If you have not been hurt...

Taking action against the other party will cause serious injury or death to the other party, which is not within the scope of self-defense.

It is pre-defense.

Legally, pre-defense refers to the implementation of defense against unlawful infringements that have not yet begun. It is a situation in which the defense is not appropriate and does not meet the conditions for legitimate defense and is classified as excessive defense.

For example.

Zhang San saw a man walking towards him holding a fruit knife on the road.

Zhang San, who has always adhered to the principle of starting first, took action decisively.

He took out his pistol and killed the man with one shot.

Not to mention the crime of illegal possession of firearms and ammunition.

Zhang San's behavior is an early defense, and it is an obvious excessive defense.

also.

There is also imaginary defense.

Legally, imaginary defense refers to the act of the perpetrator who mistakenly believes that there is an illegal infringement due to a subjective error in his subjective understanding and causes damage.

It is also stipulated that imaginary defense should be handled based on the principle of cognitive errors, and those who have faults should be regarded as faults, and those who have no faults should be regarded as unexpected events.

That is, Zhang San was walking on the road.

I saw a person who looked fierce and ferocious.

Suspecting that he is going to do it on himself.

make a prompt decision.

Kill the opponent in one shot.

turn out……

The other party is just born with bad luck, treats people gently and is kind by nature.

This is a type of imaginary defense, and it is also a type of excessive defense.

In fact.

The relevant provisions on legitimate defense have always been controversial.

Always criticized.

Because many times...

If you have been harmed by the criminals, you are very likely to be able to resist.

If you are not infringed, you cannot attack the other party.

However.

In many cases, ordinary people who have been illegally abused cannot remain calm.

When you want to resist, you often make extreme actions.

It will not be considered at all whether the illegal infringement is in progress.

Fortunately, this is the case...

It clearly meets this requirement.

These four people worked hard and kept touching each other, and had obvious indecent behavior, which infringed on the right to freedom of personal property.

Illegal infringement does exist.

"The third point is that self-defense must be targeted by illegal infringers."

Qin Mu then spoke and analyzed: "And there were only four people injured in this census, all of whom were illegally infringed on people."

This is also particularly important.

It is to prevent the revenge mentality of blood debt and blood repayment from magnifying the situation.

For example.

On the way home, Zhang San encountered four people robbed him.

Three of them took out their knife.

A man is watching the wind.

As a result, Zhang San took out his gun, "Small" and killed the robber three times.

The other person was shocked.

Turn around and run.

But Zhang San, who has always adhered to the principle of "cutting grass without eradicating the roots, and growing again after the spring breeze blows", did not hesitate at all and killed the fourth person.

Later, I thought about doing it all the time.

He simply found the family members of the four people and killed all the four people's family, the children, the chickens, dogs, cattle and sheep.

Even the cockroaches in the yard were not spared.

The infringement of the first three people is in progress.

And the fourth person and the four people's families...

This is an obvious revenge mentality.

It cannot be considered as legitimate defense.

"The fourth point, self-defense refers specifically to the act of damage caused by the person who violates the law when he or she takes action to stop the illegal infringement."

This requirement limits the scope of self-defense.

The purpose of this act...

It must be to stop illegal infringement.

Give an example.

On the way home, Zhang San saw someone molesting a woman.

The woman was powerless to resist.

Zhang San was furious at that time.

He scolded, took out his gun and killed the opponent.

Change it to yourself.

This behavior...

It cannot constitute self-defense.

Although he prevented illegal infringement, his purpose was not to stop the behavior, but to benefit himself.

It does not protect the safety of other people's lives and property.

It is obvious that black eating black.

"Fifth point, the act of self-defense... cannot exceed the limit."

Having said that.

Qin Mu frowned.

In this wedding incident...

Illegal infringement is indeed going on, and the first four constituent elements are fully in line with each other, all to stop the occurrence of illegal infringement, and illegal infringement is going on.

However, the fifth constituent element clearly requires that self-defense cannot exceed the limit.

If illegal infringement can be stopped by injuring an illegal infringement, then illegal infringement cannot be damaged.

If the illegal infringement can be stopped by blasting and illegal infringement, then the illegal infringement cannot be beaten to death.

And the behavior of the bridesmaids...

It is obviously beyond the normal limit stipulated by law.

In addition, the special nature of the eucalyptus is a wedding scene and has a folk nature.

The other party's illegal infringement is far less direct and bad.

"But... Xiaolan kept asking them to stop, but they didn't stop. We couldn't persuade them, so Xiaolan took out a folding knife to defend..."

When the bride Peng Songyue heard this, she couldn't help but defend herself.

She witnessed the whole scene at that time.

Many people who are having a marriage have seen it.

The four people who died and were injured...

It was just the closest group among the people who were having a marriage.
To be continued...