Self-defence 正当防卫

If such an act occurs the individual can exercise right to self-defence, drawing on Article 20 and broadly defined as an act that a person commits to stop an unlawful infringement of the personal property, or other rights of his own or others, or the interests of the State and the public. The person who harms the perpetrator in the course of self-defence will not bear criminal liability provided that the self-defence measures applied are proportionate to the degree of the infringement; that is, it cannot ‘obviously exceed the limits of necessity’ or cause ‘serious damage’. When acting in Self Defence a person may use as much force as Is Reasonable and Necessary in the circumstances in order to prevent an attack and/or to ensure there is no immediate renewal of such an attack.

为了使国家、公共利益、本人或者他人的人身、财产和其他权利免受正在进行的不法侵害，而采取的制止不法侵害的行为，对不法侵害人造成损害的，属于正当防卫，不负刑事责任。正当防卫明显超过必要限度造成“重大损害”的，应当负刑事责任，但是应当减轻或者免除处罚。正当防卫时，当事人可以在合理和必要的情况下使用武力阻止袭击的发生，确保没有直接的二次袭击。

What is reasonable force? 什么是合理武力？

The level of power that is necessary used against another person that is appropriate to protect yourself, colleagues or property. In extremely dangerous situations, killing the attacker may be justified

必要时适合保护本人、家人或财产免受他人损害的武力水平。极端危险情况下，杀死袭击者可能是合理的。

Self-defence could be applied as partial defence. For example, the court is obliged to reduce the sentence to that legally prescribed ranges, or even exempts the punishment for those who noticeably exceeded the necessary limits in exercising self-defence. There is also a special rule for self-defence under which the proportionality requirement does not apply. Where a person acts in defence against an ongoing assault, murder, robbery, rape, kidnap or other violence crimes and causes injury or death to the perpetrator(s), the defence is not deemed excessive and the person shall not bear criminal liability.

正当防卫可以是部分防卫。例如，法庭有义务将判决减少到法定范围内甚至豁免那些在实施正当防卫明显超过必要限度的人。正当防卫还有一个特殊规定——对正在进行行凶、杀人、抢劫、强奸、绑架以及其他严重危及人身安全的暴力犯罪，采取防卫行为，造成不法侵害人伤亡的，不属于防卫过当，不负刑事责任

Duress and Necessity.胁迫和必要。

Duress is not a legitimate defence under PRC criminal law. A person who commits a crime under duress will be guilty of the offense, but may be given a mitigated punishment or be exempted from punishment. This means that operating as a Close Protection operator and in a situation that experiences heightened tension does not allow the individual the opportunity to apply physical force without due consideration

《中华人民共和国刑法》规定，胁迫不是合法的防卫。被迫犯罪会获罪，但可能减免惩罚。也就是说，特勤队员在高度紧张的情况下，不经过充分考虑不能使用暴力。

Necessity, on the other hand, is a defence. Necessity is defined as the aversion of danger in emergency. According to the Article 21 of the Criminal Law.” If a person is compelled to commit an act in an emergency to avert an immediate danger to the interests of the State or the public, or in his own or other person’s rights of the person, property or other rights, thus causing damage, he shall not bear criminal responsibility. However, Article 21 does not apply to a person who is charged with special responsibility in his post or profession such as Close Protection.

必要防卫是正当防卫。必要的定义是紧急情况下对危险的反感。根据《刑法》第21条，为了使国家、公共利益、本人或者他人的人身、财产和其他权利免受正在发生的危险，不得已采取的紧急避险行为，造成损害的，不负刑事责任。但第21条不适用于职务上、业务上负有特定责任的人，例如特勤队员。

Mitigation Measures 缓和措施

To manage the principles of self-defense within the Chinese legal system, it is important to make a sound threat assessment to mitigate potential threats. Having completed such an assessment and an attack still occurs it is essential to deal within the parameters outlined based on the application of reasonable and necessary force based on the circumstances presented.

在中国法律体系下运用正当防卫原则时，必须进行详尽的威胁评估，从而降低潜在威胁。如果评估完成，还是有袭击，就必须根据情况，在合理使用必要武力的基础上应对各种情况。

For more information speak to the Initiative Training Group Team