But there are also cases where there is no need to bear criminal responsibility for killing people. Article 18 of the Criminal Law also stipulates: the criminal responsibility ability of special personnel. If a mental patient causes harmful results when he cannot identify or control his own behavior, he shall not bear criminal responsibility if he is confirmed by legal procedures, but his family members or guardians shall be ordered to strictly guard and treat him; When necessary, the government forces medical treatment. Intermittent mental patients who commit crimes when they are mentally normal should bear criminal responsibility. If a mental patient who has not completely lost the ability to identify or control his own behavior commits a crime, he shall bear criminal responsibility, but he may be given a lighter or mitigated punishment. A drunken person who commits a crime shall bear criminal responsibility. )
Article 20 of the Criminal Law stipulates that 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.
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, 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.