Can a thief be beaten after being caught

Updated on society 2024-07-10
16 answers
  1. Anonymous users2024-02-12

    No, it can only be handed over to the judicial organs for punishment according to law, and it is also illegal to beat yourself, it is an ill-treatment, and it should be handed over to the public security bureau, and it must be punished according to law.

  2. Anonymous users2024-02-11

    Of course not, he can resist in the process of stealing, that is legitimate defense. But when he has already been caught, it is a deliberate injury to be beaten again, and it is illegal.

  3. Anonymous users2024-02-10

    In principle, you can't fight, but it's okay to teach a proper lesson, pay attention to the strength, don't do any harm, and then hand it over to the police station after the beating.

  4. Anonymous users2024-02-09

    No, he is also a human being, he will also hurt, you know, if you hit him, you will also hurt, you can't fight.

    Send him to the Public Security Bureau and let him fend for himself.

  5. Anonymous users2024-02-08

    No, hand it over to the police station for disposal.

  6. Anonymous users2024-02-07

    No. Assault resulting in death is the crime of intentional homicide, and maiming is the crime of intentional wounding. It will be handed over to the public security department for disposal.

  7. Anonymous users2024-02-06

    No citizen has the right to inflict physical harm on other citizens under any circumstances.

  8. Anonymous users2024-02-05

    Yes, don't shoot to death!

  9. Anonymous users2024-02-04

    If he wants to resist, he will fight, but generally he can't fight

  10. Anonymous users2024-02-03

    Most of what my friends said above is right!

    You get the idea! No.

  11. Anonymous users2024-02-02

    If you feel really angry, provoke him first, and then let him attack you first, at this time, just defend, fight to the death, and hate the thief the most.

  12. Anonymous users2024-02-01

    Legal analysis]: Whether it is illegal to catch a thief and hit a thief depends on the specific situation. Although the thief has committed a crime or committed a crime, the act shall be punished by the administrative or judicial organ authorized by law.

    If the thief is caught, the crowd retaliates and punitively beats him, and the beater is guilty of a crime. If the thief is discovered at the scene of the crime and uses violence to resist arrest, the public may take appropriate measures, but not more than necessary.

    Legal basisArticle 248: Where the supervisors of prisons, detention centers, detention centers, or other regulatory agencies beat or physically punish and abuse persons under supervision, and the circumstances are serious, they are to be sentenced to up to three years imprisonment or short-term detention; where the circumstances are especially serious, the sentence is between three and ten years imprisonment. and where a person is injured or killed, it is to be convicted and given a heavier punishment in accordance with the provisions of articles 234 and 232 of this Law.

    Where supervisors instruct persons under supervision to beat or physically punish or abuse other persons in custody, punishment is to be given in accordance with the provisions of the preceding paragraph.

  13. Anonymous users2024-01-31

    Hitting a thief is an offence and may constitute the crime of intentional injury.

    Legal analysisThe crime of intentional injury refers to the act of intentionally and unlawfully harming the physical health of others, and is a crime of infringing on citizens' personal rights and democratic rights in the Criminal Law of China. The main characteristics are: (1) The object of the crime is the physical health of others.

    Intentionally harming one's own physical health generally does not constitute a crime. However, if the act of self-harm harms the interests of society and violates other provisions of the Criminal Law, 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. Actions that harm the body of others can take the form of either positive or negative omissions. The former such as punching and kicking, slashing, smashing, smashing, boiling water, etc.; In the latter case, if the babysitter, who is responsible for protecting the child, is irresponsible and does not care when she sees the child poking a knife at the body, and as a result, the child stabs herself in the eye, which may constitute this crime.

    It can be carried out by oneself, or by using others such as minors and mentally ill people, and can also be carried out by using domesticated animals such as poisonous snakes and wolf dogs. It can not only target the appearance of the human body, causing the mutilation of external tissues or the destruction of appearance, but also target the interior of the human body, causing the destruction of internal tissues and organs, and hinder its normal functional activities. In short, whether it is directly committed by the person or indirectly, and no matter what part is targeted or what method is adopted, as long as it is intentional and can cause harm to the personal health of others, the crime of intentional injury can be constituted.

    Legal basisCriminal Law of the People's Republic of China Article 234 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 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.

  14. Anonymous users2024-01-30

    Hitting a thief is not a crime, and it cannot be generalized. If the thief is committing a theft, the thief can be justified in defense in order to stop the thief's theft. However, there are limits to justifiable defence.

    Because theft is not a violent crime that seriously endangers personal safety, special justifiable defense cannot be exercised, and violence can only be used to the extent that it can prevent the thief from stealing. It must be carried out before the thief's theft is completed. If the thief succeeds in the theft and leaves the scene, even if the thief is encountered again, the thief must not be beaten, because the theft has already been completed.

    If you hit the thief again, it is an untimely defense, and it no longer constitutes legitimate defense, and it is a crime. Article 20 of the Criminal Law: Justifiable defense, 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 harm to the unlawful infringer, is justified defense and does not bear criminal responsibility. Additional Information:

    Excessive defense refers to acts in which legitimate defense clearly exceeds the necessary limit and causes significant harm to the unlawful offender. Excessive defense has the following main characteristics: 1. It must clearly exceed the necessary limit.

    The "necessary limit" here refers to the strength of defence necessary to effectively stop the unlawful offense; "Clearly exceeding the necessary limit" means that the average person can recognize that the strength of his or her defence has exceeded the strength necessary for legitimate defence, that is, whether the defensive act can stop the ongoing unlawful offense. 2. Causing significant damage to the wrongdoer. The term "major harm" here refers to serious consequences such as unlawful infringement of the person's person due to the defender's defensive act that clearly exceeds the necessary limit.

    In short, when faced with illegal infringement, if the infringement can be stopped by more moderate means, do not use drastic defensive means; When the violation has been stopped, no further harm should be inflicted on the aggressor. Otherwise, the limit of legitimate defence may be exceeded and become excessively defensive.

  15. Anonymous users2024-01-29

    Wounding a thief constitutes intentional injury to the offender law, establishing justifiable self-defense, not committing a crime. But legitimate defense must be within certain limits. Where major harm is clearly caused beyond the necessary limit, criminal responsibility shall be borne, but punishment shall be mitigated or waived.

    Legal basis: Article 20 of the Criminal Law Acts taken to stop unlawful infringements in order to protect the state, the public interest, the person, property and other rights of oneself or others from ongoing unlawful infringement, and harm to the unlawful infringer of man-made members, are justified defense and do not bear criminal responsibility.

  16. Anonymous users2024-01-28

    If the person concerned hits the thief, he also needs to be responsible. If a party discovers a criminal suspect in theft, he shall be brought to justice through legal channels, and he may be sent to the local public security organ; However, if the party beats the suspect of theft without permission, to the extent that he or she is slightly injured or more than Qi Yinyin, it constitutes the crime of intentional injury.

    Article 234 of the Criminal Law stipulates that anyone who intentionally injures the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. Whoever commits the crime in the preceding paragraph and causes serious injury is to be sentenced to fixed-term imprisonment of not less than three years but not more than 10 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.

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