How to be considered self-defense

1, self-defense, refers to the person who is carrying out unlawful acts of aggression, and the act of stopping unlawful acts of aggression, the unlawful aggressor caused a certain limit of damage, belongs to the legitimate self-defense, not criminally liable. Unlimited self-defense, refers to the murder, murder, robbery, rape, kidnapping and other serious threat to personal safety of the violent crime, and take defensive behavior, resulting in injuries and deaths of unlawful aggressors, does not belong to the defense is not excessive, is still self-defense, not criminally liable.

Justified self-defense exceeds the necessary limit to cause significant damage, shall be held criminally liable, but shall be mitigated or exempted from punishment. The criteria for justified self-defense are as follows:

(1) the purpose of justified self-defense must be to protect the legitimate rights and interests of the legitimacy of the purpose of self-defense;

(2) the reason for the implementation of justified self-defense is the existence of unlawful acts of aggression;

(3) the time of the implementation of justified self-defense must be the time when the unlawful acts of aggression are underway;

(4) the object of justified defense must be the unlawful acts of aggression;

(4) the object of justified self-defense must be the unlawful acts of aggression. (4) the object of self-defense must be the wrongdoer himself;

(5) the extent of the damage caused by self-defense must not be significantly greater than necessary to cause significant damage.

2, the legal basis: "Chinese people's *** and State Criminal Law" Article 20

Justifiable self-defense in order to make the State, public *** interests, I or other people's personal, property and other rights from the ongoing unlawful invasion, and take to stop the unlawful invasion of the act of unlawful invasion of the unlawful invasion of the unlawful aggressor caused damage, belong to the justifiable self-defense, do not bear criminal responsibility.

The defense is excessive justifiable self-defense clearly exceeds the necessary limit causing significant damage, shall be held criminally responsible, but shall be mitigated or exempted from punishment.

Special defense of murder, homicide, robbery, rape, kidnapping and other serious threat to personal safety of violent crimes, to take defensive behavior, resulting in death or injury to the wrongdoer, does not belong to the over-defense, is not criminally liable.

Second, what are the limitations of self-defense

The limitations of self-defense are as follows:

1, the intensity of the unlawful intrusion, for the unlawful intrusion of the implementation of self-defense, if the intensity of defense with lighter or equivalent to the unlawful intrusion is not enough to effectively stop the unlawful intrusion, you can take more than the intensity of the defense of the unlawful intrusion;

2, The urgency of the unlawful intrusion, the urgency of the unlawful intrusion for the determination of the limits of defense is of great significance, especially in the case of the intensity of defense is greater than the intensity of the infringement, to determine whether the behavior is greater than the intensity of the defense of the unlawful intrusion is necessary for the suppression of unlawful invasion, the more important to the urgency of the unlawful intrusion of the factors such as the standard;

3, unlawful rights and interests, in order to protect the significant rights and interests of the unlawful aggressor to kill, can be considered to be for the purpose of stopping unlawful infringement. Can be regarded as necessary to stop the unlawful invasion, and thus did not exceed the necessary limits of self-defense. And in order to protect minor rights and interests, even if it is not this can not be protected, caused major injuries and deaths of the wrongdoer, and can be considered more than the necessary limit.