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When they hit you, if you resist and cause them to die, it should be overdefensive. But I still hope that you can use legal means to protect your rights and interests.
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Picking quarrels and provoking troubles, where the circumstances are serious, is the crime of picking quarrels and provoking troubles. If serious injury or death is caused, it shall be punished as the crime of intentional injury.
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When you are being bullied, you should. I'll have my own rights later. This is a question that you should take to protect yourself with the law.
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How do you say this? Although there is a one called justifiable defense in China, but justifiable defense cannot be excessive, if the oppression is not producible, and your life is in danger, but you cause the death of others, then you still have to bear the responsibility.
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Then you are indeed worthy of sympathy for being bullied, but you can't stab them or stab them to death, because the consequences are very serious, and you will be punished, and you can only repay them in a corresponding way and take revenge on them.
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If the other party is bullying you, you miss and kill someone in the process of self-defense and counterattack, if the other party does not cause you strong physical injury, you are in excessive defense.
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Legitimate self-defense is the same as **, for example, the other party can only use a knife if you use a knife.
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Although they bullied you, but if you stab them to death, the consequences will definitely be more serious, and you can only say call the police or retaliate against them in the same way.
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No matter what caused someone to die because of you, you will not escape the law.
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The best thing to do is to call the police, and if there is no fire, you will call the police.
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There may be a guilty of negligence, but this year I see a place where someone slashes you with a knife, and you are in too much of a position, and you are not guilty after negligence.
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It should be dealt with according to the severity of the situation.
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This is a high probability of legitimate defense, and there should be no need to bear too many consequences, or too severe consequences.
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He is also responsible for the death of the abuser who was bullied and returned to this place. The one who is legally responsible, although she is the victim, but the other party is even more of a victim.
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In fact, they have been bullying you, you can go directly to the help of ** or a reporter. If you do what you say, you could go to jail.
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What does the death of this accidental thinker have to do with you, you are the victim.
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As you can see from the simple description you gave, it is not justified defense. This is because "school violence" itself is a serious act of violence that is extremely harmful to society and has a bad social impact. It has had a negative impact on public order.
On the other hand, if the person picking quarrels and provoking trouble takes the lead in committing an unlawful offense and seriously endangers personal safety, the aggrieved party who takes defensive measures to cause death or injury to the unlawful offender is not considered to be in excessive defense and does not bear criminal responsibility.
So you can compare these two situations specifically to your factual process!
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You're talking about self-defense! If there is sufficient evidence to prove that it is justified self-defense, there is no need to bear legal responsibility.
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It's all right when it's justifiable!
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If someone else is physically attacking me, and in the process I fight back (the person who physically attacked me)**, and other classmates next to me see the whole process, do I need to be legally responsible and bear the medical expenses?
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1.This situation should be reported to the police in a timely manner, when being illegally violated, women as a vulnerable group, long-term domestic violence, in the resistance, temporarily unconsciously picked up a knife or hit or stabbed the perpetrator of the key point when they find that the perpetrator is not in the right situation, they should call 120 as soon as possible, and seek help from neighbors, Article 235 of the Criminal Law negligent death, domestic violence in the resistance to negligent death is generally sentenced to less than 3 years, there is a great chance of applying a suspended sentence, such as a 3-year suspended sentence of 5 years, There are still many cases of being released from prison outside of prison in court.
2.For example, if the perpetrator beats the victim with a knife or a controlled product, the victim's resistance resulting in the perpetrator's death constitutes legitimate defense and is not criminally responsible.
3.Where it is recommended that the victim is caught by the public security organs, a criminal lawyer shall be hired to intervene in the investigation and collect evidence as soon as possible, and to be used as a court defense to obtain a suspended sentence. If a victim of long-term domestic violence threatens the victim's life, safety, resistance, and death, the family of the arrested victim shall immediately obtain the testimony of neighbors and witnesses, and provide evidence to the public security organs to explain the circumstances of legitimate defense.
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This is not easy to judge by a sentence or two. It depends on the specific situation at that time. If it is found to be justifiable defense, then you do not have to bear any responsibility, but if it is considered to be excessive defense or intentional injury, then the crime is greater.
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If you are subjected to domestic violence again, you accidentally kill the abuser and get serious injuries, this belongs to legitimate defense, and legitimate defense should be sentenced according to the actual situation, and it should also be analyzed according to the specific reasons of the time and the situation and specific problems at the time of domestic violence, so that you can know the specific situation, and then sentence according to this situation, and then sentence for several years related to legal services, and there are also relevant provisions.
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It depends on your specific situation. If you accidentally injure or kill the abuser in the course of self-defense, it depends on the circumstances of the abuser's violence, whether you are overly defensive, justified in self-defense, or nemantious homicide or injury. Generally speaking, in the case of reciprocal defense, it is justified defense, and if your defense level is higher than that of the other party, it is excessive defense.
If the other party loses the ability to resist and continues to defend against damage, it may be negligent or excessive.
