It can be stopped. The measures taken to stop the shop smashing behavior are defense. This measure does not necessarily involve beating the other person, but can be other measures sufficient to stop the behavior. If the offender is beaten, whether he will bear legal responsibility will be determined according to the specific circumstances of the case. If the other party is injured because he stopped the other party, he will not bear legal responsibility.
Legitimate defense means that if a person who is committing an illegal infringement causes damage to the illegal intruder due to his actions to stop the illegal infringement, it is considered legitimate defense and will not bear criminal responsibility.
Legitimate defense should meet four conditions:?
1. The person targeted by legitimate defense must be an unlawful intruder; ?
II. It must be while the unlawful infringement is ongoing; ?
III. The person targeted by self-defense must be the unlawful intruder; ?
IV. Justifiable defense cannot exceed a certain limit.
Article 20 of the "Criminal Law": Justifiable defense is a measure taken to prevent the state, the public, the person, property and other rights of oneself or others from ongoing unlawful infringement. Any act of unlawful infringement that causes damage to the unlawful intruder shall be deemed as legitimate defense and shall not bear criminal liability. ?
If the legitimate defense clearly exceeds the necessary limit and causes serious damage, he shall bear criminal responsibility, but the punishment shall be reduced or exempted.
Those who are committing crimes, killings, robberies, rapes, kidnappings, and other violent criminal activities that seriously endanger personal safety, and who cause casualties or casualties due to unlawful assault due to legitimate defense, are not deemed to have excessive defense and are not liable to criminal liability. responsibility.
Article 49 of the "Public Security Management Punishment Law": Anyone who steals, defrauds, robs, snatches, extorts or intentionally damages public or private property shall be detained for not less than 5 days but not more than 10 days, and may also be fined 500 yuan. A fine of not more than 1,000 yuan; if the circumstances are serious, he or she shall be detained for not less than 10 days but not more than 15 days, and may also be fined not more than 1,000 yuan.
Article 26: Anyone who commits any of the following acts shall be detained for not less than 5 days but not more than 10 days, and may also be fined not more than 500 yuan; if the circumstances are serious, he shall be detained for not less than 10 days but not more than 15 days. , may also be fined up to 1,000 yuan:
(1) Fighting in groups;
(2) Chasing or intercepting others;
(3) Rape Taking force or arbitrarily damaging or occupying public or private property;
(4) Other acts of provoking quarrels and provoking trouble.
Article 275 of the "Criminal Law": Whoever intentionally destroys property, intentionally destroys public or private property, and 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 more than three years, criminal detention, or a fine; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.
Extended information:?
The following actions are not legitimate defense?
1. Violence committed by one party against the other in a fight or brawl. In a fight between two or more people, one party strikes first and the latter party commits the so-called counterattack against the other person, which does not constitute legitimate defense.
2. The so-called "legitimate defense" behavior assuming illegal infringement. Unlawful infringement must exist objectively and cannot be subjective imagination or speculation.
3. The so-called "legitimate defense" against the perpetrator who has not yet begun to commit illegal infringements.
4. The so-called "legitimate defense" behavior against the perpetrator of the illegal intrusion that has automatically stopped or ended.
5. So-called "self-defense" acts committed against unrelated third parties rather than against the perpetrator of an ongoing wrongful act.
6. The so-called "legitimate defense" when the offender is subdued or loses the ability to continue the offence.
7. The so-called "legitimate defense" defense provocation. That is, in order to harm the other party, one deliberately provokes others to attack oneself, and then harms the other party under the pretext of legitimate defense.
8. The so-called "justifiable defense" infringement behavior of mentally ill persons or minors who are not criminally responsible.
Xishuangbanna Prefecture Public Security Bureau Window--Criminal Law
China National People's Congress Website--Public Security Management Punishment Law