I m defending myself in this incident, so please help me with a friend who is familiar with the law

Updated on society 2024-05-10
21 answers
  1. Anonymous users2024-02-10

    The fact that you are fighting is just an ordinary public order case, and it has not risen to the level of criminal law.

    1.The premise is that you have already made a transcript and have mediated, and it is useless to say anything now.

    2.Isn't the agreement in your hands? Didn't I give you a copy? How much money did you give them, do you have any credentials?

    3.Did the 200 penalty you give you any ticket, if not, it's fine, if it does, it may be recorded.

    In short, your matter is now over, it is just a small dispute, there is no major problem, and it will not affect your examination and employment.

    It's just that the next time you encounter such a thing, you should be calm and don't hit the vital parts, fortunately, it is only a slight injury, and it does not constitute an intentional injury. If you accidentally knock someone out of trouble, something will happen.

    If you really don't feel at ease, you can ask a counselor to check your file. If it doesn't write on it, it's fine.

  2. Anonymous users2024-02-09

    Clause. 1. You don't belong to the scope of legitimate defense, who do you say defends whom when two people fight? If there is also a justifiable defense, then many people will die in future fights.

    You can only say that you are not fully responsible for this incident, because the cause of the incident was caused by the other party.

    2. If the matter has been mediated by the police station, and you have signed the civil dispute mediation letter issued by the police station, then the matter can be handled as closed, and it will be too late to say anything now, but if you are not afraid of trouble, insist on not compensating the other party, and wait for the other party to sue the court for personal injury compensation, it is also a good choice, and you may be able to lose some money.

    3. Because you are only a public security issue, it does not constitute a criminal offense, and even if you go to court in the future, it is only a civil dispute and will not have any impact on your life, so rest assured.

  3. Anonymous users2024-02-08

    First of all, you should be considered legitimate defense, if things are really as you said, and there is no problem of excessive defense, I think since both sides have a fight, then there must be injuries, in this way, I think if you really want so much money, it should not be borne by you alone, the fault is on the other party, and the other party should bear his own expenses, as for the degree of your own injury, the cost should theoretically be borne by the other party, but because there is no court, just private mediation, full of human feelings, Generally, compensation will be determined according to the degree of injury of both parties, for example, if you have nothing to do and do not need to seek medical attention, then pay a little compensation.

    In addition, I think that if you pay compensation, you should not bear it, the specific amount should also be calculated by the hospital's diagnosis costs, and you must also be injured, then you should also go to the hospital for a check-up, not only for your own body (to prevent any hidden dangers in the future), but also to have a statement on the issue of compensation.

    Also, there should be a classmate as an eyewitness, right? If you are willing to testify for you, it will be very advantageous for you.

  4. Anonymous users2024-02-07

    1. Manly, if you can't fight a fight, it means that you have no bottom, so, how about taking a bachelor's degree and going to society in the future? ? Isn't it still going to make people die black?

    2. Ask a lawyer to use legal means to "yin" that kid! (The key is to find witnesses to testify for you).

    What's wrong?? 21 people still feel small?? Your kind of thinking, even if you are 81, you are still immature...

    If you want to calm down in the future, I can't figure it out, take a brick and go back, and I won't mistake it for you to go up and someone? What's the right place? There are so many things in the dormitory (glasses, stools, iron dustpans), you have to find bricks from outside. 、、

  5. Anonymous users2024-02-06

    1. Students fighting each other is not a criminal case and does not bear criminal responsibility; The people's police have already closed the case as a mediation of public security disputes, and they will not be detained for public security.

    2. If you do not agree to the amount of mediation, you can renege on it. First of all, the main thing is to convince the instructor that you did not provoke the incident, and you can ask your classmates to testify, and then, he should bear part of the responsibility for his head injury, and as for the medical expenses, you can explain the family situation with the instructor, and ask the instructor to come forward and negotiate with the other party to reduce.

    3. As long as the school doesn't give you a demerit, it's fine. So it's important to have a good relationship with the instructor!

