(01)
In real life, sometimes there will be a situation like this: two parties fight, and after the fight, one party always says that he is "justifiable defense". How is the law determined? Does fighting back really constitute legitimate defense?
(02)
After beating and scolding failed, he still started to fight, but he did not expect to be sentenced
In 2014, due to a dispute over the use of homestead, villager Jiang took his family to Lu Someone was being cursed at the door of a certain house, and Lu couldn't bear it anymore and came out to scold Jiang. Later, there was physical contact between the two parties. During the push, Jiang punched Lu. Later, Lu punched back. This punch hit Jiang's face, causing Jiang's nasal bone to fracture. Later, he suffered It was determined to be a minor injury.
In court, Lu’s defender said that Jiang bullied others too much and yelled at his door, and that he only fought back when the incident occurred. This was legitimate defense and should not be prosecuted criminally according to law. responsibility. However, his defense opinion was not accepted by the court. In the end, the court sentenced Lu to one year in prison and two years of probation for intentional injury.
(03)
Why is fighting back not self-defense?
The criminal law stipulates that legitimate defense refers to the action taken to stop the illegal infringement in order to protect the country, the public, the person, property and other rights of oneself or others from ongoing illegal infringement. Acts that unlawfully infringe and cause damage.
It is generally believed that legitimate defense requires that the subjective state of mind of the defender must be for defense, the cause and condition must be that there is ongoing illegal infringement, the target must be the illegal intruder, and the defensive measures must not exceed the necessary limit. These conditions Both are indispensable.
Counterattacks are mostly regarded as a kind of fighting in practice, because they lack the legitimacy of legitimate defense purposes. They are mostly done for the sake of face or winning when one has "suffered a loss". Fight back.
In addition, the cause and condition of legitimate defense must be unlawful infringement, but in judicial practice, legitimate defense cannot be implemented for any crime or general illegal behavior. Generally, legitimate defense can only be implemented for those offensive behaviors that are serious, highly infringing, and dangerous.
(04)
Counterattack does not constitute legitimate defense and does not mean not rescuing someone in danger
There is such a case. In November 2006, Xue While surfing the Internet in an Internet cafe, he had a dispute with Su over a seat issue. Su and six others beat Xue to injury. Xue was besieged by six people and fled to the VIP private room of the Internet cafe. Su and others continued to chase and Xue Desperate, Xue and others continued to chase, and Xue and Su had a dispute in a single room of the Internet cafe. In desperation, Xue stabbed Su and others with a knife, causing three minor injuries, one serious injury, one minor injury, and another minor injury.
After hearing, the court held that the beatings continued while Xu was escaping from the Internet cafe lobby to a single room, and Xu was unable to resist. The illegal infringement was ongoing, and the real threat was very urgent. Obviously, you can only get the most convenient tools on the spot for self-defense.
When Xu suffered a head injury and the injury was likely to be life-threatening, he stabbed the attacker with a handy knife and prevented him from escaping. This did not exceed the necessary limit obviously, and he had an obvious sense of defense and The purpose of defensive will is to escape, not to harm each other in a fight.
Finally, the court determined that Xue’s behavior constituted legitimate defense and did not require criminal liability according to law.
In fact, the purpose of setting up legitimate defense is not to encourage mutual harm, but to tell people that they can take necessary defensive measures to protect their personal and property safety when encountering real dangers.
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