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First of all, you need to understand the difference between justifiable defense, excessive defense, and intentional injury, justifiable defense refers to the defense activities made by the infringed party to the infringer in the process of being violated to protect the safety of their own life and property, and when the infringed person's activities exceed a "degree", for example, the infringing activities do not pose a threat to the life and other rights of the infringed person, but the infringed person has committed a more serious act of harming the infringer, it is excessive defense, and if the infringing activity has ended, If the victim's retaliation against the aggressor causes damage to the life or property of the infringer, it is intentional injury.
Secondly, there are several points that need to be clarified about your uncle: first, whether the previous assault was still going on in the process of your uncle stabbing someone to death at that time, and if not, and your uncle caused the death of other people out of revenge, it is an intentional injury causing death; The second is that the infringement was still going on at that time, but the safety of your uncle's life and property was not threatened, and in this case, if your uncle caused injury to the other party out of defense, it can be classified as excessive defense, and at most it is negligence causing death.
Finally, the crux of this case lies in the determination of facts, whether the temporary injury is still in progress, and second, whether the injury poses a threat to the safety of the victim's life and property.
Regarding this issue, I hope you will find a professional lawyer to consult in order to protect your legitimate rights and interests, and I wish you good luck and good luck to your uncle!
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Justifiable defence and intentional injury are two completely different concepts that should be better distinguished. The crime has stopped, or it is no longer a threat to you, and if you go on to violence, it will definitely be intentional harm.
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Criminal liability is also payable for death caused by excessive defense, but the sentence will be lighter, and intentional injury to death is punishable, and finding a competent lawyer can solve this problem.
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First of all, your uncle is so excited. The police should have been called at that time.
Minor injuries are less than three years and serious injuries are three to ten years. Specifically, it will have to wait for the injury to be identified.
It won't be too heavy, because the other party is at fault, find more witnesses. Ask your uncle to pay the civil money, and if you have a better attitude in admitting guilt, a suspended sentence may be very large for minor injuries, and maybe only three years for serious injuries, and a suspended sentence can also be applied.
You can entrust a local lawyer to help.
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Your uncle should have called the police.
But now hitting someone first is the crime of intentional injury.
However, in view of the previous conduct of the parties, it can be mitigated or mitigated.
Criminal liability is attached to civil liability.
Criminal cases are easy to handle, not serious, basically don't bear any responsibility for civil affairs, with the people above, it's nothing more than asking for money, and there will be no problem if you give some money.
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First of all, deep sympathy for your family's misfortune!
1. What is the procedure for handling the case? How long will it take to get results! -- Two months of investigation by the public security organs; The people's procuratorate examines the prosecution for one and a half months; The court shall hear the case for no more than one and a half months at the latest. Results will be available in no more than half a year.
2. What sentence will the man get? - The key question now is "** The man's brain is a little abnormal after he is released from prison!" If the ** man caused the harmful result when he was unable to recognize or control his behavior, and it was confirmed that he was a mentally ill person through legal procedures, then he would not be criminally responsible.
On the contrary, they may be prosecuted for criminal responsibility for the crime of intentional homicide or intentional injury (causing death).
3. Who pays for my aunt's medical expenses? **No Financial** Is it possible to ask his family out? - If the man is confirmed to be a mentally ill person who is not criminally responsible, his guardian shall be liable for compensation. Otherwise, he shall be liable for compensation.
Attachment: 1. Criminal Procedure Law
Article 124: The period of investigative detention after arrest of a criminal suspect must not exceed 2 months. In cases where the circumstances of the case are complicated and cannot be concluded at the completion of the time limit, an extension of one month may be granted upon the approval of the people's procuratorate at the level above.
Article 138: The People's Procuratorate shall make a decision within one month on a case transferred for prosecution by the public security organ, and may extend it by half a month for major or complicated cases.
Article 168:People's courts hearing public prosecution cases shall announce the verdict within one month of accepting it, and must not exceed one and a half months at the latest.
