Enquiring knowledgeable people Inquisitive education Hospital Treasury

Can excessive defense exempt criminal responsibility

home page

Can excessive defense exempt criminal responsibility


        

Submit answer
Favorable reply
  • 2024-05-26 13:01:01

    Excessive defense cannot exempt criminal responsibility. An act of stopping an unlawful infringement in order to protect the interests of the State and the public, or his or her own or another's rights of the person, property and other rights from the ongoing unlawful infringement, which causes damage to the perpetrator, belongs to justifiable defence, and he or she shall not bear criminal responsibility.

    [Legal Basis]

    Article 20 of the Criminal Law states that an act taken to stop an unlawful infringement in order to protect the interests of the State, the public, the person, property and other rights of oneself or others from the ongoing unlawful infringement, which causes damage to the perpetrator, is justifiable defense and does not bear criminal responsibility.

    If justifiable defense obviously exceeds the limits of necessity and causes serious damage, criminal responsibility shall be borne, but punishment shall be mitigated or exempted.

    If a person takes defensive action against an on-going murder, murder, robbery, rape, kidnapping or other violent crime that seriously endangers personal safety, resulting in casualties of the unlawful infringer, such act does not constitute excessive defense, and he shall not bear criminal responsibility.

  • criminal Relevant knowledge

  • law

Related recommendations

Loading
Latest Q&A Recommendation Hot topics Hot spot recommendation
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
return
Top
help opinion
feedback

Confirm to report this problem

Reason for reporting (required):