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Not counted. Justifiable defense: According to Article 20 of the Criminal Law, 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 an ongoing unlawful infringement and causes damage to the wrongdoer is justified defense and does not bear criminal responsibility.
Focus: Protection from ongoing wrongdoing.
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It depends on the specific situation, if it is an emergency or the granddaughter is facing an urgent danger such as violence and coercion, there is no other way than to defend herself but to take emergency defensive actions to protect the granddaughter's health and life. If it is not urgent, or if other appropriate methods can be taken to avoid danger, it is not considered legitimate defense!If the defense method is too radical or excessive, it will also bear the corresponding legal responsibility.
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According to Article 20 of the Criminal Law, 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 an ongoing unlawful infringement and causes damage to the wrongdoer shall be regarded as justified defense and shall not bear criminal responsibility.
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It is necessary to see whether the requirements of legitimate defense are met, that is, timely and appropriate.
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If the incident poses a threat to the child, such as a person, a dog, or another animal, a car, etc., and you do not let the child be harmed, it is considered legitimate defense.
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It depends on how well you defend yourself, and there is no clear boundary for this paragraph, so it is difficult to conclude that if you don't hurt others, it's fine, and if you hurt others, it's enough.
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The definition of justifiable defence is indistinguishable from age and affiliation. As long as it is to protect her (his) life and safety from the criminal suspect. Paid for the act. Specifically, whether there is any precaution or not must be determined by the public security organs.
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It's okay to defend normally, but don't defend too much and cause damage.
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This should be justified defence.
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As long as you defend yourself when you are being harmed, you are protecting yourself and defending yourself.
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It depends on the situation, and if you defend too much, it is also a crime.
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According to Article 20 of the Criminal Law, justifiable defense refers to the protection of the state, the public interest, the person or the public interest
The person, property and other legal rights of others shall be protected from ongoing illegal infringement, and methods that cause damage to the unlawful infringer shall be adopted to stop the illegal infringement. There is no criminal liability for acts of justifiable self-defense.
According to the provisions of China's Criminal Law, the following four conditions must be met at the same time for the implementation of legitimate defense:
First, only when the public interest of the state or the legitimate rights of oneself or others are unlawfully infringed;
second, it must be at the time when the wrongful infringement is ongoing;
Third, it must be to defend the wrongdoer himself, and not to an unrelated third party;
Fourth, legitimate defense must not cause undue damage beyond what is necessary to prevent the other party from harming oneself.
Article 20 of the 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 an ongoing unlawful infringement, and causes damage to the unlawful infringer, it shall be regarded as legitimate defense and shall 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.
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Justifiable defense must meet the following five elements at the same time:
1. It must be implemented for the purpose of protecting the state, the public interest, and the personal, property and other rights of oneself or others from illegal infringement. Such unlawful infringement may be directed against the State, collectives, or natural persons; It may be for oneself or for another person; It may be an infringement of personal rights, or an infringement of property or other rights, as long as the act is carried out to protect legitimate rights and interests from unlawful infringement, it meets these requirements.
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 (including the family members of the wrongdoer) 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. On the other hand, unlawful aggression is often a sudden attack, and the defender is often unprepared, and the situation is urgent, and the mental tension is high.
Generally, it is difficult to quickly determine the degree of danger of the true intent of the unlawful aggression at the time of the defensive act, and there is no condition to accurately select an appropriate defense method, tool and intensity to defend it. Therefore, as long as it does not cause significant harm in excess of the necessary limit, it should be justified defence.
With regard to the provisions on criminal liability for excessive self-defense, criminal liability shall be borne for excessive self-defense. However, because the act of justifiable defense is caused by an unlawful infringement and is intended to protect the object of the wrongdoer's infringement from an ongoing unlawful offense, "the punishment shall be mitigated or waived".
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The conditions for justifiable defense are: 1. It must be for the purpose of defending the state, the public interest, the person, property and other lawful rights of oneself or others before justifiable defense can be carried out; 2. It must be a defense against unlawful infringement; 3. It must be a defense against the person who committed the unlawful offense; Wait a minute.
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With regard to justifiable defense, Article 20 of China's Criminal Law clearly stipulates that "justifiable defense refers to an act carried out against an unlawful aggressor in order to protect the state, the public interest, personal interests, the person, property and other rights of oneself or others from ongoing unlawful infringement and does not clearly exceed the necessary limit."
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When someone commits a crime against your person or property, and you find out.
Your retaliation against him is justified self-defense.
There is no legal liability for legitimate self-defense.
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Your actions are entirely justified and do not bear legal responsibility, and may be temporarily restricted in your freedom of movement until it is confirmed whether it is justified defense, and the restrictions will be lifted when they are confirmed.
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You should still be waiting for the trial stage, whether it is justified defense is not the final say of the police, it must be determined through legal procedures, and finally the judge will determine the responsibility through the court trial, so don't worry, if you don't understand the rules of litigation procedures, or find a professional lawyer to help you protect your legitimate rights and interests, so that you can better present evidence and explanations in your favor to the judge, and help you clearly and professionally explain the justification of your actions.
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Whether it is justified defense is not what the Public Security Bureau says, depending on how the court decides in the end, you had better hire a lawyer, in your case, it may be that the defense is excessive.
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It is not justifiable self-defense.
Legally, that's his own responsibility.
This does not involve justifiable self-defense.
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