Whether one bears legal responsibility depends on whether the intensity of defense is too high.
According to the provisions of Article 20 of the "Criminal Law of the People's Republic of China", in order to protect the state and the public, the person, property and other rights of the person or others are protected from ongoing If an act is taken to stop the illegal infringement and causes damage to the illegal intruder, it shall be deemed as legitimate defense and shall not bear criminal liability.
Whoever's legitimate defense clearly exceeds the necessary limit and causes serious damage shall bear criminal liability, but the punishment shall be reduced or exempted.
If a person who is committing an assault, murder, robbery, rape, kidnapping or other violent crime that seriously endangers personal safety takes legitimate defensive actions and causes casualties to an unlawful intruder, it does not constitute excessive defense or irresponsibility. criminal responsibility.
Therefore, if the intensity of the defense measures is very different from the degree of infringement, and it is established that the defense is excessive, criminal responsibility should be borne, but the punishment should be reduced or exempted.
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Related news: Justifiable defense allows certain damage to the wrongdoer.
In the twelfth batch of guiding cases released by the Supreme People's Procuratorate, the four cases involved were all legitimate defense or excessive defense cases, and the Kunshan "anti-homicide case" that has attracted widespread public attention was selected. Sun Qian, deputy prosecutor general of the Supreme People's Procuratorate, said that legitimate defense is a legitimate and legitimate behavior encouraged and protected by the law, which allows the defender to cause certain damage to the illegal offender, and even cause casualties.
Sun Qian believes that in general defense, it is necessary to pay attention to the intensity of defensive measures. If the intensity of defensive measures is very different from the degree of infringement, it will be regarded as excessive defense. bear criminal liability. "Compared with the Yu Huan case that was released this time, the problem of excessive defense is more obvious. In both cases, in order to stop general violations, a knife was used to stab the victim's vital parts, which ultimately caused From the comparison of factors such as the nature, means, intensity and results of the defense and the infringement, the major damage consequences of serious injury or death of the offender are unnecessary and the gap is large. Therefore, it is established that the defense is excessive and criminal responsibility should be borne. "
Huan County Court Network-Chinese People's Court, National Criminal Law
Mobile People's Network-Legitimate defense allows illegal offenders to suffer certain damages