2. If justifiable defense obviously exceeds the necessary limit and causes great damage, criminal responsibility shall be borne, but punishment shall be mitigated or exempted.
Characteristics of the crime of negligent death
(a) The object of this crime is the right to life of others;
(2) The objective aspects of this crime are as follows:
1. The perpetrator has caused death;
2. Objectively, it is bound to lead to death;
3. There is a causal relationship between the negligent behavior of the actor and the death result of the victim.
(3) The subject of this crime is a general subject, that is, a natural person who is over 16 years old and has criminal responsibility can constitute the subject of this crime;
(4) The subjective manifestation of this crime is negligence, including overconfident negligence and negligent negligence, which aims at the death result.
Characteristics of the crime of negligent death
(a) The object of this crime is the right to life of others;
(2) The objective aspects of this crime are as follows:
1. The perpetrator has caused death;
2. Objectively, it is bound to lead to death;
3. There is a causal relationship between the negligent behavior of the actor and the death result of the victim.
(3) The subject of this crime is a general subject, that is, a natural person who is over 16 years old and has criminal responsibility can constitute the subject of this crime;
(4) The subjective manifestation of this crime is negligence, including overconfident negligence and negligent negligence, which aims at the death result.
I hope the above contents can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 2 of the Criminal Law
In order to protect the state, public interests, the person, property and other rights of oneself or others from the ongoing unlawful infringement, stopping the unlawful infringement and causing damage to the unlawful infringer, it belongs to self-defense and does not bear criminal responsibility.
if justifiable defense obviously exceeds the necessary limit and causes great damage, criminal responsibility shall be borne, but the punishment shall be mitigated or exempted.
taking defensive actions against violent crimes such as assault, homicide, robbery, rape and kidnapping that seriously endanger personal safety, resulting in unlawful infringement of human casualties, is not excessive defense and does not bear criminal responsibility.
Article 233 of the Criminal Law
Whoever negligently causes death shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not more than three years. Where there are other provisions in this Law, such provisions shall prevail.