Criminal Law's provisions on justifiable defense: If an act is taken to stop the unlawful infringement in order to protect the interests of the state, the public, the personal and property rights of oneself or others from ongoing unlawful infringement, but it causes damage to the unlawful infringer, it belongs to justifiable defense, and the defender shall not bear criminal responsibility.
justifiable defense is an important legal system in China's criminal law.
The latest criteria for identifying justifiable defense:
1. Justifiable defense refers to the act of stopping unlawful infringement against the person who is committing unlawful infringement, which causes certain damage to the unlawful infringer, and belongs to justifiable defense and does not bear criminal responsibility.
2. Self-defense is an important legal system in China's criminal law, which has played an active role in cracking down on criminals and encouraging citizens to fight against ongoing illegal infringement.
3. The legal provisions on justifiable defense are: in order to protect the interests of the state, the public, the person, property and other rights of oneself or others from ongoing unlawful infringement, the act of stopping unlawful infringement, which causes damage to the unlawful infringer, belongs to justifiable 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.
1. What are the situations of excessive defense?
1. Defenders know that their defense behavior will obviously exceed the necessary limit of legitimate defense and cause great damage, and it is indirect and intentional defense to let this great damage happen in order to achieve the purpose of legitimate defense.
2. Defenders know that their defensive behavior may obviously exceed the necessary limit of legitimate defense and cause great damage, but it is overconfident and negligent to believe that such great damage will not happen.
3. Defenders should know that their actions obviously exceed the necessary limit of legitimate defense and cause great damage. If they fail to foresee because of negligence, and even cause great damage, it is negligence.
to sum up, self-defense is an important legal system in China's criminal law, which has played an active role in cracking down on criminals and encouraging citizens to fight against ongoing illegal infringement.
Legal basis:
Article 2 of the Criminal Law of the People's Republic of China
In order to protect the interests of the state, the public, the person, property and other rights of oneself or others from the ongoing illegal infringement, the act of stopping the illegal infringement, which causes damage to the illegal infringer, belongs to legitimate 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 crimes of assault, murder, robbery, rape, kidnapping and other violent crimes that seriously endanger personal safety, thus causing casualties of unlawful infringers, is not excessive defense and bears no criminal responsibility.