On the topic of legitimate defense, the public has been debating endlessly, and it is difficult to understand what "legitimate defense" is. Therefore, in real life, some people believe that "fighting back means hitting someone", which also makes some victims afraid to implement legitimate defense.
So, under what circumstances does fighting back count as legitimate defense? Article 20 of the Criminal Law of the People's Republic of China and the People's Republic of China stipulates: In order to protect the state, the public, the personal, property and other rights of the individual or others from ongoing illegal infringement, measures taken to stop illegal infringement Any act that causes damage to the illegal intruder shall be considered legitimate defense and shall not bear criminal responsibility.
If a person takes defensive actions against violent crimes that seriously threaten personal safety, such as murder, robbery, rape, kidnapping, etc., resulting in casualties or casualties, it is not considered excessive defense and he will not bear criminal responsibility.
Criminal lawyers pointed out that legitimate defense must meet the following conditions:
(1) The object conditions of legitimate defense require that legitimate defense must be carried out against illegal infringements. For legal acts and The third party cannot engage in so-called "defense".
(2) The purpose and condition of legitimate defense must be to protect the legitimate rights and interests of oneself or others and the public interest, that is, the purpose of legitimacy and justice.
(3) The conditions for the implementation of legitimate defense, that is, the legitimate defense must be implemented in response to the actual infringement. Preventive defense or false defense is not legitimate defense, otherwise the perpetrator will be held legally responsible .
(4) The limiting conditions for legitimate defense, that is, the appropriateness of the defense method and intensity. The intensity of defense must be equivalent to the intensity of the infringement, so that the infringement can be effectively stopped within its limits.
From the conditions of self-defense, we can also see that whether this case can be judged as self-defense requires a comprehensive analysis of specific events and cannot be finalized. If your behavior is to protect yourself and others from harm, and you do it properly without any intention of harming others, then there is a high probability that it will be judged as self-defense.
For example: a person provokes others after drinking, or even beats others. In order to defend himself, the other party picked up a stick and resisted. During the escape process, he accidentally hit the other party, causing serious facial injuries. This situation is generally not pursued and can be judged as self-defense.
Another example: A woman was assaulted by two male violinists on her way home from get off work. The woman in question rose up and accidentally stabbed the attacker with a knife, causing her death. Under normal circumstances, this would also be considered normal defense.
When we are hurt by Qin, we must dare to safeguard our rights, exercise our rights correctly, and don't worry about the so-called "fighting back means hitting the other party."