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Regardless of the reason, it is necessary to bear criminal responsibility for causing disability or death by hands.
Legal analysisIf a person is bullied and causes the other person to be disabled, it may constitute intentional injury, and if it causes death, it will constitute intentional homicide. The crime of intentional injury refers to the act of intentionally and unlawfully harming the physical health of another person. It is one of the crimes of infringing on citizens' personal rights and democratic rights in China's law.
The main characteristics are: (1) The object of the crime is the physical health of others. Intentionally harming one's own physical health', which generally does not constitute a crime.
However, if the act of self-harm harms the interests of society and violates other legal provisions, it constitutes a crime. (2) The objective aspect of the crime is that the perpetrator has carried out an act that illegally harms the physical health of others. Harming the physical health of others mainly refers to damaging the integrity of human tissues or destroying the normal function of human organs.
There are many ways to injure someone, but no matter what means are used, bodily harm to another person is an act of harm. The difference in the means of committing the crime is only one of the circumstances of sentencing, and is not an element of the crime. The result of the injury may be minor or serious, or it may result in death.
The crime of intentional homicide is the result of the punishment of illegal and criminal acts by law, and the crime of intentional homicide is one of the few most egregious criminal acts in China's relevant laws. The object violated by the crime of intentional homicide is the right to life of another person. Life in law refers to a living organism that can breathe independently and can metabolize, which is the prerequisite for human existence.
The crime of intentional homicide must first involve the deprivation of another person's life, and both acts and omissions can be constituted. The crime of homicide, committed by omission, can only be constituted by those who have a specific duty to prevent the death of another person from occurring.
Legal basisCriminal Law of the People's Republic of China
Article 233:Whoever causes death by negligence is to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; where the circumstances are more minor, a sentence of up to three years imprisonment is to be given. Where this Law provides otherwise, follow those provisions.
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.
Article 234-1 Whoever organizes others to sell human organs is sentenced to up to five years imprisonment and a concurrent fine; where the circumstances are serious, a sentence of five or more years imprisonment and a concurrent fine or confiscation of property is to be given. Whoever removes his or her organs without his consent, or from a person under the age of 18, or forces or deceives others into donating organs, is to be convicted and punished in accordance with the provisions of articles 234 and 232 of this Law. Where organs from corpses are removed against the person's prior wishes, or where the person did not express their consent before their death, violating state regulations, and harvesting their corpse organs against the wishes of their close relatives, it is to be convicted and punished in accordance with the provisions of article 302 of this Law.
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When I am bullied by others, and I hurt or kill others, do I have to be held criminally responsible? I think of course you will, although you have been bullied, but you have injured or killed others, of course you have to bear legal responsibility.
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There is a possibility of criminal liability, excessive defense or intentional injury.
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The defense shall meet the necessary and reasonable limits, and exceeding the limits constitutes the crime of intentional injury or intentional homicide.
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Kill him! Otherwise, I will never feel comfortable in my heart.
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Legal analysis: Whether a person should bear legal responsibility after being injured also needs to be determined according to the specific injuries of the injured person, and if the identified injuries meet the legal liability standards, they need to be punished for this. Where it is assessed that the injury is minor or above, criminal responsibility is pursued.
If it is a minor injury, it will be punished according to the public security case.
Legal basis: Article 43 of the "Law of the People's Republic of China on Public Security Administration Punishments" Whoever assaults another person or intentionally injures another person's body shall be detained for not less than 5 days but not more than 10 days and shall also be 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 a disabled person, a pregnant woman, a person under the age of 14, or a person over the age of 60; (3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time.
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If someone runs to his house and beats someone and injures the other party, what legal responsibility do they bear? It is a crime of intentional injury. Article 43 of the "Public Security Administration Punishment Law of the People's Republic of China" Whoever assaults another person, or intentionally harms the body of another person, shall be detained for not less than 5 days but not more than 10 days, and shall also be fined not less than 200 yuan but not more than 500 yuan; 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) Assaulting or injuring others in a group; (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 Lu Hui dismantling and hitching people once. Is this an easy explanation?
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1. If you want to rely on legitimate defense or excessive defense, you must first see if there are any injuries on your body, and also see whether the opponent's injuries are formed by multiple blows or counterattacks. Judging from the situation you introduced, it is quite enough.
2. Intentional injury, if it constitutes a minor injury, and you have a cause for the incident, as long as you can reach a compensation agreement with the victim, the public security organ will generally not prosecute. If serious injury is caused, then even if you compensate the other party for all expenses and obtain the other party's forgiveness, it cannot exempt the public security organs from pursuing your criminal responsibility, and you will still be detained, arrested, and prosecuted. Once serious injuries are constituted, it is necessary to analyze the specific circumstances and the confessions of both parties, and to see whether there are mitigating or mitigating circumstances (such as voluntary surrender, meritorious service, minors, etc.), and if the circumstances are minor and there are mitigating circumstances, a suspended sentence may be sought.
3. Once a serious injury is constituted, it is recommended to hire a professional lawyer as a defender to provide you with legal help.
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If it constitutes justifiable defence, there is no need to be responsible. There are provisions in the criminal law, please praise, thank you.
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If you don't hit him, he will be civilly liable and detained, and if you beat him to serious injury, you will be criminally liable!
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You are in excessive defense, and you still have to bear a certain amount of legal responsibility, but it will also be dealt with according to the actual situation, and it will not be very serious.
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Nonsense, they are all seriously injured, if you are seriously injured by someone else, do you say that he is not responsible.
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Look at who strikes first, and behaves badly, if he makes an unreasonable move first, you are in self-defense.
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Just two people going head-to-head? That is, to be responsible for excessive defense.
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Yes, both of them.
Both parents can be private.
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Just in defense, but you still have to bear some responsibility.
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Just in self-defense, there is no need to be responsible
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You're definitely responsible, but you're defending yourself, and it's not too serious.
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If you want it, you will be held criminally liable if you are seriously injured.
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It's self-defense, but the brother is ruthless
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Why, when I cut off someone else's foot, someone else hit me first.
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It depends on how the police decide, and it doesn't matter who says it.
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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.
I hope it can help you, I hope I can adopt my answers, and if you have any questions, you can continue to ask.
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This is legally called excessive self-defense! You're fine! You don't have to be responsible!
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It was he who wounded me first, and then I fought back.
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If it hits you for no reason, you are justified in self-defense!!
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