1. How many years are you sentenced to prevent wolves from spraying?
If it is really an accidental injury, you will not be considered guilty. However, returning Z depends on what kind of personal injury it actually caused to the other party.
If you use anti-wolf spray to protect yourself, it is a legitimate defense, and you generally do not bear criminal responsibility without major incidents.
If you spray someone with anti-wolf spray, the other person will be seriously injured or even killed, and the consequences will be more serious. According to the criminal law, it can be punished by the crime of causing serious injury or death through negligence. Whoever constitutes the crime of causing serious injury through negligence shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. Whoever negligently causes death shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not more than three years. In addition to criminal responsibility, it should also bear corresponding civil compensation.
criminal law
Article 20 justifiable defense
In order to protect the state, public interests, personal, 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.
Article 233 Crime of negligent death
Whoever negligently causes death shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not more than three years. Where there are other provisions in this Law, such provisions shall prevail.
Second, how to identify justifiable defense
According to the criminal law, only the following five elements can constitute justifiable defense:
1. Causal condition: illegal violation of reality.
The reason of self-defense must be the objective illegal infringement. "Illegal" means not allowed by laws and regulations, provided that the infringement constitutes a crime. It is generally believed that self-defense can be implemented against the aggression of mental patients. However, not all criminal acts can be justified, such as corruption, dereliction of duty and other crimes that are not urgent and aggressive, and the self-defense system is generally not applicable. Unlawful infringement should be carried out by people. In principle, it is an emergency to fight back against the harmful behavior of animals, not self-defense. Unlawful infringement must exist in reality. If the defender mistakenly believes that there is illegal infringement, it constitutes imaginary defense. Imaginary defense is not justifiable defense. If it is subjective negligence, the criminal law stipulates that negligent crime constitutes a crime, otherwise it is an accident.
2. Time condition: illegal infringement is going on.
Only when the illegal infringement is going on can it pose a threat and urgency to the legitimate rights and interests, and the defense behavior can be justified. Generally speaking, the start time of illegal infringement begins when the illegal infringer begins to commit the infringement, but when the actual threat of illegal infringement is obvious and urgent, and it will cause irreparable damage after implementation, it can be considered that the infringement has begun. The end time of illegal infringement-when the legitimate rights and interests are no longer threatened by urgent and realistic infringement, illegal infringement is considered to be over. Specifically, the actor was subdued, lost the ability to infringe, took the initiative to stop the infringement and fled the scene, which could not cause harmful results and could not continue to cause more serious consequences. In property crimes, even if the infringement has been completed, if the loss can be recovered in time, it can be considered that the illegal infringement is not over yet.
3. Subjective conditions: defensive awareness.
Justifiable defense requires the defender to have defense consciousness and defense will. The former means that the defender realizes that illegal infringement is going on; The latter refers to the motivation of defenders to protect legitimate rights and interests.
4. Object condition: Defend the infringer.
Self-defense can only be directed at the infringer himself. Because the infringement is caused by the infringer himself, only by defending himself can the legitimate rights and interests be protected. Even if it is a joint crime, it can only defend the person who is committing illegal infringement, but not the accomplice who has not committed infringement. If you defend a third person, it may constitute intentional crime or imaginary defense or emergency avoidance. It can also be carried out on the object brought by the infringer to help him hurt.
5. Limit conditions: the necessary limit is not obviously exceeded.
The defensive behavior must be carried out within the necessary and reasonable limits, otherwise it will constitute excessive defense. For example, A wants to flirt with B, and B's companion C knocks A to the ground and then kills A with a heavy object. This obviously exceeds the necessary limit of self-defense. It must be noted that anything that does not exceed the necessary limit constitutes excessive defense, and only those that "obviously" exceed the necessary limit and cause great damage are excessive defense. Excessive defense is a violent crime that seriously endangers personal safety and does not constitute excessive defense.
How many years is the sentence for spraying people with wolf spray? You don't have to bear criminal responsibility for spraying people with anti-wolf spray, it depends on the reason for spraying people with anti-wolf spray. If it is self-defense, you can claim not to bear responsibility. Because of his humanity, what is his responsibility after spraying people with anti-wolf spray? You can find a lawyer to know how to solve it.