Clarification on justifiable defense leads to applicatory increase

Justifiable defense — Article 20 of the Chinese Criminal Law — saw an increase in application by judicial authorities while dealing with cases last year, responding to public concerns and upholding the justice, according to reports.

The annual work reports of the Supreme People's Court and the Supreme People's Procuratorate, China's top judicial authorities, were submitted to the ongoing second session of the 14th National People's Congress, the country's top legislature, on Friday for review.

Both the reports highlighted the justifiable defense, which has been regarded as a "dormant clause" due to challenges in interpretation and the influence of misconceptions, such as "whoever is injured or killed is right", in China for some time.

Many internet users once commented that the true meaning of the law should be to increase the liability for wrongdoers, rather than burdening good people.

To address public concerns, judicial authorities, in recent years, issued guidelines to further specify circumstances in which justifiable defense should be applied, making it no longer an illusory provision.

Last year, 261 people were not arrested or prosecuted after their acts were identified as justifiable defense in line with the law, up 25.5 percent year-on-year, according to the SPP report.

The SPC report also added that from 2021 to 2023, Chinese courts announced 77 defendants not guilty after their behaviors were deemed as justifiable defense.