In this case, the homeowner can take proper defense, but if the other party does not commit violent crimes that seriously endanger personal safety, such as beating, killing, robbery, rape, etc. after illegally breaking into the private house, taking lethal force to defend itself is likely to constitute excessive defense. If circumstances permit, it is recommended to call the police.
According to the provisions of Article 20 of the Criminal Law, in order to protect the state, public interests, the person, 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.
If you have any legal questions, please consult Macheng Law Group, a well-known lawyer team in Shenzhen, and we will wholeheartedly provide you with the most professional legal services.