The problem of excessive defense, what is excessive defense, and how to deal with excessive defense!

If those delinquent teenagers didn't do it, or you can't prove that he definitely did it, and the other party just wanted to scare and scare A, then it is A's fault, the crime of intentional injury, but if you can prove that they really came to beat A, or have done it, then it is justified defense.

Of course, it also depends on A's age and the extent of the other party's injury.

First of all, we have to look at the age of criminal responsibility of A.

The objective aspect of excessive defence is that the act of defence clearly exceeds the limits necessary to stop the wrongful encroachment and causes significant harm. First of all, the defensive behavior of excessive defense clearly exceeds the necessary limit, and the correct understanding of the meaning of the word "obvious" should be specifically considered from the following two aspects:

First, the act of defence goes far beyond what is necessary to stop the unlawful offense, for example, if the defender injures the unlawful thief to stop the unlawful offense, but if the killing of the thief is taken, it goes beyond the purpose and scale of the defence and should fall into the category of "obvious".

Second, the intensity of defence greatly exceeds the intensity of an unlawful offense of an ordinary nature. This should be judged mainly from the comparison of factors such as the intensity of the defensive means used by the defender and the nature of the unlawful infringement. In addition, if an act of defense that is excessively defensive causes a result of major harm, whether the result of the defense constitutes "significant harm" is the main factor in distinguishing whether the act of defense is excessive, and legitimate defense and unlawful aggression are completely opposites, and it is not sufficient to stop the unlawful infringement if it does not cause a certain amount of damage to the unlawful infringer, and if it exceeds the necessary limit and causes serious injury or death, it is a major harm.

Punishment: When dealing with offenders who have acted excessively defensively, the relevant provisions of the Criminal Law shall be correctly applied, and punishment shall be commuted or waived as appropriate in accordance with law. Judging from trial practice, where excessive defense causes serious injury or death, constituting the crime of negligent causing serious injury or negligent causing death, the punishment is to be reduced in accordance with the corresponding sentencing ranges provided for in articles 235 and 233 of the Criminal Code, respectively; Probation may be used if conditions are met; If the circumstances of the crime are minor and do not require a criminal punishment, punishment shall be waived.

Where the crime of intentional injury or intentional homicide is constituted, the punishment shall be commuted in accordance with the corresponding sentencing ranges provided for in articles 234 and 232 of the Criminal Code, respectively; If the conditions for a suspended sentence are met, a suspended sentence may be applied; If the circumstances are minor and do not require a criminal punishment, punishment shall be waived.

Excessive defense refers to acts in which legitimate defense clearly exceeds the necessary limit and causes significant harm to the unlawful offender.

Question: If a classmate hits me first, then I fight back, is this justified defense?

If you seriously injure him, you are overly defensive.

Q: What if I knock him out?

Or break the Adam's apple.

Question: What does that look like?

Do things calmly, and don't hit people casually.

If the question is just a green one.

Ask the question, he hit me first, the premise is.

If you are seriously injured, you will not only be compensated for medical expenses, but will also be subject to criminal liability.

If the other person hits, you can tell your parents and teachers. Don't be impulsive.

"Excessive defense" refers to criminal conduct that clearly exceeds the necessary limit and causes major harm, and shall bear criminal responsibility.

Excessive defence is characterized by two aspects:

1. Objectively manifested as an act of defence that clearly exceeded the necessary limits and caused significant harm;

2. The act of defence must clearly exceed the necessary limit and cause significant harm.

Article 20, paragraph 2 of the Criminal Law of the People's Republic of China stipulates that:

Where legitimate defense clearly exceeds the necessary limit and causes major harm, criminal responsibility shall be borne, but punishment shall be commuted or waived,"