1. What is justifiable defense? What conditions must be met
"Justifiable defense" refers to the act taken to stop the unlawful offense against a person who is in the process of unlawful offense, and where damage is caused to the unlawful offender, it is justified defense and does not bear criminal responsibility. It is a type of illegal obstruction.
1. Legitimate defense can only be carried out if it is for the purpose of defending the state, the public interest, the person, property and other legitimate rights of oneself or others. "Defence" for the purpose of protecting illicit interests is not legitimate defence; If you deliberately provoke others to attack you by means of inducement, it is not legitimate defense to kill or injure others; In the case of gambling crimes, the act of killing or injuring another criminal who robbed stolen goods in order to protect gambling funds is also not justified defense;
2. It must be a defense against an unlawful infringement. In other words, defence can only be taken when the state, the public interest, the person, property and other rights of the person or others are unlawfully infringed. In particular, it should be noted that there can be no defence against lawful acts. For example, when a judicial organ arrests a person or carries out a search task, the resistance of a person who resists arrest or refuses to investigate or a third party is not called legitimate defense;
3. It must be a defense against the person who commits the unlawful offense. Reprisals against relatives of the perpetrator of the wrongdo, or against other persons, are not justified defence;
4. It must be a defense against an ongoing wrongful act. There can be no defence against unlawful aggression that has not yet commenced or has ceased to be made. If the robber is robbing, the person being robbed and the crowd can defend themselves. If the robber has already been caught by the masses, then he should not continue to attack him on the grounds of legitimate defense, but should be handed over to the public security organs;
5. Justifiable defense must not clearly exceed the necessary limit.
[Legal basis].
Article 20 of the Criminal Law of the People's Republic of China.
Justifiable defense] An act taken to stop an unlawful infringement in order to protect the state, the public interest, the person, property, and other rights of oneself or others from an ongoing unlawful infringement, and causes damage to the unlawful infringer, is justified defense and does not bear criminal responsibility.
Where legitimate defense clearly exceeds the necessary limit and causes major harm, criminal responsibility shall be borne, but punishment shall be commuted or waived.
Anyone who takes defensive action against an ongoing crime, homicide, robbery, kidnapping, or other violent crime that seriously endangers personal safety, causing an unlawful offense, is not considered to be in excessive defense and does not bear criminal responsibility.
2. What should be done if the legitimate defense causes the other party minor injury
When legitimate defence causes minor injuries to the other party, the manner in which it is handled depends on the nature and extent of the defensive act. Here's what it could be:
Justifiable defence within the appropriate scope: if the act of defence does not manifestly exceed the necessary limit, then there is no criminal liability and no liability for compensation. In this case, the medical expenses of the injured person shall be borne by the wrongdoer.
Damage caused by justifiable defence to the extent necessary: In this case, although the act of defence itself is lawful, it may incur corresponding criminal and civil liability because it has caused necessary damage. The injury caused by the act of defence shall be borne by the wrongdoer.
Justified defence manifestly exceeds the necessary limit: If the act of defence exceeds the necessary limit and causes significant damage, criminal liability should be borne even if it was originally a lawful act. However, the law usually mitigates or waives the penalties. For ongoing violent crimes that seriously endanger personal safety, such as homicide, robbery, and kidnapping, in the case of taking defensive actions and causing an unlawful offense, it is not considered excessive defense, and therefore does not bear criminal responsibility.