The criterion for over defense is in the act or in the outcome

Updated on society 2024-04-19
1 answers
  1. Anonymous users2024-02-08

    Justifiable defense refers to a reasonable action taken to protect oneself or others from infringement when endangering one's own rights and interests or the rights and interests of others. Justifiable defense is highly realistic and socially recognized, and its behavior is not immutable to the specific circumstances, danger level, and danger of the harmful act. Therefore, when choosing a legitimate defensive act, it is necessary to make an effective and appropriate judgment in light of the specific circumstances.

    In China's criminal law, the provisions on justifiable defense are: In the case of necessity, in order to prevent the present or imminent unlawful infringement, the necessary actions are taken to defend against the unlawful infringement, and the harmful consequences arising therefrom are not illegal acts.

    When determining the scope of justifiable defence, the following factors need to be considered:

    1.Fatalness.

    The greater the hazard, the lower the threshold sail for taking action against the hazard countermeasures. For example, if one person holds a knife and is less likely to be judged dangerous than another person empty-handed, he will be more likely to take stronger justifiable defense. In the case of justifiable defense, it is necessary to analyze the existing laws and determine whether one's actions are justified defense based on the possible harm.

    2.Excessive effort in self-defense.

    In legitimate defense, the most important thing is to protect one's own rights and the rights and interests of others. If the behavior is excessive or the aggression is excessive, there is a risk that the legitimate behavior will turn into an illegal act. Therefore, in practice, it is necessary to improve the judgment criteria according to the hazardous components, and to understand the local regulations when making judgments.

    3.Temporality.

    Justifiable defense seeks to protect one's own rights and interests or those of others, so measures must be taken before or during the realization of the unlawful offense. In other words, the defensive measures taken must be preemptive or stopped on the spot, and the hazards that have already occurred can be effectively controlled by taking defensive measures.

    4.Difficulty.

    Justifiable defense is usually carried out at the outbreak of a crisis, and there is not enough time to make a precise judgment. Therefore, in an emergency, it is difficult to make a completely rational decision, and even miscalculations are inevitable. Therefore, it is important to have reasonable expectations and a good sense of judgment when dealing with the Minhu crisis, so that we can make the right decisions.

    To sum up, the judgment and action of justifiable defense must be comprehensively analyzed according to factors such as the specific situation, the level of danger, the dangerousness, the nature of the danger, and one's own ability, including taking proactive preventive measures, such as calling the police, avoiding conflicts, and fleeing. In situations of uncertainty, it is advisable to choose actions that are safe, responsible, and do not provoke the other person, and it is best to avoid danger and ensure your own personal safety.

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