The Guilty Forms And Penalties Of Imaginary And Excessive Defense

The imaginary and excessive defense means that the perpetrators mistakenly believe that there is illegal infringement,so they counterattack the imaginary offender in order to protect the legal interests.In fact,the illegal infringement does not exist,but even if the actor's imagination is true,it also constitutes defense when.The concept of imaginary defense is necessary,and the use of imaginary defense theory to solve the problem of imaginary defense makes it impossible for the "establishment of imaginary defense of intentional crimes" to be justified in theory and practice,and indirectly forms a countermeasure to "overdone" Indulgence and encouragement in the exercise of the right to defence.The restricted dichotomy holds that in the case of "single error" : if the perpetrator has an active pursuit of injustice or indulgence in the will factor,an intentional offense can be established(indirectly),otherwise an overconfident offense can only be established;Occasion of "double error" : Because there is no knowing factor of intentional requirement,the intentional obstruction can only be set up and negligent negligence or accident.Different forms of imaginary and excessive defense are excessive,and the basis for penalty reduction is different.On the premise of establishing a crime,where the perpetrator is not at fault in the occurrence of the wrongful facts(similar to the unreasonable defense),the principle of liability and the influence of criminal policy will be used to reduce or exempt the punishment.Other types of hypothetical defences may be punished leniently as a result of criminal policy considerations.Because some of the responsibilities of the imaginary and excessive defense are more harmful than the imaginary defense,so we need to balance their penalties.