When my friend was beaten by several people, he grabbed someone else's weapon, but it was not the other person's, resulting in one death. Is it too defensive?

Article 234 of the Criminal Law Whoever intentionally harms another person's body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.

Whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or serious disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where there are other provisions in this Law, such provisions shall prevail.

This kind of behavior belongs to excessive defense and should be mitigated or given a lighter punishment.

Zongheng Law Network-Guangdong Decheng Law Firm-Lawyer Zhu Gui