A group of people blocked me from the class to the bathroom and beat and threatened me, and I was mo

Updated on Bathroom 2024-02-28
3 answers
  1. Anonymous users2024-01-23

    In principle, it is justifiable defense. However, in practice, it is first necessary to prove that the other party is indeed committing an act of violence to such an extent that if the necessary measures are not taken, the life of the other party will be endangered, or the physical health of the other party will be seriously damaged. In this case, the party was carrying a knife, which is a doubt, and may be suspected of self-provocation rather than justifiable defense, which requires a good explanation.

    Where an act taken to stop an unlawful infringement is taken to protect the state, the public interest, or the person, property, or other rights of oneself or others from an ongoing unlawful infringement, and causes damage to the unlawful infringer, it is justified defense and does not bear criminal responsibility. Where legitimate defense causes major harm beyond the necessary limit, criminal responsibility shall be borne, but punishment shall be commuted or waived.

    Justifiable defense requires that the defender have the awareness and will to defend. The former refers to the defender's awareness that the unlawful offense is ongoing; The latter refers to the defender's motive for protecting legitimate rights and interests.

    1. Defensive provocation - in order to infringe on the other party, deliberately cause the other party to infringe on oneself first, and then infringe on the other party on the grounds of legitimate defense. Because the perpetrator subjectively had already had a sense of crime, it was impossible for him to exercise legitimate self-defense. In this case, carrying a knife with him, there is a suspicion in this regard, therefore, a good explanation is needed.

    2. Fighting each other - both parties have the intention of infringing on each other's bodies. In this case, both parties have no sense of defense, so it is not justified defense, but may constitute a crime such as assembling a crowd to fight, intentional injury, etc. However, if one party begs for mercy or flees after the brawl has ended, and the other party continues to assault, it may constitute legitimate defense.

    3. Accidental defense - the act of one party intentionally infringing on another person accidentally meets the other conditions of defense. For example, A is about to drive and kill B, B is about to commit a robbery against C, and A is unaware of B's criminal act. In this case, A does not have the subjective intent to protect rights and interests, and therefore does not constitute legitimate defense.

  2. Anonymous users2024-01-22

    Go to the hospital first to check the injury, this is the evidence.

  3. Anonymous users2024-01-21

    Yes, but you have to have evidence that they beat you.

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