How is legitimate defense determined? Before there was no objective and unified standard, now the national law clearly shows laws and regulations, the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security jointly issued guidance on how to determine legitimate defense, this opinion is relatively long, I summarized the four most important points, please be patient to read.
The first point: to be precise, the previous so-called who makes trouble is reasonable, who kills and who hurts who is justified, this is the wrong approach.
Second: Legitimate defense is not only understandable as the person who directly hit you in the presence of other violators.
Third: Considering this legitimate defense, at that time, this victim must not be calm, it must be very chaotic, you can't be a reasonable guest, after the fact, ah, objective and calm judgment, whether you should defend at that time, to consider the victim at that time a panicked negative, nervous state, so this can be determined.
The fourth point: this legitimate defense, not only against this criminal act, violent crime, if you restrict my personal freedom, or infringe on my private property. I can also defend myself against a private house. Well, those four points are important.
At the end, I would like to tell you about the specific provisions of the country's laws on legitimate defense: According to article 20 of the Criminal Law, the act taken to stop the unlawful infringement in order to protect the State, the public interest, the person, property and other rights of the person or others from the ongoing unlawful infringement is legitimate defense and does not bear criminal responsibility.
Finally, if there is anything you want to ask, or what you don't understand, or if you encounter legal problems, Xiao Wang will answer them for you one by one
