Can you protect yourself from the attack of mental patients?

As a citizen's right, justifiable defense is not the last means to stop illegal infringement. Even if citizens have the conditions to avoid unlawful infringement or seek help from judicial organs, they still have the right to exercise legitimate defense. However, the aggression against mental patients is generally not suitable for justifiable defense, and other methods should be taken as far as possible to avoid aggression. Only when it is absolutely necessary can we defend ourselves properly. The ways and means of defense should be limited and should not be aggressive and destructive. The main purpose of its behavior should be to subdue the infringement, and the best way should be taken to stop the infringement by combining the analysis of the infringement methods, methods and tools. Of course, some counter-attacks can be taken when necessary, but destructive measures such as active strikes cannot be taken. This not only embodies the humanitarian spirit, but also prevents illegal infringement.

Mental patients do not bear criminal responsibility for the infringement results because mental illness will cause mental patients to have obstacles in consciousness, perception, thinking, emotion or intelligence, which will lead them to lose their ability to identify the nature, harm and criminal illegality of their actions and control the direction, way and degree of their actions. Similarly, mental patients can't identify the purpose and defense ability of defenders, including physical and psychological qualities, and can't control their own attack behavior on the basis of this identification, and can't make defenders psychologically stop the attack behavior of mental patients, so as to achieve the purpose of defense, which is likely to cause consequences for both sides.

Although the mental patient has carried out objective harmful behavior, he is subjectively innocent; The behavior of justifiable defense belongs to the consciousness and will of the defender. Although it has a legitimate purpose, in terms of its objective performance, justifiable defense should be an act of actively cracking down on illegal infringers and preventing illegal infringement from continuing, that is, justifiable defense has the characteristics of active infringement and destruction in many cases. The "legitimacy" of self-defense is highlighted in that it punishes evil and promotes good, combats evil forces, protects legitimate interests and upholds justice; However, it is not in line with the legitimate spirit and humanitarian spirit of self-defense to treat the infringement of unconsciousness and will with conscious active aggression and destruction.

I hope the above content can help you. Please consult a professional lawyer if you have any other questions.

Legal basis: Article 20 of the Criminal Law.

In order to protect the state, public interests, personal, property and other rights of oneself or others from ongoing illegal infringement, stopping illegal infringement and causing damage to the illegal infringer, it belongs to self-defense and does not bear criminal responsibility.