Joke Collection Website - Bulletin headlines - I didn't stop when I was robbed with a knife on the national highway, and I didn't escape after I was injured. How to divide responsibilities in law? Do I need to go to jail?

I didn't stop when I was robbed with a knife on the national highway, and I didn't escape after I was injured. How to divide responsibilities in law? Do I need to go to jail?

It belongs to self-defense and does not bear criminal responsibility. But there needs to be enough evidence to prove it.

According to Article 20 of the Criminal Law of People's Republic of China (PRC):

In order to protect the state, public interests, personal, property and other rights of oneself or others from ongoing illegal infringement, the act of stopping illegal infringement, which causes damage to the illegal infringer, belongs to self-defense and does not bear criminal responsibility.

If justifiable defense obviously exceeds the necessary limit and causes great damage, criminal responsibility shall be borne, but the punishment shall be mitigated or exempted.

Taking defensive actions against violent crimes such as assault, murder, robbery, rape, kidnapping, etc., which seriously endanger personal safety, and causing casualties of illegal infringers, is not excessive defense and does not bear criminal responsibility.

Extended data:

Self-defense does not bear criminal responsibility. Its main significance lies in protecting social public interests and other legal rights from ongoing illegal infringement, encouraging citizens to fight against ongoing illegal infringement and deterring criminals from acting rashly.

It can be said that justifiable defense is not only the legal basis for exempting the criminal responsibility of justifiable defense, but also the legal weapon for citizens to fight against the ongoing illegal infringement. A correct understanding of justifiable defense and its constituent conditions is helpful for citizens to boldly use the legal weapon of justifiable defense to fight against illegal infringement.

Limits of justifiable defense

1, the intensity of illegal infringement

The intensity of unlawful infringement refers to the nature of the behavior, the severity of the damage caused by the behavior to the object, and the unity of the nature and location of the attack means and tools that cause this damage.

In order to properly defend against unlawful infringement, if the defense intensity less than or equal to unlawful infringement is not enough to effectively stop unlawful infringement, the defense intensity greater than unlawful infringement can be adopted.

Of course, if the defense intensity greater than unlawful infringement is not necessary to stop unlawful infringement, it is beyond the necessary limit of justifiable defense.

2. Priority of unlawful infringement

It refers to the urgency of infringement, that is, the degree of danger caused by illegal infringement to the state, social interests, personal and property rights of oneself or others.

The priority of unlawful infringement is of great significance for determining the defense limit, especially when the defense intensity is greater than the infringement intensity, and whether it is necessary to stop unlawful infringement should be based on the priority of unlawful infringement.

3. The rights and interests are illegally infringed.

The rights and interests illegally infringed are the rights and interests protected by legitimate defense and one of the factors to determine the necessary limits. Killing the wrongdoer in order to protect the important rights and interests can be considered as a necessary act to stop the wrongdoer, so it does not exceed the necessary limit of self-defense.

In order to protect the rights and interests of minors, even if it can't be protected, it has caused heavy casualties of illegal infringement, which can be considered as exceeding the necessary limit.

References:

Baidu Encyclopedia-People's Republic of China (PRC) and China Criminal Law

References:

Baidu encyclopedia-justifiable defense