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According to Article 20 of the Criminal Law, if an act taken to stop an unlawful infringement is taken to protect the State, the public interest, the person, property and other rights of the person or others from an ongoing unlawful infringement, and causes damage to the unlawful infringer, it is justified defense and does not bear criminal responsibility.
According to the second paragraph of Article 20, where legitimate defense clearly exceeds the necessary limit and causes major harm, criminal responsibility shall be borne, but punishment shall be commuted or waived.
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According to China's current law, if the perpetrator is accidentally killed or seriously injured during domestic violence, it should be determined according to the actual situation.
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If death is caused by justifiable defense, criminal responsibility is not required, but if it is excessive self-defense, criminal responsibility is required, but the punishment may be mitigated or reduced. This needs to be analyzed on a case-by-case basis.
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I think that people like this don't deserve sympathy, poor people must have something to hate, beat their wives every day, are they still a man, they have the ability to go out and mingle, I think the judge will consider it, don't worry, everyone is equal before the law, but it can also be dealt lightly.
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If he is your husband, you can go to the police station and apply for a personal safety protection order, and if you have a protection order, he is beating you, and the police will arrest him and detain him.
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As long as there is strong evidence of domestic violence, death may be due to excessive self-defense, and the sentence will be 10 or 15 years, and serious injuries will be sentenced to 7 or 8 years.
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When you are subjected to domestic violence, you can use the law to protect yourself, and don't go too far into defense and get yourself into jail
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If it is justified defense, criminal responsibility will not be pursued, and if the defense is excessive, it will face criminal punishment, and the specific punishment should be based on the investigation of the judicial organs.
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If you accidentally kill the abuser or seriously injure the perpetrator during domestic violence, how many years will you be sentenced? If you're constantly being subjected to domestic violence, why not get a divorce? You have to make do with it, even if you make do with it and see the child just been beaten, you have to pick up the law to solve your marriage, if you beat him better, you will also be sentenced, and your children will be left unattended, rather than that, it is better to divorce separately, let him go, and let you go.
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In the case of domestic violence, if the perpetrator is killed or seriously injured, he may be convicted of excessive self-defense.
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Don't have this kind of thought, it's your father, he beat you is his fault, you can find relatives or the community police station to come forward to solve this matter, it is the best result for you and your father.
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When you are subjected to domestic violence, you accidentally kill the abuser. or serious injury. The sentence will be 8 to 10 years.
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Has your father-son relationship really reached this point of death or death? Young people are impulsive to be punished, but he is your father, didn't he raise you? A hundred years after he bought a house and a car, isn't the house yours?
Let you repay it together, in fact, I just hope that you will help reduce the burden on the family, it is not right for him to beat you, I would rather you sue him, than I want you to turn against each other, and maybe you will regret it later when you get to that point.
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If you don't love it, leave it, it's a relief for him to you, why not let the other person go! If you can't get a divorce, you can file for divorce!
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It depends on the seriousness of the circumstances, but the sentence is generally 3 to 10 years, and the sentence is more than 10 years in prison if the circumstances are particularly serious.
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I guess self-defense is too much! If there is evidence to prove it, the sentence may be commuted.
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Isn't your dad good for you? Your dad is gone, how do you live, even your dad hates people, will society tolerate you.
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This involves the issue of excessive defense. Therefore, specific problems should be analyzed in detail.
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It depends on the degree of domestic violence, if the circumstances of domestic violence are heinous and may cause major problems, then it is legitimate defense or emergency avoidance.
If it is just ordinary domestic violence, then it constitutes the crime of negligence causing death.
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Manslaughter, generally more than 10 years.
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The suppression of domestic violence is justified in self-defense, and if the result results in the death of the perpetrator, it may be justified in self-defense or accidental death, and negligence causing death is not established.
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If the perpetrator causes minor injuries to the victim (a forensic medical examination is required), he is guilty of criminal law and is punishable by the crime of intentional injury.
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When you say that someone dies unexpectedly, you have to show evidence of accidental death, because the perpetrator causes psychological trauma to the victim and dies indirectly, the perpetrator will also be punished by law.
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……In this way, some people's psychology is already distorted, and the more the bullied person cries, the more energetic the perpetrator ......Some people's conscience has not yet been extinguished, and the deceived person will feel panicked when he cries. There is also school bullying, where the victim of bullying cries, which may make the abuser feel proud and honored, which may be even more excessive.
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He has already reported it, crying and making trouble again. It's irretrievable. Whatever response measures are directly alarmed.
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Generally, he can't bear to cry, he doesn't dare to cry if he doesn't want to fight. Or cover your mouth. She can do anything to those people.
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If you want to prevent the occurrence of school bullying, I think it has a lot to do with the teacher, the teacher must teach the students to love and help each other, and secondly, the parents are also very important, if the child has any abnormalities, you must communicate with the child and the teacher in time to find the problem.
Be sure to increase the punishment and punish the bully severely, and educate their parents that if the teacher does not pay attention, the teacher will be fired.