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Young Samaritan will not be charged

( chinadaily.com.cn )

Updated: 2019-02-22

"Under the criminal law, justifiable self-defense is not subject to criminal responsibility, but if the defense is excessive it could lead to criminal responsibility," Ruan said.

Ji Chunwei, a criminal lawyer at Yangsan Law Firm of Guangdong, also agreed with the decision, and said the legal basis for the decision should be explained more clearly.

"Police and prosecutors usually handle self-defense cases based on how severe the consequences are, but sometimes other elements also need to be considered, such as how urgent the situation is," Ji said.

Ruan suggested that the nation's top prosecuting authority should clarify the boundaries of justifiable self-defense as soon as possible.

In September 2018, Yu Haiming of Kunshan, Jiangsu province, fought back against an attacker and stabbed him to death during a traffic dispute. Yu's actions were eventually determined to be justifiable self-defense.

The Supreme People's Court announced in September that it would further define justifiable self-defense and clarify the situations in which self-defense should be considered excessive. It will also consider what penalties offenders should face and provide a judicial interpretation. The top court did not say when it would issue the document.

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