  6. Anonymous users2024-02-05

    It's not as serious as you think, just in self-defense? You're just fighting, minor policing cases. The agreement can be reversed, of course, it will be disadvantageous for you to sue for fault after you have not examined the injury, and as the ls said, did you give you a receipt for the money you lost?

    Is there a 200 mediation fee? Don't worry, this won't affect your life file, and if the school punishes you, it's a different matter. It will not affect your college entrance examination.

    It's up to the school to punish you.

  7. Anonymous users2024-02-04

    Because you have prepared bricks in advance, you are not in good self-defense; In addition, you should call the police in time when there is a problem, but you don't; As for the amount of compensation, no matter how much, you agree, although you are reluctant in your heart, but it is recommended that you accept it; This incident has no impact on your future life path, and I hope you will devote yourself to your studies. At the same time, I hope that if you encounter similar problems in your future life, you will call the police or seek help from other units in time.

    Lawyer Yang Zhenxia.

  8. Anonymous users2024-02-03

    You will definitely be sentenced for intentional injury or excessive self-defense, depending on how much you spend to settle the judge! My advice is to run away, and after a while you will be fine, as long as no one is killed or seriously injured or disabled, you will be fine in half a year.

  9. Anonymous users2024-02-02

    You haven't said anything about what happened.

    Did they say what was going to happen to you?

    They didn't beat you either! You may be convicted of intentional homicide or wounding, and if you kill someone, you will be sentenced to a criminal penalty of not more than one year to ten years according to our regulations in this regard. Good luck!

  10. Anonymous users2024-02-01

    Article 20 of China's Criminal Law stipulates: "Any person who takes measures to stop an unlawful infringement in order to protect the public interest of the state, the person, property and other rights of oneself or others from an ongoing unlawful infringement and causes damage to the unlawful infringer shall be regarded as legitimate defense and shall not bear criminal responsibility."

    justifiable defense". In particular, it should be pointed out that there are roughly the following 10 types of acts that do not fall under the category of justifiable defense:

    1. Acts of violence committed by either party against another person in a fight. When two or more people fight, and one party acts first and then the other party commits the so-called act of countering the infringement of others, it is not justified defense.

    2. An act of so-called "justifiable self-defense" against an imaginary wrongful offense. The wrongful infringement must objectively exist, and not subjectively imaginary or speculative.

    3. An act of so-called "justifiable self-defense" against the perpetrator who has not yet commenced the unlawful offense.

    4. An act of so-called "justifiable defense" against the perpetrator of an unlawful offense that has ceased voluntarily or has already been committed.

    5. An act of so-called "justifiable self-defense" is not directed against the person who is committing the wrongdoer, but is an unrelated third party.

    6. The so-called "justifiable defense" when the wrongdoer has been subdued or has lost the ability to continue the offense.

    7. The so-called "justifiable defense" of defensive provocation. That is, in order to infringe on the other party, deliberately provoke others to attack themselves, and then harm the other party under the pretext of legitimate defense.

    8. Acts of so-called "justifiable self-defense" against the assault of a mentally ill person or a minor who lacks the capacity for criminal responsibility.

    9 An act of so-called "justifiable self-defense" in response to a lawful act. Public security personnel must not use any excuse to carry out so-called "legitimate defense" against criminal suspects in lawful acts such as arresting or detaining criminal suspects in accordance with law. Nor can it be justified in the case of emergency avoidance.

    10 An act that was initially justified in self-defense but then clearly exceeded the necessary limit to cause significant harm. This kind of conduct, which the law calls "excessive defense", does not fall within the scope of legitimate defense (with the exception of the circumstances provided for in paragraph 3 of article 20 of the Criminal Law).

  11. Anonymous users2024-01-31

    Self-protection in the event of a violation.

    1. Only in the case of unlawful infringement.

    2. Do not exceed the necessary limit.

    3 forgot.

  12. Anonymous users2024-01-30

    The so-called justifiable defense refers to the act of self-defense that causes certain damage to the wrongdoer in order to protect the state, the public interest, or the legitimate rights of others or oneself from an ongoing unlawful infringement. Related comics.

    Ex-ante defense refers to the act of pre-emptive defense taken against a person who has simply revealed the intent to infringe or is in a state of preparation for breaking the law or committing a crime, and has not yet constituted a real threat to lawful rights and interests.

