1, the transformation from fighting to "unlawful infringement".
"Unlawful infringement" in self-defense includes both criminal acts and other illegal acts, but not all illegal and criminal acts. Fighting with each other is an act that both sides attack each other for the purpose of hurting each other's health, and it is a kind of mutual attack in normal fighting. However, according to the theory of criminal law in our country, if one party has stopped fighting, begged for mercy or fled from the other party, and the other party is still chasing after and continuing to infringe, the nature of fighting has been transformed into unilateral illegal infringement, and the infringed person can defend himself properly.
2. The belligerent suddenly uses deadly weapons.
In a general skirmish, if one side suddenly uses a deadly weapon and the life of the other side is seriously threatened, then the nature of mutual fighting has also changed, and the latter can defend itself properly. The transformation of fighting nature is the premise of fighting self-defense. This sentence can be said to cover most people's understanding of legitimate defense. But in law, self-defense is composed of many conditions. If you think that you or others have been treated unfairly, you can entrust a professional criminal defense lawyer to assist, so as to truly protect the legitimate rights and interests of the perpetrators.
The establishment of justifiable defense must meet the following conditions:
1, cause and condition.
There must be illegal infringement. Unlawful infringement is not limited to criminal acts. The scope of illegal infringement should include illegal acts and criminal acts. Unlawful infringement must exist in reality. As for the degree of unlawful infringement, it is usually limited to violent, destructive and urgent unlawful infringement. Unlawful infringement should usually be done by people.
2. Time conditions.
The time condition of justifiable defense means that justifiable defense can only be carried out when unlawful infringement is in progress, and it is impossible to carry out pre-defense and post-defense. The so-called unlawful infringement is in progress, which means that unlawful infringement has started and has not yet ended.
3. Object conditions.
The objective condition of self-defense means that self-defense can only be implemented on the illegal infringer himself, but not on the third party. Whether the wrongdoer has reached the legal age of criminal responsibility and has the ability of criminal responsibility does not affect the establishment of justifiable defense.
4. Subjective conditions.
The subjective condition of self-defense means that the defender must carry out subjective defense for the purpose of self-defense, that is, to protect the national interests, public interests and the personal, property and other rights of himself or others from unlawful infringement. If it is not for the above purposes, self-defense cannot be established.
5. Restrictions.
The limit condition of justifiable defense means that justifiable defense cannot obviously exceed the necessary limit and cause great damage. Whether it obviously exceeds the necessary limit and causes great damage is a sign to distinguish between legal and illegal, legitimate and excessive defense.
6. The right to improper defense.
Taking defensive actions against violent crimes such as assault, murder, robbery, rape, kidnapping, etc., which seriously endanger personal safety, and causing casualties to illegal infringers, is not excessive defense and does not bear criminal responsibility.
To sum up, in principle, there is no justifiable defense in fighting, but if one party obviously asks for mercy in the process of fighting, and the other party still shows no signs of stopping the attack and continues to do harm, the necessary defensive measures taken by beggars to prevent new illegal infringement belong to justifiable defense, or when one party's weapons are obviously upgraded in fighting and the other party takes necessary defensive measures to prevent serious consequences, the necessary defensive measures belong to justifiable defense.
Legal basis:
Article 20 of the Criminal Law of People's Republic of China (PRC)
Self-defense in order to protect national interests, public interests, personal, property and other rights of oneself or others from ongoing illegal infringement, and stop illegal infringement, thus causing damage to the illegal infringer, it belongs to self-defense and does not bear criminal responsibility.
If excessive and justifiable defense obviously exceeds the necessary limit, causing great damage, criminal responsibility shall be borne, but the punishment shall be mitigated or exempted.
Special defense If defensive actions are taken against ongoing violent crimes such as assault, homicide, robbery, rape and kidnapping that seriously endanger personal safety, resulting in unlawful infringement of personal injury or death, it is not excessive defense and does not bear criminal responsibility.