If the legitimate defense clearly exceeds the necessary limit and causes serious damage, the person shall bear criminal liability, but the punishment shall be reduced or exempted.
Those who take defensive actions against violent crimes such as assault, murder, robbery, rape, kidnapping, etc. that seriously endanger personal safety, resulting in casualties or casualties of unlawful intruders, shall not be regarded as excessive defense and shall not be held criminally responsible.
Extended data:
Case: Sentenced to three years in prison for causing death due to excessive defense.
Driving home after drinking, he got into an argument with someone on the way and accidentally lost his hand under the influence of alcohol and anger. Recently, the Menyuan County People's Court sentenced Ma Moujia to three years in prison for excessive defense, which constituted intentional injury.
On August 16, 2065438, when Ma Moujia drove drunk near the No. 1 Middle School of Menyuan County, Ma Moujia drove the vehicle from behind, and Wang Moujia (29 years old) was sitting in the car. ), Ma Mouyi forcibly stopped Ma Moujia's car in the middle of the road on the grounds that Ma Moujia's car was shaking left and right in front, and got out of the car one after another to pull Ma Moujia out of the car enclosure.
Ma Moujia climbed to the car door, took out a single-edged wooden handle knife from the cab door storage compartment, and swung it at Wang Mouyi and Ma Mouyi who were beating him, causing Wang Moujia's abdomen , was stabbed in the neck, and Ma Mouyi was stabbed at the base of his right leg.
Wang died at 2 a.m. on August 15, 2016 due to ineffective rescue efforts. According to forensic identification, Wang was stabbed on the neck and upper abdomen with a sharp instrument, causing rupture of the right external jugular vein, rupture of liver parenchyma, and death from massive hemorrhage. After the incident, Ma Moujia surrendered to the public security organ.
The Menyuan County People's Court held that in this case, the defendant Ma Moujia stabbed Wang and Ma B with a knife in order to stop the beating that Wang and others were carrying out, causing Wang to bleed to death.
His behavior exceeded the necessary limit and caused significant damage. It was excessive defense and constituted the crime of intentional injury. After the incident, Ma Moujia promptly surrendered, compensated part of the economic losses of the victim's relatives through his relatives, and obtained the forgiveness of the victim's relatives. The court then made the above judgment in accordance with the law.
At the same time, the public prosecution agency filed a lawsuit against Ma Mouyi and other three people who participated in picking quarrels and provoking trouble. The court sentenced Ma Mouyi and three others to one year and four months in prison for picking quarrels and provoking trouble.
Reference materials:
China National People's Congress - People's Republic of China and Chinese Criminal Law
Reference materials:
People's Daily - Excessive defense Sentenced to three years in prison for causing death