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If a thief is caught stealing something, it is not illegal to hit him on the spot, but it is okay not to cause him substantial harm.
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The thief was caught stealing something and hit him red-handed. Is it illegal? Not breaking the law. But you can't be killed. Nor can it be seriously injured. Just laugh and laugh. Scare, scare.
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The thief was caught stealing something and beat him for a crime.
Although the thief is at fault first, as a party, you have no law enforcement power, and the thief will be punished by the law of the country, and cannot be lynched.
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It is best to send it to the police station to deal with it, although the thief is illegal, but it is also illegal for you to deal with it privately, of course, you hit him twice as long as you don't hurt him.
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Breaking the law, you can use the law to protect yourself, don't get excited, excessive behavior is caused by excitement.
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Assault is against the law. If you call the police to deal with it, the police can detain them according to the law and impose a fine.
You don't have the right to hit someone.
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It depends on the situation, but you'd better catch him and take him to the police station first, it's safer, because if you hit someone, the thief will bite you.
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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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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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Whether it is illegal for a thief to steal something from a party and I hit him is a crime, depending on the situation:
1. Wounding a person who steals something is not a crime if it constitutes legitimate defense
1) It needs to be a real existence for the illegal infringement (someone else is actually stealing);
2) the illegal infringement is in progress (the thief is stealing something, and it is not possible to get it);
3) the need to be defensive (to protect one's own interests from harm, not retaliation);
4) the need to defend against the aggressor (only against the thief himself);
5) The need does not obviously exceed the necessary limit (it is generally believed that it cannot cause serious injury or death to the thief);
6) If he is convicted of theft, he needs to be convicted and sentenced by the public prosecutor's law enforcement agency.
2. If it clearly exceeds the necessary limit and causes major harm, criminal responsibility shall be borne, but punishment shall be reduced or waived. Generally, the sentence is up to three years imprisonment, short-term detention or controlled release.
Legal basisArticle 181 of the Civil Code of the People's Republic of China.
Where harm is caused by legitimate defense, civil liability is not borne.
Where legitimate defense exceeds the necessary limits and causes undue harm, the defender shall bear appropriate civil liability.
Article 182.
Where damage is caused by emergency evasion, the person who caused the danger shall bear civil liability.
If the danger is caused by natural causes, the emergency evacuator shall not bear civil liability and may be given appropriate compensation.
Where the measures taken for emergency evacuation are improper or exceed the necessary limits, causing undue harm, the emergency evacuee shall bear appropriate civil liability.
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