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It depends on what the circumstances of your brother are, if it is to stop other people's personal infringement of your brother, it is legitimate defense, if it is said that people have run away and your brother is still chasing and slashing, it is excessive defense, and it is the crime of negligence causing serious injury (less than three years imprisonment or criminal detention) - don't be nervous, you also need to compare the degree of injury (there is a professional agency to appraise) to determine the appropriate criminal law, this crime covers a range of degrees from minor injuries to serious injuries, and the sentence is determined according to the circumstances.
But your brother should be in self-defense, and the first priority is to find a lawyer to solve the problem.
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Go to the legal clinic and ask ......
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It's definitely not right not to give you food, and you don't show it, what's the reason? Ask a lawyer.
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It's over, if this happens in China, you don't want to use any law to solve it, and you want to go through the back door
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Criminal responsibility for causing serious injury to a person caused by excessive defense is to be pursued on the basis of the crime of intentional injury or the crime of causing serious injury by negligence. However, the punishment will be mitigated or mitigated in accordance with the law.
Article 234 of the Criminal Law of the People's Republic of China: 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. Article 235:
Whoever negligently injures another person causing serious injury is to be sentenced to up to three years imprisonment or short-term detention. Where this Law provides otherwise, follow those provisions. Article 20:
Where legitimate defense clearly exceeds the necessary limit and causes major harm, criminal responsibility shall be borne, but punishment shall be commuted or waived.
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Legal Analysis: If the defense is excessive and causes serious injury, Yunqing Town shall bear criminal responsibility, and may be suspected of the crime of intentional injury or the crime of negligence causing serious injury.
Legal basis: Criminal Law of the People's Republic of China: Article 20: Where an act taken to stop an unlawful infringement is taken in order to protect the state, the public interest, the person, property, and the rights of others from ongoing unlawful infringement, and causes harm to the unlawful infringer, it is justified defense and does not bear criminal responsibility.
Where legitimate defense clearly exceeds the necessary limits and causes major harm, criminal responsibility shall be borne by Cha Hong, but punishment shall be commuted or waived.
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(The lawyer call center invites a lawyer from Xiamen to answer this question for you) Lawyer Sun: Excessive defense should bear criminal responsibility, but punishment should be reduced or waived as appropriate. Mr. Gao:
If the judicial authorities determine that the defense is excessive, the punishment will be relatively light. Penalties may be waived. Related Knowledge - The Nature of Excessive Defense Excessive defense is a minor criminal act, and its essence should be a relatively minor social harm.
This is because, judging from the entire process of excessive defense, although the defender has the purpose of stopping the ongoing unlawful infringement, he has a certain degree of guilt and subjectively has a laissez-faire attitude or a negligent and overconfident attitude towards his own acts and results of counterattacking and stopping the unlawful infringement, and objectively the defender's conduct clearly exceeds the limit necessary to stop the unlawful infringement. If part of the interests of the unlawful infringer protected by the criminal law are harmed, the act of defense will be transformed from the initial legitimate defense into a criminal act, and the essence of legitimate defense is the benefit of society, and the essence of crime is social harmfulness, therefore, excessive defense is both socially beneficial and socially harmful, but its social harmfulness is the main one, so excessive defense is a minor criminal act.
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. >>>More
"Excessive defense" refers to conduct in which the defender clearly exceeds the necessary limit when defending the perpetrator who is carrying out an unlawful offense, causing major harm. >>>More
Excessive defense refers to acts in which legitimate defense clearly exceeds the necessary limit and causes significant harm to the unlawful offender. >>>More
Excessive defense refers to the act of defense that clearly exceeds the necessary limit and causes major harm to the unlawful aggressor. Its basic characteristics are: (1) objectively carrying out an act that clearly exceeds the necessary limit and causing significant damage to the wrongdoer. >>>More
Infinite justifiable defense is a beautiful word. It gives us unlimited opportunities for catharsis.