2. Article 18 of the Criminal Law: Where a mentally ill person causes harmful results when he is unable to recognize or control his own behavior, and it is confirmed through legally-prescribed procedures, he does not bear criminal responsibility, but his family or guardian shall be ordered to strictly supervise and receive medical treatment; When necessary, by ** compulsory medical treatment.
An intermittent mentally ill person who commits a crime when he is mentally normal shall bear criminal responsibility.
Where a mentally ill person who has not completely lost the ability to recognize or control his or her own conduct commits a crime, he shall bear criminal responsibility, but the punishment may be mitigated or commuted.
A person who commits a crime while intoxicated shall bear criminal responsibility.
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If the investigation time of this kind of case is two or three months longer, or one or two months shorter, I read the situation you introduced, and it is estimated that **Tuo was carried out without any conflict**, it is likely that he is the result of a psychotic episode. Therefore, he cannot be held accountable, and at most he will be sentenced to a few years in the future. Therefore, you should mainly take a civil lawsuit and demand compensation from his family.
Since he is a person with a mental disorder, his guardian is jointly and severally liable. You can claim damages from them.
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1. Criminal law provisions.
Article 234 Whoever intentionally injures the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release.
Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Where this Law provides otherwise, follow those provisions.
2. How do you know now that the case is submitted to the court? Half a month to the court is already very fast, there is a lot of this, you should hire a criminal lawyer, so as to protect your legitimate rights and interests to the greatest extent.
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If the removal of two front teeth alone does not constitute a crime of intentional injury, the police cannot detain them for more than 15 days without the permission of the court. You can consult a lawyer to help you claim compensation.
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You didn't say whether your aunt fought back, and there is no evidence to prove who made the first move on both sides, if it was taken off in the hands of the counter-attack, it is an excessive defense and you need to bear a certain amount of compensation.
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This shows that people have a way.
It stands to reason that the removal of two teeth is a minor injury, which is not a criminal offense and should be classified as a civil dispute. The police are not allowed to detain him for more than 15 days without the permission of the court, and they are not allowed to see his family. I suggest that you hire a lawyer and take the previous matter to court and ask for compensation.
However, according to the formal channels, it should be successful, but the current society is complicated.
It's hard to say that no one has a way, so you'll have to weigh it yourself.
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Anti-Rider now has the final talent Hammer of Justice that deals 4x the damage of ** damage and attacks up to 3 targets.
So unless you're pulling a lot of weirdness, you don't have to think about the law injury**.
Recommended high DPS, high resistance, plus defensive ** For example, ZAM's ruthless axe, with slots The attributes are also good, and FM mongoose is recommended, as well as HS's undefeated will, etc.
In addition, the wrath of the maelstrom mentioned on the 3rd floor This is a dagger that the knight can't hold and it's not out of the tile mm It's out of the bt old 1 Don't mislead people if you don't understand Thank you.
Defense skills stacked to 491+ three-dimensional dodge 25+ parry 15+ block 20+ (personal attributes), total "= 60 is good.
I hope it will be useful to you, if you want to learn systematically, it is recommended to go to the nga knight area to see more.
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The Hammer of Atonement. The third child of the sea and mountain fell.
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Anti-Q relies on magic injuries to cause hatred to monsters.,So if the three measurements allow,Use the main hand with high magic damage**,For example, HS's Hammer of Judgment,WMM's wrath of the maelstrom,It's all good.。 In the early stages, it's not bad to use Zam's Punisher or the Hammer of Darkness.
In addition, I would like to add that in the three measurements of the anti-Q, the focus is on improving the shield block, which is the defense that can bring the highest benefit to the anti-Q.
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The version of the FQ best ** is SW Muru's Muramasa.
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Haishan out of a hammer of judgment That's good.
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You are going all out, your defense is enough. If you refine your equipment, you'll be fine. Playing F can have 680 defense, it's fine.
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It's OK to go up to 800...
