Fight back and fight each other? What is self-defense?

Please send your submission to: dlhcls @163.com.

(0 1)

In real life, sometimes there will be fights between the two sides, and then the one who started the fight always said that he was "self-defense." How is this legally recognized? Does fighting back really constitute justifiable defense?

(02)

I was insulted and fought back. I didn't expect to be sentenced.

20 14 due to the dispute over the use of the homestead, a villager Jiang led his family to yell at Lu, and Lu could not bear to confront Jiang. Later, the two sides had physical contact. In the shoving, Jiang punched Lu, and then Lu also punched. This punch just hit Jiang in the face, causing a fracture of Jiang's nasal bone, which was later identified as a minor injury.

In court, Lumou argued that it was Jiang who bullied others too much, cursed at his door and beat people first, which was a legitimate defense and should not bear criminal responsibility according to law. However, his defense opinion was not adopted by the court. In the end, the court sentenced Lu to one year in prison and suspended for two years for intentional injury.

(03)

Why doesn't fighting back belong to self-defense?

According to the provisions of the criminal law, justifiable defense refers to the act of protecting the state, public interests, the person, property and other rights of oneself or others from the ongoing illegal infringement, stopping the illegal infringement and causing damage to the illegal infringer.

It is generally believed that legitimate defense requires that the subjective mentality of the defender must be for the purpose of defense, the cause and condition must be actual and ongoing illegal infringement, the object must be the illegal infringer himself, and the defense measures cannot exceed the necessary limits. These conditions are indispensable.

Counterattack, in practice, will be considered as a kind of fighting behavior, because this situation lacks the legitimacy of defense purposes, mostly because they "suffered losses" and fought back to save face or compete for strength.

In addition, the cause and condition of self-defense must be the occurrence of illegal infringement, but in judicial practice, not all criminal acts and general illegal acts can be justified. Generally speaking, only those aggressive behaviors that are serious, aggressive and dangerous can be properly defended.

(04)

Fighting back is not self-defense, but it doesn't mean that you can't do it when you are in danger.

There is such a case. On June 5438+065438+ 10, 2006, Xue was in an Internet cafe, and six people including Su beat Xue and injured him. Xue Mou fled to the VIP room of Internet cafe under the siege of six people, and Su Mou and others continued to hunt down. In desperation, Xue stabbed Su and others with a knife, causing three minor injuries, 1 person was seriously injured and slightly injured.

After the trial, the court held that: in the process of Xue's escape from the lobby of the Internet cafe to the single room, the beating continued, Xue was unable to resist, and illegal infringement was going on. The real threat was very obvious and urgent. He can only get the most convenient tools for defense on the spot.

When Xue suffered a head injury, which was likely to be life-threatening, he stabbed his attacker with the knife he brought conveniently and prevented him from escaping. It did not obviously exceed the necessary limit, and he had obvious defense consciousness and defense will. The purpose is to escape, not to hurt each other in a fight.

In the end, the court found that Xue's behavior constituted legitimate defense and did not need to bear criminal responsibility according to law.

In fact, the purpose of setting up justifiable defense is not to encourage mutual harm, but to tell everyone that in case of real danger, necessary defensive measures can be taken to protect personal and property safety.

Please send your submission to: dlhcls @163.com.

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