Imaginary Over-Defense Research

Imaginary over-defense refers to unlawful infringement does not exist, but the behavior of people mistakenly believe that the existence and implementation of a self-righteous self-defense act, but its behavior is actually unlawful infringement even if there are also over-defense situation. Hypothetical points should be defended when five cases processed. First, if the perpetrator does not exist for criminal violations of the fact that there is fault, and for the results of over-defense or who wish to laissez-faire attitude,intentional crime shall on conviction when defense purposes in view, be given a lighter sentence on the subjective discretion or mitigate punishment. Second, if the perpetrator does not exist for criminal violations of the facts and defended when the results were negligent, the penalty should be higher than that of criminal negligence pure imaginary defense establishment. Because the case is only a hypothetical defense of the party at fault,and imaginary defensive, a double fault, penalties will naturally be more important than a criminal negligence. Third, if the perpetrator does not exist for criminal violations of the fact that part of the accident, but when the result of negligence, should be defended when in accordance with the relevant provisions to reduce the punishment. Fourth, if the perpetrator does not exist only for the fact that criminal violations at fault, but for defensive behavior exceeds the limits of belonging to unforeseen reasons, it should be appropriate to reduce the punishment, but the extent mitigated punishment after not less than the degree of criminal negligence, because the behavior people for criminal violations of mistaken facts punishable in accordance with criminal negligence. Fifth, if the perpetrator does not exist for criminal violations of the facts and when the results are not too negligent That belongs accident, then it should be treated in accordance with the accident, that is, not to be convicted and punished.