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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.
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Someone cuts you, 4 situations constitute legitimate defense.
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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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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.
Basic Interpretation is an act taken to stop an unlawful infringement in order to protect the state, the public interest, the person, property and other rights of oneself or others from ongoing unlawful infringement. Where legitimate defense causes harm to the unlawful offender, criminal responsibility is not borne. What to expect: >>>More
What is justifiable defense?
Justifiable defense refers to the act of defense taken to stop unlawful infringement in order to protect the state, the public interest, the person, property and other rights of the person or others from ongoing unlawful infringement. It is an act of counterattacking the illegal infringer and protecting the legitimate rights and interests from infringement, and it is a legal system stipulated in the criminal law to protect the perpetrator from fighting against illegal and criminal acts. Acts of justifiable defense shall meet the following conditions: >>>More
Of course, it's just self-defense.
Justifiable defense is generally directed against the personal rights of the wrongdoer, but it does not exclude the right to property rights, such as attacks on animals. A lets the dog bite B, and the person who commits the unlawful infringement is A, and B should of course exercise legitimate defense against the unlawful infringer A, and at the same time, it can also defend against A's property rights, that is, A's dog, and the legal effect is the same. >>>More
Article 20 of the Criminal Law of the People's Republic of China stipulates: "Any act taken to stop an unlawful infringement in order to protect the public interest of the state, the person, property and other rights of oneself or others from an ongoing unlawful infringement and cause damage to the wrongdoer shall be regarded as justified defense and shall not bear criminal responsibility." >>>More
Use the left and right analogies of the handlebars to adjust the direction of flight, and fly towards the red dot (marshall) on the screen to trigger a cutscene to retrieve the PDA. >>>More