If you hit you, you won't lose much blood. I'm 59 all 802
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The speed is too low. Enough is enough, fill up the repair points. There is less blood. If you compete, Johnson & Johnson will have 100+
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It's resistant, it's buying defense f, it's okay to get some equipment, Datang still looks at the attack,
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Practice: 19 points to 21 = 2958w; Downgrade to 20 to increase the upper limit to 22, and then put 20 repair points on 22=3228w; Downgrade to 21 to raise the upper limit to 23, and then put 21 repair points to 23=3510w; Downgrade to 22 to raise the upper limit to 24, and then put 22 on 24=3804w; Downgrade to 23 to raise the upper limit to 25, and then put 23 repair points on 25=4110w; The sum is 17610w.
Physical resistance: 17 repair points to 20 = 2578w; Downgrade to 19 to raise the upper limit to 21, and then put 19 to 21=1972w; Downgrade to 20 to increase the upper limit to 22, and then put 20 repair points on 22=2152w; Downgrade to 21 to raise the upper limit to 23, and then increase the 21 repair point to 23=2340w; Downgrade to 22 to raise the upper limit to 24, and then put 22 repair points to 24=2536w; Downgrade to 23 to increase the upper limit to 25, and then increase the 23 repair point to 25=2740w; Sum 14318w.
French resistance: 19 repair points to 20 = 942w; Downgrade to 19 to raise the upper limit to 21, and then put 19 to 21=1972w; Downgrade to 20 to increase the upper limit to 22, and then put 20 repair points on 22=2152w; Downgrade to 21 to raise the upper limit to 23, and then increase the 21 repair point to 23=2340w; Downgrade to 22 to raise the upper limit to 24, and then put 22 repair points to 24=2536w; Downgrade to 23 to increase the upper limit to 25, and then increase the 23 repair point to 25=2740w; The sum is 12682w.
Others say that there is no full repair to reduce the upper limit (no reduction in repair) to point 25 repairs, which is 600rmb more than the full repair to reduce the upper limit...That's how it came about.
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Because there is a reduction in repair, so you can only count and not use the toolbox!
Magic injuries need points.
20+20+21+21+22+22+23+23+24+25 (cultivation level).
Physical resistance needs 18 + 19 + 19 + 20 + 20 + 21 + 21 + 22 + 22 + 23 + 23 + 24 + 25
Resistance needs points.
So you need to consume 12222 + 13858 + 17026 = 43106w when you are fully repaired
That is, more than 400 million fantasy coins.
It's so hard to give a hard work - -
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You should mean mana damage from 19 to 25 (10578w) and defense from 17 to 25 (8688w).
Defend 19 to 25 (7052W).
Count it out with yourself, I'm not good at math.
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1. Judging from your description, it can be determined that the defense is justified, but does the police recognize the situation that happened at that time, and can it correspond to the confessions of both parties? These are the key points.
2. Justifiable defense must first prove that the other party has the intention to infringe on you, and from your account, there are several key points of evidence to grasp:
1) The other party broke into your house with a knife**, this is very important, if someone has a better witness, in the **transcript, are you describing it like this?
2) The two that your father took the initiative to give prove that you subjectively had no intention of harming him, but only out of urgent self-defense. A lawyer can be asked to go to the public security to obtain ** records.
3) Did the defensive act exceed the necessary limits? Whether the description of the entire fight process can be corroborated by both parties needs to be analyzed.
4) Injuries on both sides.
3. The above situations are very important, you should hire a professional lawyer to investigate and defend, your lawyer is a little late, at least you should hire a lawyer at the time of criminal detention, which is very important. Because the police investigation records are the most important pieces of evidence, you can't see these evidences, only lawyers can read them. Information asymmetry, how can such a lawsuit be won.
In my opinion, there are some cases where you don't need to hire a lawyer, in your case, hire a barrister, a good lawyer is very necessary, the sooner the better. It is probably the difference between going to jail and not being in jail.
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1. If the time you recount is true and the evidence is sufficient, it should be justified defense.
2. Party statements, witness testimony, forensic identification, etc.;
3. If the police don't admit it, I'm afraid it won't be clear.
4. It is best to entrust a lawyer to defend this kind of matter.
Infinite justifiable defense is a beautiful word. It gives us unlimited opportunities for catharsis.
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