Justifiable defense; The judicial interpretation is that the criminal suspect is committing a crime and his personal property is being seriously threatened, and the defender takes necessary measures to protect himself and people's property and limit the criminal suspect from taking legal responsibility when he ends the crime.
Excessive defense; The criminal suspect is committing a crime, and the defender subdues him, and the criminal suspect loses the ability to continue to infringe, but the defender continues to harm the criminal suspect, which is an excessive defense or intentional act.
Is it illegal for me to stab someone with a knife or kill someone? As you said, it should be self-defense and there is no legal responsibility. Article 20 of China's criminal law stipulates justifiable defense. In order to protect national interests, public interests, personal, property and other rights of oneself or others from ongoing illegal infringement, it is justifiable defense to take action to stop illegal infringement and cause damage to the illegal infringer.
The implementation conditions of justifiable defense include the following aspects:
(1) There must be illegal infringement. This excludes the possibility of self-defense against any legitimate act. For legal acts that are not harmful to society, even if they are somewhat invasive from the standpoint of the parties, justifiable defense is not allowed.
(2) Unlawful infringement is not limited to criminal acts. Self-defense only requires the existence of illegal infringement, and does not limit the cause and conditions to criminal acts. The scope of unlawful infringement is much wider than that of crime. As long as it is illegal infringement, it is not required to have reached or will reach the level of crime. Defenders can defend illegal infringers according to law.
(3) Illegal infringement must show its existence. That is, illegal infringement must exist objectively and truly, not imagined or inferred by the actor.
Is it illegal for someone to come to the house and kill him? Of course it's illegal, because you can't say that you acted in self-defense. If that person's ordinary reputation is very bad, you kill him and no one is willing to defend him, then you are legal. But remember, you should never kill anyone. There are too many criminal methods now, and you can't escape. Killing people is definitely illegal. You should bear in mind that you should never be impulsive, and the consequences of impulsiveness are not good.
Someone robbed me with a knife and accidentally killed him. Is it illegal for me? There is evidence that the criminal is committing a crime, so you can stop or defend yourself, but whether you must kill him to stop his behavior depends on the evidence and the situation at that time. According to your simple description, there is a greater possibility of excessive defense. Excessive defense is to bear legal responsibility, but generally more is sentenced to probation.
Seeing the robber, is it illegal for you to kill him? The Criminal Law of People's Republic of China (PRC) clearly stipulates that in order to protect the state, public interests, personal, property and other rights of oneself or others from ongoing illegal infringement, stopping illegal infringement and causing damage to the illegal infringer is self-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 violent crimes such as assault, murder, robbery, * * *, kidnapping, etc., which seriously endanger personal safety, and causing unlawful infringement of human casualties, does not belong to excessive defense and does not bear criminal responsibility.
If robbery is going on, the victim can take unlimited defensive actions without criminal responsibility.
Let me make a little suggestion. This question is questionable. The so-called meeting a robber is very different (this robber may have been released from prison). He didn't talk to you or provoke you. You killed him without saying anything, which was intentional.
Someone broke into my house in the middle of the night and I injured him. Is it illegal for me? This depends on the specific situation. If there is a burglary in the middle of the night, it can be handed over to the public security organ. If the other party does not cooperate and violently resists, causing harm, it shall be deemed as self-defense and shall not bear legal responsibility. If the other party loses the ability to resist and hurts the other party, it is suspected of violating the law and committing crimes.
1, Criminal Law: Article 20 In order to protect the state, public interests, the person, property and other rights of oneself or others from ongoing unlawful infringement, stopping unlawful infringement and causing damage to the unlawful infringer, it belongs to self-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 violent crimes such as assault, murder, robbery, * * *, kidnapping, etc., which seriously endanger personal safety, and causing unlawful infringement of human casualties, does not belong to excessive defense and does not bear criminal responsibility.
2. Article 43 of the Law on Public Security Administration Punishment, whoever beats others or intentionally hurts others' bodies shall be detained for more than five days and less than ten days, and shall be fined between two hundred yuan and five hundred yuan; If the circumstances are minor, they shall be detained for not more than five days or fined not more than five hundred yuan.
Under any of the following circumstances, the offender shall be detained for more than 10 and less than 15, and fined for more than 500 yuan 1000 yuan:
(a) gang beating, hurting others;
(2) Beating or injuring a disabled person, a pregnant woman, a person under the age of 14 or a person over the age of 60;
(3) Beating or injuring others for many times or beating or injuring more than one person at a time.
Criminal Law: Article 234 Whoever intentionally harms another person's body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.
Whoever commits the crime mentioned in the preceding paragraph and causes serious injuries shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or serious disability by particularly cruel means shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where there are other provisions in this Law, such provisions shall prevail.
A man came to my house with a knife! I killed him! Am I a crime? It's a crime if there is no threat to your life and the safety of your family … on the contrary, it's not pulling … it's just prevention, but there's still excessive prevention …
Dreaming that someone didn't die and someone killed him, the dream happened because the human body was busy working at night.
Philosophically speaking, although it belongs to materialism, it has no predictability and special significance.
You dream of having money. Will you really find it tomorrow?
Don't dream of coffins, will there really be official luck tomorrow?
Everything depends on people. The so-called dream interpretation is made up by human beings and has no scientific basis.
So, I wish you a happy life and don't dwell on the reasons for your dreams.
I killed him, okay? It's not worth it. Think about how easy it is for parents to raise themselves for someone who doesn't love you. You deserve better than him.
I am a security guard. Is it illegal for me to kill with a knife? From whom? If he is committing robbery, it is illegal for you to kill him, but you don't have to die. If he doesn't rob again, you can beat him to death, dear! Things will be serious!