"When the road is uneven, you roar, and when you should shoot, you will shoot"
Recently, a video of a security guard subduing a domestic violence man was hotly searched, which quickly caused heated discussions on the Internet, and the most concerned question was whether the behavior of the security guard was considered righteous and courageous?
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算不算正当防卫?算不算互殴?
In response to netizens' questions, a lawyer spoke out that when a woman was subjected to domestic violence, the security guard stepped forward to dissuade and stop the man's illegal behavior, which was regarded as a righteous and courageous act.
After the man's domestic violence against his girlfriend, he didn't listen to the dissuasion of the security guard, and beat the security guard, but he didn't expect the man to touch the stubble and subdue the man with his backhand, at this time the security guard was considered legitimate defense.
However, after the security guard subdued the man, he still did not spare the punches and kicks, so that the man was powerless, and the man had already knelt on the ground and begged for mercy at that time, and the security guard continued to beat violently, which was already considered excessive defense.
如果防卫行为明显超过了必要限度并造成了重大损害,防卫者应当负刑事责任,也就是说保安的行为恐担刑责。
Many netizens are worried about the security guard, and at the same time praise the security guard, saying that there are only zero and countless times of domestic violence, and the security guard's behavior can be regarded as saving a family.
For the situation at that time, it is difficult to imagine what would have happened if the security guards had not stopped it in time, according to the information, the man was drunk and beat his girlfriend.
No one knows what the man will do when he is drunk, and no matter what, the security guard does the right thing, but it is possible to be responsible.
After all, the man was already kneeling on the ground and begging for mercy at that time, and it was obvious that the man was no longer dangerous at this time, and the security guards were still fists and kicks, and he might be judged to have defended too much.
For netizens, is it considered a mutual assault? There are also lawyers who speak out, for this case, the security guard is stopping the illegal behavior of men, even if the stop is too intense, at most it is just excessive defense, so it is not considered a mutual assault.
However, the security guard is likely to be responsible for stopping the man's behavior in the elevator, such as the subsequent claim from the security guard for medical expenses, excessive defense, and so on.
In fact, the last beneficiary is the company behind the security is the biggest winner, which not only brings heat to the security company, but also allows the security company to bring popularity without spending a penny, so that more communities choose the company.
Finally, I would like to say:
If you encounter such a situation, first of all, in the case of protecting your own safety, you can stop it in time, it is best to stabilize the situation, and then ask for help from foreign aid to avoid hurting others and hurting yourself.