Ask for help: Is this justified self defense?

It is not justified defense!According to the law, it is a means of defence to be threatened with life and not being helped!And your brother is obviously not in danger of his life, so it is not justified defense!

According to Article 20 of the Criminal Law, an act taken to stop an unlawful infringement in order to protect the State, the public interest, the person, property and other rights of oneself or others from an ongoing unlawful infringement and causes damage to the wrongdoer shall be regarded as justified defense and shall not bear criminal responsibility.

It should meet the following criteria:

1. The legitimate defense must be directed against the unlawful offense;

(2) It must be at the time when the wrongful infringement is in progress;

3. Justifiable defense cannot go beyond a certain limit.

In the case you described, the excesses of the division commander can be regarded as infringement, but dodging and blocking are enough to stop and prevent the infringement, and if the so-called retaliation is taken, it will be a new infringement.

Justifiable defense belongs to the category of self-reliance against torts, which requires an appropriate timing, appropriate means, appropriate degree, and appropriate results.

The timing should be when it is infringed, not sooner or later;The means and degree shall be limited to the suppression of infringement;As a result, one's own actions cannot constitute infringement.

In the case you described, the excesses of the division commander can be regarded as infringement, but dodging and blocking are enough to stop and prevent the infringement, and if you take the so-called counterattack, then you are a new infringement.

The above family's words, for the teacher, it is better to leave enough respect and humility, don't think about anything to fight back, and this kind of identity relationship cannot rise to the law to solve the estimate.

Hehe, bai, China's self-defense is actually in gray.

Self-defense is when your life is in crisis.

However, even if this is the case, you can't determine whether he is really in danger of his life in the court, and even if you explain it well, it will be difficult for the court to accept it, which is a gray area.

Can I fight back when someone hits me?

What is justifiable defense?Star Awareness Project

If it is unintentional, it is justified defense, and one condition is that B must move his hand beforehand, and A is harming B in order to protect himself from harm, and the consciousness is unintentional!

If you are beaten and forced to defend yourself, it is justified defense and there is no need to pay compensation.

In the case you are talking about, it is justified self-defense for the following reasons:

1. It was the other party who was unreasonable and hit someone first.

2. A fought back in defense during the beating.

3. A injured B unintentionally.

4. Just scratch the face, it is estimated that the injury is very slight, and it will not be overly defensive.

Therefore, you don't need to pay attention to the other party, on the contrary, you can also hold the other party accountable for playing B.