to the ground, Xiaohong continued to kick Xiaodong and beat him to slight injuries, in this case, Xiaohong's shirt key "justifiable defense" was not guilty, but because Xiaodong was kicked and continued to be slightly injured, he was sentenced to civil compensation.

    Examples of over-defense.

    Example 1: Fruit vendor Xiaohong and Xiaodong had an argument, Xiaodong beat Xiaohong, Xiaohong picked up a fruit knife to defend, Xiaodong did not stop beating, and was stabbed by a fruit knife when he pounced on Xiaohong, Xiaohong immediately dialed 120 for help and called the police, Xiaodong was seriously injured, Xiaohong was convicted of negligence causing serious injury and was found to be criminally responsible for "excessive defense".

    Example 2: Xiaohong's hot pot restaurant was stolen many times, so he squatted in the store, Xiaodong came to steal, but after finding Xiaohong, he jumped out of the window and escaped, Xiaohong chased Xiaodong and injured Xiaodong with a rolling pin, Xiaohong was sentenced to criminal detention, according to article 20 of the Criminal Law, if the legitimate defense clearly exceeds the necessary limit and causes major damage, he shall bear criminal responsibility, but the punishment shall be reduced or exempted.

  2. Anonymous users2024-02-06

    Someone cuts you, 4 situations constitute legitimate defense.

  3. Anonymous users2024-02-05

    According to the provisions of the Criminal Law, justifiable defense can only be constituted if the following five elements are met at the same time: (1) the conditions for causation, and the cause of justifiable defense must be an objectively existing unlawful offense. (2) Time conditions, when the unlawful infringement is ongoing, can it cause a threat and urgency to the lawful rights and interests, so that the act of defense can be legitimate.

    3) Subjective conditions, justifiable defense requires that the defender has the awareness and will to defend himself. (4) Target conditions: legitimate defense can only be directed at the defense of the aggressor himself. (5) Limitations: The act of defense must be carried out within the necessary and reasonable limits, otherwise it constitutes excessive defense.

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  4. Anonymous users2024-02-04

    There must be five articles: in order for lawful rights to be unlawfully infringed, the unlawful infringement must be ongoing, it must be carried out against the unlawful trespasser, it must be under duress, and it must not exceed the obvious necessary limit.

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