Whether being beaten back is legitimate defenseArticle 20 of my country’s Criminal Law stipulates: In order to protect the state, the public, oneself or others’ personal, property and other rights fro
Whether being beaten back is legitimate defenseArticle 20 of my country’s Criminal Law stipulates: In order to protect the state, the public, oneself or others’ personal, property and other rights from ongoing If an act is taken to stop the illegal infringement due to illegal infringement and causes damage to the illegal intruder, it 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. Legal consultation: I was driving a truck to deliver goods. While driving, the driver on the side of me wrongfully accused me of wrongdoing, so I responded with a curse word. The driver hit me on the forehead and eye socket while driving, but fortunately the car One of the comrades on the bus held steady on the side, otherwise the car would have been in an accident. After getting out of the car, I found that my eye socket was damaged, so I went back and found that the other person's mouth was already a bit broken. After going to the hospital for examination, it was mainly eye damage. Later, the boss said that it would be settled privately and that he would be responsible for the medical expenses. Now this guy refused to admit his mistake and said that my family hit you first, and then your family also hit me to compensate. He went to work that afternoon, and when I found him the next day, he was still at work. When he saw my family looking for the boss, he went home. Later, his wife came and said she had a headache and couldn't go to work, etc., but she still didn't admit it was him. The family is at fault. What should I do? If I don’t call the police for a long time, will it have no legal effect? Then I had to park the car and go back. I couldn't help it by driving, so I parked the car and went back. Hualv.com lawyer’s answer: Generally, if you don’t call the police for six months, you will no longer be held administratively responsible, but you should still bear civil liability. To explain a problem, you did not fight back when your life was in danger, but you fought back afterwards, so Your actions do not constitute legitimate defense. Justifiable defense refers to the act of preventing the country, the public, oneself or others from ongoing illegal infringement on their personal, property and other rights, stopping the illegal infringement, and causing damage to the illegal infringer. I understand what you mean, but your behavior does not constitute legitimate defense, it is an after-the-fact defense. Relevant legal knowledge: Article 20 of the Law on Justifiable Defense [Criminal Law]: Measures taken to stop unlawful infringement in order to protect the state, the public, the person, property and other rights of the individual or others from ongoing unlawful infringement. Any act that causes damage to an unlawful offender shall be considered 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. If a person who is committing an assault, murder, robbery, rape, kidnapping, or other violent crime that seriously endangers personal safety performs legitimate defense and causes casualties or injuries to an unlawful intruder, it does not constitute legitimate defense and he will not be held criminally responsible. Article 21 Anyone who has no choice but to take emergency evasive actions in order to protect the state, the public, himself or others from ongoing dangers to his or her personal, property and other rights, thereby causing damage, shall not be held criminally responsible.