Criminal defense lawyer Zhao Ping

Article 20 of China's criminal law stipulates: 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 belongs to self-defense and does not bear criminal responsibility.

There are five elements of justifiable defense, namely

1. Causal condition: violation of reality;

2. Time conditions: the infringement is going on;

3. Subjective conditions: having a sense of defense;

4. Object condition: defense against the infringer;

5. Limit conditions: the necessary limit is not obviously exceeded.

Judging from this case, Party B has no murder weapon, while Party A has a knife. At the same time, the limit of Party A's defense is only to subdue Party B, but Party A stabbed Party B several times, causing death. Has been suspected of intentional homicide, not excessive defense.