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Remember the characteristics of a thief and call the police immediately.
If you don't have something, you can earn it back, and if your life is gone, you have nothing
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If you're a tough guy, go for it. If it's a beauty, don't fall into the tiger's mouth. Yes"Intellectuals"of the first hit 110
Then hit the ** of the people in the same building, there is a lot of power. The tough guy (premises) is that you can guarantee that you won't get hurt. [Because] he has a knife, he is also weak-hearted.
I said you still choose"Intellectuals"method. To put it simply, it's about good personnel. If you have something, everyone will come to help you, and you can say anything.
If) you belong to"Intellectuals"But the personnel are not good. (For example) arguing with a lot of people in the same building. Discord.
Let him steal it. Just look at it.
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See if you want to fight with him? You have to outwit it.
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Money is not a thing, you can earn your life again, but there is only one thing, you have to know for yourself.
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It depends on the situation:
1. If the thief is stealing something, and after being discovered, he attacks you (or your family) in order to escape or continue to commit crimes, you can fight him, and your death or injury to the thief during the fight is justified defense, and the law will not hold you responsible.
2. But if in the middle of the fight, you have disabled the thief or made him incapable of fighting back, and you continue to kill him, it is a typical excessive defense. That is, it is treated as intentional homicide, but there are mitigating circumstances of pre-existing justifiable defense.
3. Similarly, if the thief gives up resistance or begs you for mercy during the fight, but you still kill him, it is also considered excessive defense as mentioned above.
4. Finally, if the thief flees in a hurry or gives up resistance and begs you for mercy after being discovered first, and you still come forward to "fight" with him, it is a typical intentional homicide. Conviction and punishment in accordance with the criminal law for the crime of intentional homicide.
So it's not as long as he's a thief and he's stealing from your house, you can take him down "with confidence, boldness, and freedom".
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You are in self-defense.
If it is killed or scrapped, it is complicated, it is necessary to confirm the circumstances under which it was caused, and if there is evidence that you can be sure in advance that your blow will kill or maim him, you will be held responsible; If you continue to beat him to death or maim him after beating him to his stomach, he will also be held responsible.
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If the two sides fight each other, even if they are killed, it is justified defense, because the other party has used a knife, if the other party has been beaten down, and you still do not forgive it, and beat him or kill him, then it is excessive defense and you must bear criminal responsibility. The law mainly depends on the fatal injury, and you are responsible for the fatal injury or the most serious injury that occurs after the other party surrenders or loses consciousness. According to what you say (the facts cannot be drawn casually), you have no responsibility, and you can rest assured that you can work and live from home.
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This is a legitimate defense, not a crime, and you don't have to lose money. If he is killed or scrapped, it will have to be analyzed in detail, and the hypothetical questions will be complicated and cannot be analyzed correctly, because they are all fictional, incomplete plots, and there is no way to give a correct answer. It can only be said that if it is an excessive defense, it will have to bear a certain amount of responsibility, otherwise, it will not have to be held responsible.
Question addendum: Your situation should be justified in self-defense. Because the actions of the thief have already endangered your life and posed a threat.
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If the thief is discovered by you and threatens you with a knife, of course, this is transformed from theft to robbery, which is no doubt, but if you find the thief, you go and beat him (in fact, as long as you can stop the theft, you don't need to fight), and you stop the act first, which may constitute justified defense.
Justifiable defense is a lawful act that is beneficial to society and should be subject to a certain degree of restraint, that is, legitimate defense should be limited to enough to stop unlawful infringement, and if you hit him and injure him to death, this is obviously excessive defense, and you should bear criminal responsibility for excessive 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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Be held legally responsible. A thief who comes to your house to steal something is not guilty of death, and if you kill him with a knife, it is a serious offense.
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It is necessary to judge according to the danger and harmfulness of the thief, if the thief is a person who obviously has no other greater harm except for stealing, he needs to be responsible. If the thief carries dangerous items such as knives, which can obviously cause serious injury, it can be judged as special defense.
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If a thief robs with a knife and directly threatens your life, you have no other way to protect yourself, and the other person dies, and you have no legal responsibility to defend yourself. If the other person does not threaten your life and you stab him to death, it is an intentional injury or negligent injury.
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No, burglary can be defended, and death may be excessive defense, but it will not be very responsible.
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Need. Burglary is punishable by law.
But if the thief doesn't hurt you, you can't fight back.
The correct thing to do is to scold him to go out and call the police when he goes out.
If he doesn't go out and takes violent measures against you, you can fight back.
The premise is that the thief takes violent measures against you, endangering your life.
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Definitely pay, it is not necessary, you can spare his life, catch him, beat ** and deal with it by the public security organs, if it is legitimate defense, you have to judge whether you are guilty or not depending on the circumstances.
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The thief came to my house to steal something, and I stabbed him to death with a knife, am I legally responsible
This can be resisted, but if you can't stab to death, the circumstances are serious, unless it is in legitimate defense, and if you accidentally stab you to death, it is also possible that the defense is excessive.
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Do you want to pay legal responsibility? There are a lot of details in this, if you are unintentionally protecting yourself or if the other party is a threat to your life. You didn't deliberately stab the other party with a knife, you don't need to be responsible, if it's a mending.
That would be homicide.
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This depends on the specific circumstances at the time, and the need for legal responsibility for the death of a person caused by excessive defense. Explain the specific plot clearly to help you analyze.
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Although you are not very proficient in the law, if he just steals something and you kill him, you seem to be overdefensive, unless he acts in a way that threatens your life, then it is justified defense, otherwise it is overdefensive.
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A thief comes to your house to steal something, and you stab him to death with a knife, and you are not legally responsible.
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The thief came to my house to steal something, and I stabbed him to death with a knife, do I have legal responsibility for using the service?
If this one is really stabbed to death, you need to go to jail.
For it is not a capital offense for a thief to steal something.
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Legal analysis: If a thief is caught stealing something, he cannot be beaten, and if he causes minor injuries, it may constitute the crime of intentional injury. If a thief is caught stealing, appropriate action can be taken to stop the thief to the extent necessary.
Legal basis: Criminal Law of the People's Republic of China
Article 20: Where conduct taken to stop unlawful infringement is to protect the state, the public interest, or the person, property, or other rights of oneself or others from ongoing unlawful infringement, and causes harm to the unlawful offender, it is justified defense and does not bear criminal responsibility.
Article 234:Whoever intentionally injures the body of another person shall be sentenced to up to three years imprisonment, 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.
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Legal Analysis: Hitting someone is illegal. However, penalties will be imposed based on the fault of both parties. Unless the thief is committing an act of harm to you in the process of stealing and you can defend yourself, you have no right to hit the thief, which is a violation of the law and may cause serious consequences to be a crime.
Legal basis: Law of the People's Republic of China on Public Security Administration Punishments
Article 43: Those who assault others, or intentionally injure others, are to be detained for between 5 and 10 days and fined between 200 and 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.
In any of the following circumstances, they are to be detained for between 10 and 15 days and fined between 500 and 1,000 RMB:
1) Gang up to beat or injure others;
2) Beating or injuring persons with disabilities, pregnant women, persons under the age of 14, or persons over the age of 60;
3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.
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Hehe, your actions are only theft, not a crime. You only need to give five dollars to the cafeteria. You can go directly to the school cafeteria and ask for your phone and cafeteria card. If the other party doesn't give it to you, you can sue to defend your rights. >>>More