Excessive self-defense
Excessive defense refers to the behavior that justifiable defense obviously exceeds the necessary limit and causes great damage to the illegal infringer.
Excessive defense has the following main characteristics:
(1) must obviously exceed the necessary limit. The "necessary limit" mentioned here refers to the necessary defense strength to effectively stop illegal infringement; "Obviously exceeding the necessary limit" means that ordinary people can realize that their defense intensity has exceeded the necessary intensity of legitimate defense, that is, it should be limited to whether the defense behavior can stop the ongoing illegal infringement.
(2) It has caused great damage to the violator. The "significant damage" mentioned here refers to the serious consequences such as personal injury and death caused by illegal infringement because the defensive behavior of the defender obviously exceeds the necessary limit.
In short, in the face of illegal infringement, if you can stop the infringement by gentle means, don't use fierce defense means; When the infringement has stopped, don't continue to hurt the infringer. Otherwise, it may exceed the limits of self-defense and become excessive defense.
The elements of the defense are as follows: ① The defense must be directed against the infringer himself and not against the third party. If a method that harms the interests of a third party is implemented, the provisions of self-defense cannot be applied. 2 defense cannot be excessive. That is, self-defense cannot exceed the necessary limit, causing undue damage. The necessary limit does not mean whether the damage of defenders and infringers is basically balanced, but whether it exceeds the limit of effectively stopping illegal infringement. If the defensive behavior at that time was not necessary to stop the illegal infringement, thus causing undue damage to the infringer, it was excessive defense.
According to the Criminal Law of People's Republic of China (PRC), acts of self-defense are not criminally responsible. Excessive defense should bear criminal responsibility, but the punishment should be mitigated or exempted as appropriate.
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.
What are the unjust defenses?
1, excessive defense. It means that the legitimate defense of the actor exceeds the necessary limit of legitimate defense, causing undue damage.
2. Defend against provocation. It means that the actor deliberately teases the other party to make it illegally infringe on himself, and then hurts the other party under an excuse.
3. Defense against a third person is also called external defense. It refers to the violations committed by defenders against people other than those who commit illegal violations.
4. imaginary defense. It refers to the illegal infringement that does not exist at all, and is infringed because the actor guesses, estimates and infers the existence of illegal infringement.
5. Prevention is also called prevention. It refers to the so-called defensive behavior taken by the actor against the person who will commit illegal infringement before the illegal infringement has occurred or arrived.
6. Defend afterwards. It refers to the so-called defensive behavior against the illegal infringer after the termination of the illegal infringement.
Whether it belongs to self-defense depends on the severity of the injury caused by student A to two hooligans. This problem cannot be separated from its seriousness. Although there was no death, the injury was serious. In your question, you said it was a broken hand and foot. If it is only a simple hand or leg fracture, it is also excusable. If the injury is too serious, it will cause disability. It's hard to say.