On December 26, 2018, Mr. Zhao of Fuzhou bravely helped a woman who was being violated out of danger, during which he kicked a strange man, causing his internal organs damage (disability up to level II), but he was detained for 14 days. What's the matter? Zhao Yu incident has aroused the attention of the whole society, so what is righteous courage? What is the essential difference between it and intentional injury?
According to Article 20 of the criminal law of China
In order to protect the interests of the state, the public, the person, property and other rights of the person or others from the ongoing illegal infringement, the act of stopping the illegal infringement, which causes damage to the illegal infringer, shall be self-defense and shall not bear criminal responsibility.
It should meet five conditions:
The aim of self-defense must be illegal infringement;
Must be at the time when the illegal infringement is in progress;
The aim of self-defense must be the infringer;
Self defense can't exceed certain limits;
The act of causing damage to the perpetrator in the course of taking measures to stop the illegal infringement.
Objective: self defense is to protect legitimate rights and interests from illegal infringement. There is no illegal infringement in the cartoon. Just scolded a few words, can't cause any loss to it. What? You say there is mental loss? Let's say when we can self-defense.
Cause of Defense: urgency of infringement. That is to say, if you don't hit him, he will hurt you. But scold a few words, even if cause mental damage, also do not have urgency, so, what should do at this time is to call the police to find the police uncle~
Defense time: illegal infringement is in progress. Yes, it's a present progressive thing, not a general past, nor a general future, let alone a past.
Article 20, paragraph 2 of the criminal law of the people's Republic of China
If the justifiable defense obviously exceeds the necessary limit and causes significant damage, criminal responsibility shall be borne, but the punishment shall be mitigated or exempted
It is worth noting that according to the provisions of the third paragraph of Article 20 of the criminal law, a person who takes defensive actions against an ongoing crime of assault, murder, robbery, rape, kidnapping or other violent crimes that seriously endanger his personal safety, thus causing injury or death to the unlawful infringer, shall not be deemed to be over defensive and shall not bear criminal responsibility.
So how is it defined to obviously exceed the necessary limit and cause significant damage?
1、 Obviously exceeding the necessary limit means that the damage caused by the act of defense is obviously out of balance with the possible damage caused by the act of unlawful infringement.
2、 Causing significant damage refers to the situation that the damage caused by the guard to the illegal infringer is quite different from the possible damage caused by the illegal infringer's infringement, and the defense consequence itself has a strong degree of severity, generally refers to causing serious injury and death of the illegal infringer, and in special cases also includes causing huge loss of the illegal infringer's property.
The first is an explanation of the intensity of defense,
The second is the performance of defense results,
If both of them are possessed at the same time, they constitute excessive defense.
It can be seen that as long as we break through the necessary limit of self-defense, which is prohibited by law, we need to be punished by law.
Everyone is talking about "doing justice and bravery". What kind of behavior is "doing justice and bravery"?
Bravery for a just cause refers to the act that citizens, in addition to their legal duties and obligations, fight against illegal criminal acts or rescue, rescue and rescue people in order to protect national interests, public interests or the personal and property safety of others, regardless of personal safety. The details are as follows.
1. Fighting against the ongoing illegal and criminal acts endangering national security, public security or hindering social management order
2. Fighting against the ongoing illegal and criminal acts that infringe upon the interests of the state, the collective or the legitimate rights and interests of others
3. If a criminal or criminal suspect who is at large or wanted is found, he / she shall take the initiative to capture or seize the criminal or criminal suspect and send him / her to the public security organ or assist in the investigation of major criminal cases or provide important clues for the investigation of major criminal cases
4. In the process of rescue and disaster relief, when protecting state property, collective property and other people's life and property, outstanding
5. Help others in case of danger
6. In the fight against Telecom fraud, the outstanding
7. Other acts of bravery for good in accordance with the provisions