  13. Anonymous users2024-01-29

    Article 20 of China's Criminal Law stipulates: "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 unlawful infringer, 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.

  14. Anonymous users2024-01-28

    1. How do you get the knife? If you're a fruit seller, that's a different story. Also depending on the situation at the time, if you stab with a knife and cause serious consequences such as death, it may be excessive defense or legitimate defense;

    2. You can't use a fruit knife to sneak him up and get the money back, you can use other methods such as calling the police, or appropriate private remedies.

  15. Anonymous users2024-01-27

    There is no such thing as unlimited defense.

  16. Anonymous users2024-01-26

    When an unlawful offense is taking place, justifiable defense can be exercised.

    The object of justifiable defence is not necessarily a normal adult, and the law does not stipulate this.

    Defense often happens when it is urgent, and if you have to check whether the other party is mentally ill or underage at this time, then I think you may have fallen long ago.

  17. Anonymous users2024-01-25

    Do you mean that when C saw A strangled B's cherry blossoms, B was alive, and then B died and A was still strangled by B's neck, and C gave A a stick to stop A from strangling the corpse's neck, causing A to die?

    So, = well, the individual takes the hood and thinks that C's actions do not constitute justifiable defense, and if B dies, it is very clear that B should not move, and it should constitute intentional injury causing death, or intentional homicide.

    If B gives A a slap to Jumin while he is still struggling, but B dies in the end, then it can constitute legitimate defense.

    One point of justifiable defense is that B is dead when the criminal act is being committed, then A's criminal act has ended, and C's act does not meet the constitutive elements of justifiable defense.

  18. Anonymous users2024-01-24

    Car B is commonly known as bumping porcelain, suspected of picking quarrels and provoking trouble, and suspected of robbery if it is for the purpose of asking for money.

    It is not illegal to put a knife in the car, but whether your friend's act of stabbing someone to death with a knife constitutes a crime, or whether it is justified defense, it is difficult to judge according to your description, and a large amount of evidence is needed to restore the scene of the incident.

    According to China's criminal law, in the face of ongoing unlawful infringement, a person who carries out defensive acts against the unlawful aggressor that does not exceed the necessary limit, causing the unlawful infringer, shall not bear criminal responsibility. It must be noted here that the defense does not exceed the necessary limit, and if the defensive act has caused the other party to lose the ability to infringe or the other party has stopped infringing, if the "defense" continues, it constitutes excessive defense, and criminal responsibility should be borne.

    According to your description, when the person in car B beat A, A returned fire with a knife, and must have stabbed another person more than once, and also stabbed another person to serious injury, which shows that his conduct has exceeded the necessary limit of legitimate defense, which is excessive defense, and constitutes the crime of intentional injury causing death.

    According to article 234 of the Criminal Law, "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. ”

  19. Anonymous users2024-01-23

    Whether this is justified defense depends on the specific circumstances at the time.

    First, when the two men beat A, whether they used violence so severe that A: was powerless to resist and had to stab the beater to death before he could save himself. However, based on your description above, it is more likely that the judge will find that A was overly defensive, because A was intoxicated at the time and may not be aware of the seriousness of his conduct.

    Second, legitimate defense has a limit, and it should not cause the death of another person unless it is urgent or compelling, but A stabbed one to death and the other to serious injury.

    Third, in addition to the presence of A and the two victims, weren't there three other people in A's car? But why didn't anyone help A at that time?

  20. Anonymous users2024-01-22

    Your description is only one-sided, and if it is as you say, it is at least overly defensive. Whether it is illegal to put a knife in the car depends on what kind of knife is placed and why the knife is placed in the car.

    When it comes to finding a relationship, it depends on what kind of relationship you are looking for. This case should belong to the case with serious consequences, bad social impact, and no particularly very good relationship, so it is impossible not to go to prison.

  21. Anonymous users2024-01-21

    Unless the two inflicted fatal violence. In this case, if you only beat and kill with a knife, it is excessive defense. It is manslaughter. Less than 3 years.

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