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.
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.
Extended data:
Case: three years in prison for excessive defense causing death.
Driving home after drinking, having an argument with others on the way, and accidentally missing under the influence of alcohol and anger. Recently, the People's Court of Menyuan County sentenced Ma Moujia to three years in prison for excessive defense, which constituted the crime of intentional injury.
On August 16, 2065438, when Ma Moujia drunk and drove to the vicinity of the No.1 Middle School in Menyuan County, Ma Moujia drove the vehicle from behind, and Wang (29 years old) and Ma Mouyi, who were sitting in the car, forced Ma Moujia's car to stop in the middle of the road on the grounds that it was swaying left and right in front, and successively got off and pulled Ma Moujia out of the car enclosure.
A single-edged wooden handle knife was taken out from the storage compartment of the cab door and waved wildly at Wang and Ma who were beating him, causing Wang to be stabbed in the abdomen and neck and Ma to be stabbed in the right leg. Wang died at 2 am on August 20 16 15 due to ineffective rescue.
After forensic identification, Wang was hit on the neck and upper abdomen by others with sharp instruments, resulting in rupture of the right external jugular vein and liver parenchyma, resulting in massive bleeding and death. After the incident, Ma Moujia surrendered himself to the public security organs.
The Menyuan County People's Court held that in this case, the defendant Ma Moujia stabbed Wang and Ma Mouyi with a knife to stop the beating that Wang and others were carrying out, causing Wang to bleed to death.
His behavior has exceeded the necessary limit, causing great damage, which belongs to excessive defense and constitutes the crime of intentional injury. After the incident, Ma Moujia surrendered himself in time, and compensated part of the economic losses of the victim's relatives through his relatives, and obtained the understanding of the victim's relatives. The court then made the above judgment according to law.
At the same time, the public prosecution agency filed a lawsuit against three people, including Ma Mouyi, who participated in the trouble-seeking. The court sentenced Ma Mouyi and other three people to one year and four months in prison for the crime of seeking trouble.
References:
China People's Congress Network-People's Republic of China (PRC) and China Criminal Law
References:
People's Daily Online-Death caused by excessive defense was sentenced to three years in prison.