At that time, Zhang San was shooting a number of passers-by with a gun, and Li Si killed them with illegal guns. Excuse me. How should Li Si be sentenced?

Zhang San was shooting a number of passers-by with a gun, and Li Si killed them with illegal guns. How Li Si should be sentenced cannot be generalized, but should be analyzed in detail.

Does Li Si constitute the crime of illegal possession of firearms? According to the provisions of the Criminal Law, anyone who illegally holds or hides guns and ammunition shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and if the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years.

Li Si shot Zhang San who was shooting at passers-by with an illegal gun. There is nothing here about illegal guns, so there may be many situations.

First of all, whether guns belong to illegal guns that restrict one person to hold guns. If Li Si's guns belong to military guns or guns fired by gunpowder, Li Si has constituted the crime of illegal possession of guns and possession of guns and ammunition.

Even if Li Si is courageous, but one yard is one yard, Li Si still has to pay for his mistakes. However, the judge will weigh the judgment according to various circumstances, and the possibility of a light sentence will be higher.

Then, whether the gun belongs to a gun powered by compressed gas. Generally, people who like hunting will have air guns. According to the law, a person can only hold one gun, which is illegal.

If the gun used by Li Si belongs to an air gun and there is only one gun, then Li Si's behavior has not violated the law and is likely to be rewarded.

Finally, whether the circumstances are serious. Gun-related drug-related cases have violated the red line, and the cases will not be easily let go. If Li Si has too many illegal guns, this is a serious case and may not get a light sentence.

Generally, illegal possession and possession of more than two military guns or gunpowder-fired guns, with more than 0/00 rounds of bullets. These situations are very serious.

Does Li Si's behavior belong to self-defense? Self-defense needs to meet five conditions, namely, cause, time, subjectivity, object and limit conditions. Whether Li Si's behavior constitutes justifiable defense, let's take a look at the following situations.

First of all, Li Si's behavior is not self-defense. If when Zhang San commits a crime, his gun and ammunition are exhausted or his gun is broken, and he can't continue to hurt others, Li Si kills each other. In this case, Li Si's behavior did not constitute justifiable defense.

Although Li Si's practice is to stop the crime, Zhang San can't hurt others any more. Li Si's act of killing each other is likely to constitute the crime of intentional homicide.

Then, Li Si's behavior belongs to self-defense. If Li Si killed Zhang San when he shot a passerby, Li Si's behavior constituted self-defense.

In the requirement of self-defense, the other party is not required to be the victim, so Li Si's behavior prevented Zhang San from hurting passers-by, which is self-defense.

Finally, whether Li Si has revenge. If there is a grudge between Li Si and Zhang San, Li Si will take the opportunity to kill Zhang San with a gun, which is likely to constitute intentional homicide.

The crime of intentional homicide is to deprive others of their right to life by illegal means. Generally, the crime of intentional homicide is sentenced to death, life imprisonment or fixed-term imprisonment of not less than 10 years, and those with minor circumstances are sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years.

Does Li Si's behavior constitute a courageous act? Being courageous is an act worthy of advocating, which needs to meet three conditions at the same time, that is, regardless of personal safety, to fight against illegal and criminal acts or to rescue, rescue and save people for the purpose of protecting the interests of the state and the collective and the property and personal safety of others.

First of all, regardless of personal safety. Zhang San shot and killed many passers-by with a gun, which is very dangerous. Li Si killed each other with illegal guns, and there were no reasons such as revenge. Li Si ignores personal safety.

If there is no bullet in Zhang San's gun or there is something wrong with the bullet, and it does not continue to harm others, then it is not a reckless conspiracy for Li Si to kill Zhang San at this time.

Then, in order to protect the personal safety of others. Li Si is not the victim. He didn't have to shoot Zhang San, but after seeing Zhang San shoot the crowd, he chose to kill Zhang San with an illegal gun. From this point of view, Li Si killed Zhang San because he wanted to protect the safety of passers-by.

Finally, it is the act of fighting against illegal and criminal acts or saving people. Zhang San's act of holding illegal guns and shooting others in the street has constituted the crime of intentional injury. Li Si stepped forward to kill Zhang San who was committing the crime, prevented Zhang San from continuing to commit the crime, and helped passers-by on the road, which met this condition.

At this time, Zhang San was shooting at a number of passers-by, and Li Si killed Zhang San with illegal guns. How Li Si should be sentenced depends on whether he constitutes the crime of illegal possession and possession of guns, whether it constitutes self-defense and whether it constitutes a courageous act, depending on specific issues.