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This matter depends on the situation, and I think it is not a legitimate defense, and it can be stopped in time when the thief has lost the motive to commit the crime, and this should be held accountable.
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Of course, it is justified defense, and there is no need to bear any responsibility, because it is completely reasonable and legal to do so.
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Which eye did you see that you were beaten to death by the villagers? Obviously, he fell to his death in a panic when he ran away.
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Those who cannot be lynched must of course deal with the person who beats someone, even if it is just a situation.
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1. Is it illegal to kill a thief?
1. It is a crime to kill a thief. Citizens enjoy the right to life and health, so even if a thief violates the law, he should be punished according to law, and no person or unit has the right to deprive others of their lives, otherwise it is illegal. Unless the person concerned can prove that the thief resisted arrest and **, the thief is exempted from liability if he causes the thief to death in legitimate self-defense.
Otherwise, it shall be punished as intentional homicide.
2. Legal basis: Article 234 of the Criminal Law of the People's Republic of China.
Intentional injury] 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.
2. What are the constitutive elements of the crime of intentional injury?
1. Entities, where a person who has reached the age of 14 but is not yet 16 years old commits the crime of intentional injury causing serious injury or death, he shall bear criminal responsibility;
2. The characteristics of the object, the crime of intentional injury violates the right to physical health of others. The crime of intentional injury is an act of unlawfully harming the physical health of another person, the result of which is to cause bodily harm to another person. Intentional injury, which can sometimes result in death, undoubtedly also undermines the right to life.
However, since the perpetrator intentionally harmed the physical health of others and did not refer to the right to life of others, it still falls within the scope of the crime of injury and is different from the crime of homicide in principle;
3. Objective characteristics, the crime of intentional injury must have an injurious act in the objective aspect. Harm is an act that unlawfully harms the physical health of another person;
4. Subjective characteristics: The crime of intentional injury is subjectively manifested as the perpetrator clearly knowing that his or her actions will cause physical harm to others, and hoping or allowing the harm to occur. In other words, the offence of intentional injury can be constituted by either direct intent or indirect intent. It is important to ascertain the intent to injure, as the intent to injure is an important marker of the line between the offence of intentional injury and the offence of intentional homicide and negligent grievous injury.
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I think if there is some head-on conflict and attack between the thief and the smart, then such behavior is justified and generally not responsible.
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Acts that do not fall under the category of justifiable self-defense are already suspected of excessive self-defense and have resulted in the offence of intentional injury. Of course, you need to be responsible.
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It is not justifiable self-defense. It must be responsible, and this is already a suspected homicide.
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If the thief steals a child in the village and is killed by the villagers, the key is to see whether there is resistance, if in the process of preventing the thief from stealing the child, the thief has endangered the safety of the villagers themselves, and the villagers accidentally injured the thief to death is a legitimate defense, if the thief has stopped the criminal behavior and the villagers still beat the thief to death, then the villagers are liable for intentional injury, and the most serious sentence is the same punishment as homicide.
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The thief stole a child in the village and was beaten to death by the villagers, and the villagers must also be responsible, and it is okay to defend themselves, but they cannot be punished in their own way. What's more, this thief also lost his life, and in this case, the villagers must have broken the law. When we encounter this situation, we must learn to call the police, use the law to punish this kind of person, and don't put yourself in it for a thief.
1. Villagers need to take responsibility
When it comes to human traffickers, everyone hates them, because it is because of the existence of these traffickers that so many families are broken here, and some villagers are more vigilant when they see unfamiliar faces in the village, and they are afraid of encountering human traffickers, especially the kind of people who want to take their children away, and the villagers will choose to stop them after they find out, and some people will choose to beat him in order to vent their anger, but they didn't expect to kill the thief too hard, in this case, the villagers also need to be responsible. <>
We can go to legitimate defense, when the traffickers take the children, the villagers can go up and stop them, and they can go to beat and scold, but after stopping the other person, they can't do other harmful acts. We must make proper use of these powers to protect our legitimate rights and interests. However, in this incident, the thief was at fault first, so the responsibility of the villagers will be relatively small.
3. After stopping the thief, learn to hand it over to the police
After we find a human trafficker, we must choose to call the police to stop him and wait patiently for the police to arrive, don't let yourself go to jail for such a trafficker, it's really not worth it. Don't ignore the law for the sake of venting your anger for a while, everyone has the same rights, everyone has to obey the law, so you must think carefully before doing things, and I hope that everyone can take care of their children and avoid them being abducted by human traffickers.
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In this case, the villagers are responsible, the thief steals the children in the village, which is a kind of aggression against others, and the villagers beat him in normal defense, but if the thief is killed, it is excessive defense, and this situation needs to be criminally responsible according to the criminal law.
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After all, the behavior of the villagers is already excessive defense, which has caused very serious harm to the parties, and no one can deprive others of their lives at will, as long as the threat to the lives of the parties is mostly illegal.
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Villagers need to be responsible, although it is illegal for a thief to steal a child, but a villager who beats a thief to death is guilty of intentional homicide.
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