Article 20 of the Criminal Law
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 of illegal infringers, is not excessive defense and does not bear criminal responsibility.
According to the first and second paragraphs of this article, the conditions for the establishment of justifiable defense are:
1. Causality condition: actual violation of law and infringement (imaginary defense is impossible)
2. Time condition: the illegal infringement is going on (pre-defense and post-defense are not allowed).
3. Subjective condition: having "legitimate" defense intention (not allowed to protect illegal interests and defend against provocation)
4. Object condition: against the wrongdoer himself (incorrect object may constitute a crime).
5. Restriction conditions: it shall not obviously exceed the necessary limit, causing great harm (otherwise it will constitute excessive defense).
Pay attention to the third paragraph: the law gives citizens the "special right of defense" in emergency and dangerous situations, that is, they must not defend themselves excessively, that is, they are not subject to the above-mentioned final restrictions!
However, it must be accurately understood that this right cannot be exercised at will:
1, the meaning of "injury crime": it refers to serious intentional injury, which is vague or uncertain between intentional injury and intentional homicide, that is to say, "injury crime" is at least a violent crime of intentional serious injury.
2. The object of excessive defense must be violent crimes that seriously endanger personal safety, not general unlawful infringement, nor all violent acts. If it is only violence against property, it cannot be applied to excessive defense, that is to say, there must be both "violence" and "crimes against personal safety" at this time.
Common violent crimes endangering personal safety in judicial practice include intentional homicide, intentional serious injury, robbery, rape and so on.
The landlord asked, "There is a thief in your car. He insists on robbing you ... If you don't give it to him ... he will cut you with a knife."
First of all, at this time, theft has turned into robbery, and of course, self-defense can be carried out.
Secondly, whether he can be killed is theoretically possible, but the conditions are very strict. I have already told you the details, depending on whether he has seriously violated you. If you just rob money, of course you can't kill it; If it is "he cuts you with a knife", you can exercise your right to self-defense!
We must pay attention to "violence" and "crimes against personal safety" at the same time, in order to carry out excessive defense.
Okay？ Does the landlord understand?