Third, imaginary defense.
From the third issue of Star Detective Season 5, Zhen Shi Pedestrian Street. Javert (Sa Beining) is drunk. When he returns to the house rented by his ex-girlfriend Seven Fairies (Stephy), he finds that he can't open the door. At this time, a man rushed out of it, and Javert instinctively pushed it, causing the other person's head to hit the floor and die The act of overflowing flavor constitutes imaginary defense.
Imaginary defense refers to the behavior that the actor mistakenly thinks that there is illegal infringement because of subjective mistakes, and the result of defensive behavior is damage. For imaginary defense, it should be handled according to the principle of cognitive error, with negligence as fault and accident as no fault.
The characteristics of imaginary defense are as follows:
(1) Illegal infringement does not actually exist. This is the premise of hypothetical defense, and it is also the key to distinguish hypothetical defense behavior from justifiable defense and other defense errors.
(2) Subjectively, the actor has defensive intention. This is the subjective premise of imaginary defense. The intention of this kind of defense comes from the subjective judgment error of the actor. If the perpetrator knows that the unlawful infringement does not exist, there will be no defensive intention, and of course there will be no imaginary defense.
(3) The perpetrator's "defensive" behavior has caused harm to the innocent, which is the result condition for the establishment of the hypothetical defense.
Note that imaginary defense should not be treated as intentional crime.
According to Article 14 of China's Criminal Law, it is intentional and constitutes a crime to hope or let such consequences happen knowing that one's actions will lead to harmful consequences to society. Whoever intentionally commits a crime shall bear criminal responsibility.
The premise of intentional crime is that the actor knows that his behavior will produce harmful results to society. If you don't know that your behavior is harmful to society, of course, you can't know that this behavior will have harmful consequences to society, so it can't constitute an intentional crime. In the case of imaginary defense, although the actor's defense behavior against others is intentional, this intention is based on the subjective understanding of objective facts, that is, the actor thinks that his behavior is a counterattack against illegal infringement and a legitimate defense behavior that is beneficial to society, that is, subjectively, he does not have the knowledge of criminal intent. Therefore, the intention of imaginary defense cannot be equated with the intention of crime.
Tips Self-defense
According to the provisions of Article 20 of China's 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.
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