Self-defense refers to the act of stopping the illegal infringement against the person who is committing the illegal infringement, causing damage to the illegal infringer. It belongs to self-defense and does not bear criminal responsibility.
Self-defense should meet four conditions:
1. The object of justifiable defense must be unlawful infringement;
2. It must be that the illegal infringement is in progress;
3. Self-defense must be aimed at illegal infringers;
4. Self-defense cannot exceed a certain limit.
Criminal law? Article 20. In order to protect the state, public interests, personal, property and other rights of oneself or others from the ongoing unlawful infringement, it is justifiable defense to stop the unlawful infringement and cause damage to the unlawful infringer, and it is not criminally responsible.
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 of illegal infringers, is not excessive defense and does not bear criminal responsibility.
Article 49 of the Public Security Administration Punishment Law? Theft, fraud, looting, looting, extortion or intentional damage to public or private property shall be detained for more than 5 days 10 days, and a fine of less than 500 yuan may be imposed; If the circumstances are serious, he shall be detained for more than 10 and less than 15, and may also be fined less than 1000 yuan.
Article 26? Whoever commits one of the following acts shall be detained for more than 5 days 10 days, and may also be fined up to 500 yuan; If the circumstances are serious, he shall be detained for more than 10 and less than 15, and may be fined 1000 yuan:
Gang fighting;
(2) Chasing or intercepting others;
(three) extortion or arbitrary damage, embezzlement of public or private property;
(4) Other provocative acts.
Article 275 of the Criminal Law Crime of Intentional Destruction of Property Whoever intentionally destroys public or private property, if the amount is relatively large or there are other serious circumstances, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine; If the amount is huge or there are other particularly serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Extended data:
The following acts are not justifiable defense
1. Violence by either side against others in a fight. When two or more people fight, the so-called counterattack behavior of the party who starts first and then attacks others does not belong to justifiable defense.
2. The so-called "self-defense" behavior of hypothetical illegal infringement. Unlawful infringement must exist objectively, not subjectively.
3. The so-called "self-defense" behavior is aimed at the actor who has not started the illegal infringement.
4. The perpetrator automatically stops or has completed the so-called "self-defense" behavior of illegal infringement.
5. The so-called "self-defense" behavior that has nothing to do with the third party is not aimed at the ongoing illegal infringer himself.
6. The so-called "justifiable defense" behavior when the wrongdoer has been subdued or has lost the ability to continue to infringe.
7. Defensive provocation of so-called "justifiable defense" behavior. That is, in order to violate each other, deliberately tease others to attack themselves, and then use self-defense as an excuse to hurt each other.
8. The so-called "self-defense" behavior of mental patients or minors without criminal responsibility.
Window of Xishuangbanna Public Security Bureau-Criminal Law
China People's Network-Public Security Administration Punishment Law