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Not necessarily, it depends on the situation at the time, and it should be within the limit of defense, otherwise it will also constitute a tort.
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It depends, if he has a motive to pose a threat to you, it is.
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It depends on the specific situation If it is ordinary, you are guilty of excessive defense and will bear criminal responsibility; However, if the situation is critical, and if it threatens your life and health, it is justified defense and no sentence will be imposed.
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Yes, although justifiable defense is applicable to the attack on the violent party at the time of infringement to protect the personal and property safety of oneself and others, if the defense is excessive, causing serious injury to the other party (which can be defined as more than the degree of harm you may have suffered at that time) or even death, you must bear relevant legal responsibility.
2.Against wrongdoing. 3.
The wrongful act must be ongoing, not uncommenced or finished. 4.In the case of the wrongdoer, it cannot be another third person or thing.
5.It cannot exceed the necessary limit.
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You can go to the police station to report the case, and the situation you said is considered excessive defense, and you should bear criminal responsibility.
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Your imagination is indeed rich.
Justifiable defense is a kind of legitimate act, a legitimate right of Chinese citizens, and it is a necessary defensive act taken against the person who commits the unlawful infringement in order to prevent the state, the public interest, the person, property and other rights of oneself or others from being subjected to ongoing unlawful infringement. The exercise of the right of justifiable self-defense must be in accordance with the provisions of the law, and it is not permissible to exceed the necessary limits, and it is not allowed to abuse the right of justifiable self-defense, and if it is not against an illegal act, it is not justifiable defense, such as fighting and brawling. Both have the intention to infringe on the other party, and the actions of both parties are unlawful infringements, and neither the first action nor the second action is justified defense.
In question 1, if you get into a fight over trivial matters, no matter who makes the first move, you have the intention to infringe on the other party, and it is not legitimate defense.
In Question 2, if someone is committing a robbery, you can defend yourself, and the act can be recognized as justifiable defense, but it should be noted that it must be a robbery being committed. Minors, like adults, can exercise legitimate self-defense.
In Question 3, your conduct constitutes excessive self-defense, and you should bear criminal responsibility in accordance with the law, and the punishment can be mitigated or commuted.
It is recommended that you study hard and don't have to think about these messy things all day long.
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It can't be regarded as legitimate defense, you have defensive tools on all the problems you mentioned, minor injuries are nothing, serious injuries or death are not easy to say, and pay attention to having someone present to testify for you, otherwise the other party will bite you to hurt or kill someone, because both sides have **, if no one brings something from you enough for you to drink a pot.
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You are very imaginative, you have seen too much martial arts!
Of course, it's just self-defense.
Justifiable defense is generally directed against the personal rights of the wrongdoer, but it does not exclude the right to property rights, such as attacks on animals. A lets the dog bite B, and the person who commits the unlawful infringement is A, and B should of course exercise legitimate defense against the unlawful infringer A, and at the same time, it can also defend against A's property rights, that is, A's dog, and the legal effect is the same. >>>More
Basic Interpretation is 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 ongoing unlawful infringement. Where legitimate defense causes harm to the unlawful offender, criminal responsibility is not borne. What to expect: >>>More
What is justifiable defense?
Justifiable defense refers to the act of defense taken to stop unlawful infringement in order to protect the state, the public interest, the person, property and other rights of the person or others from ongoing unlawful infringement. It is an act of counterattacking the illegal infringer and protecting the legitimate rights and interests from infringement, and it is a legal system stipulated in the criminal law to protect the perpetrator from fighting against illegal and criminal acts. Acts of justifiable defense shall meet the following conditions: >>>More
Article 20 of the Criminal Law of the People's Republic of China stipulates: "Any act taken to stop an unlawful infringement in order to protect the public interest of the state, the person, property and other rights of oneself or others from an ongoing unlawful infringement and cause damage to the wrongdoer shall be regarded as justified defense and shall not bear criminal responsibility." >>>More
When the other party hits your friend, if your friend does not have any ** in his hand, the other party does not constitute legitimate defense. But if your friend has ** in his hand, and the action is very large, which directly leads to the safety of the other party's life, then the other party constitutes legitimate defense, and killing your friend is considered a wasted killing. >>>More