Reatment Of Inappropriate Defense

Inappropriate defense is relative to justifiable defense. Inappropriate defense is a genetic term for the defense which is not included in the range of justifiable defense. All those behaviors such as imaginative defense, accidental defense, untimely defense, excessive defense and inverse defense are included. Though our traditional criminal law made certain provisions for justifiable defense, it is lack of a clear definition on its boundary which made defense man helpless in front of unlawful attack. But in judicial practice, theories related to justifiable defense are applied. Judicial workers often hesitate between justifiable defense and improper defense. So I did a research to fulfill the justifiable defense. The two key points of my essay are the definition and treatments of inappropriate defense.As for the definition of inappropriate defense, I will state my points from five aspects. Part-i The cognizance of imaginary defense.When we judge imaginary defense, we should pay attention to that the violation of a mental patient can be judged imaginary defense. Part-ii Untimely defense is divided into beforehand defense and afterward defense. Beforehand defense happens in the stage of formation a crime or in the run-up to the crime. The intention of defense and defense subject and defense limits are consistent. Part-iii The cognizance of accidental defense. The standard of accidental defense is objectively carried out for the ongoing unlawful infringements behavior and the defense is not exceed the limits. The offender is subconscious of the crime or offender is intentionally to violate the crime. Part-iv The cognizance of consequent defense. We need to pay more attention to the limits and the standards of judging the limits of defense. Part-v The cognizance of the inverse defense. The objective standards of inverse defense is that the defense exceed the necessary limit of defense, and the behavior caused serious damage to defender. Also, as for the treatments of inappropriate defense, I will make my points from five aspects. Firstly, when we deal with the case of imaginary defense, it’s better to be processed to negligence or incidence under different situation instead of intentional defense. Secondly, for untimely defense,When processing, if the case commit a crime shall be investigated for crime responsibilities, but the sentencing should be reduced.Processing the case, if the case commit a crime, shall be investigated for crime responsibilities, but the sentencing should be reduced. Thirdly, accidental defense should be processed by the standards of the attempt crime, justifiable defense and imaginary defense. Fourthly, the treatments of consequent defense is generally applicable to the crime damage that is not so serious, basically we can forgive such punishments, but for those caused serious damages, we should reduce criminal penalties. Fifth The treatments of inverse defense: If the infringement caused by oneself and the behavior is illegal and unjustified, the punishment may be given lighter or mitigated punishments.