In terms of difficulty, which is the easiest procedure for determining "mutual assault" or "legitimate defense"? In which judicial process is mutual assault and justifiable self-defense usually recognized? By understanding these two points, you will know how to grasp the opportunity and what level of counterattack you will give when you are attacked in the future, and what kind of "injury" the counterattack will cause to the other party, so as to avoid being identified as "fighting each other".
After the first-level police receiving agency arrived at the scene, it was impossible to directly determine who was right and wrong for the two groups of people who were fighting together, and they were pulled back for interrogation and record. At this time, both sides of the interrogation had their own arguments, and it was impossible to accurately determine whether the two sides were "beating each other" or whether one of them had "legitimate defense" factors.
This is where "evidence" comes in. What is the "evidence"? The first is to monitor the scene of the incident; The second is to find "eyewitnesses", including onlookers-by, passers-by who photographed **or**. It also includes the interrogation and analysis of the participants on both sides of the "fight".
The procedure is quite cumbersome and cumbersome.
The conditions for "legitimate defense" are also quite rigorous, is it being attacked? Before being attacked, did you verbally collide with the other party? When you are forced to fight back, is there a premise that you are attacked first? Also, is the level of counterattack equal?
Without monitoring and without witnesses, if it were you, would you peel back the layers like Feng Sen, the prosecutor in the "Roving Procuratorial Team", and link all the "motives", "causes" and "passes" together to "restore" the scene?
So what's the trouble. Without monitoring and without "human witnesses", is it simple to "beat each other"? Both sides of the fight are not fuel-efficient lamps, they both do it, they have each other hanging colors, each playing fifty boards, signing and signing affidavit. Defy? Let's go to court.
There are not many such phenomena, but there are still several situations: first, the person in charge has limited legal knowledge, has a sufficient understanding of "mutual assault", and lacks an understanding of "legitimate defense", so when dealing with such cases, subjective substitution is more inclined to determine "mutual assault";
The second is to "save trouble". Fighting is not like **, it must be broken, and there can be no deviation. Fighting is a kind of more intense behavior under emotional control, and there is no "minor injury" or "serious injury" that constitutes a criminal case, and both sides of the fight have slightly injured each other, and they have worked hard to identify who is the "troublemaker" party and who is the "self-defense" party, and those who do not have a strong sense of responsibility or lack professional ethics may rely on "mutual assault".
There are less dedicated people in any unit.
Moreover, according to the theory of "mutual assault", it is the most trouble-free, and it is easy to leave a back hand for the handler.
In order to prevent being attacked by others, you must meet the following prerequisites before taking action:
First, first see if there is monitoring around, if there is, take a few hits and then counterattack, of course, the dodge action is bigger, and it does not necessarily have to be hammered;
Second, the counterattack should try to control the "scale" and strive for reciprocity, so that people can't beat your nose to bleed, and you directly break someone's leg, or send them away;
Third, pay attention to the observation of "circumstantial witnesses", restaurant owners, waiters, dining guests, passers-by, it would be great to have friends with you, let friends not participate, just record **.
If the first and "three" conditions are met, then fight back according to the "second article". When making a transcript, you should be calm, logical and focused "narrating the truth", the core is prominent, and you are forced to fight back.