You are here: Home Law Topics Criminal Defense China Self Defense Rules in Criminal Defense Cases

China Lawyer Blog - We answer your questions

China Self Defense Rules in Criminal Defense Cases

As a criminal defense lawyer, I often provide consultation on China criminal law rules. I received a consultation on a questions about self-defense. Let's say that Person A has a gun and pursues Person B. Person B gets away and Person turns around. Has Person A done enough to break off the pursuit? Person B comes out and beats up Person A. Who is the aggressor now? What I am wondering is at what point does the aggressor become the victim so that self-defense is a valid response?

Below is my answer to above questions.

It's highly dependent on the interpretation of Chinese law. But, I think we need to clarify the language. It's not legally relevant whether someone "pursues" another. It's likely relevant whether a person is an "aggressor," but that's not the term - at least in the Chian Criminal Law.

Instead, the rule is that self defense is not available if the defendant "provoked the use of force." In your example, I think it would require more facts to establish that Person A "provoked the use of force," whether or not he broke off the pursuit. Certainly, there would be some pursuits that would provoke force, and others that would not. It really just depends. Of course, if they actually broke off the pursuit and that was proven at trial, then I don't think anyone could claim that they provoked the force.

On the other hand, it would be very difficult for Person B to claim that he did not provoke the use of force. Of course, you could add facts that could change that. For example, if Person A was yelling "when I find you, I'm going to kill you" or "I'm going to hunt you to the ends of the earth."  But, based on the facts you presented, Person B would not likely be able to claim self defense.

China self defense rules are more complicated than you imagined. Consult our China criminal defense lawyer for more information.

 

 

Add comment


Security code
Refresh

  • Goal

  • Fees

The law blog is running by a China lawyer working for a full-service law firm, offering practical, results-driven advice on employment law, divorce, company law, and other legal issues. Our goal is to manage these issues effectively so that our clients can focus on what they could do best.

China Lawyer Blog will charge you under your specific circumstances in the following styles:
(1) Hourly fee arrangements
(2) Contingency fee arrangements
(3) Flat fee arrangements
(4) Percentage fee arrangements

Learn More...

ACCREDITED BY

China Lawyer Blog China Lawyer Society

China Lawyer

I am a licensed China lawyer. Most clients are foreign nationals and companies. China Lawyer Blog have associates in Beijing, Shanghai, Tianjin, Guangzhou, Suzhou, Nanjing, Qingdao, Fuzhou, Hainan, Hefei, Wuhan, Xian, Changsha, Xiamen and Hangzhou. Learn More

Latest Comments

AWARDINGS

China law society award


Style of Service

This China Lawyer Blog is aiming at providing better knowledge and understanding of Chinese law for foreigners. Should you have any legal issue in China, do not hesitate to contact China Lawyer Blog for consultation. Preliminary consultation is free. Further legal service, however, will be charged in due rate and in due course.

You are welcomed to ask for a quotation pursuant to your specific circumstance.

About author

China Lawyer BLog AuthorPeter Zhu, an experienced China attorney licensed to practice law for more than ten years, the author of this China Lawyer blog, welcomes any enquiry or consultation related to Chinese law.