Is Killing A Robber Self Defense?

Self-defense is recognized as a legitimate justification for using force, including deadly force, to protect oneself from harm or the imminent threat of harm. China’s self-defense laws require that a person reasonably believes that their life or physical well-being is in immediate danger, and their use of force, including deadly force, is necessary to protect themselves from that danger. The level of force allowed in self-defense cases is often proportionate to the threat faced.

When a robber enters your apartment with the intention to steal, the use of deadly force in self-defense would depend on the specific circumstances. Let’s consider three scenarios to illustrate the situation.

In the first scenario, suppose the robber quietly picks your lock and enters your apartment while you are asleep. You wake up upon hearing the sound of the robber rummaging through your belongings, searching for valuable items. Reacting swiftly, you grab a baseball bat and strike him forcefully on the head, causing him to collapse and die from the impact. In this case, your use of deadly force would likely be considered excessive.

The reason is that although the robber was trespassing and attempting theft, your personal safety was not directly threatened. Using such extreme force, resulting in his death, could lead to legal trouble, specifically for causing death by negligence, also known as manslaughter. It’s important to note that in this situation, a more appropriate response would have been to use proportionate force, such as striking him on the limbs or abdomen to incapacitate him and stop the theft.

In the second scenario, imagine that the robber is armed, wielding a knife, and ignores your warnings to stop. Instead, he attempts to attack you. In this situation, defending yourself with deadly force would likely be considered self-defense. Stab wounds from the robber’s weapon could cause severe harm or even death, justifying the use of deadly force to protect yourself.

Lastly, let’s consider the third scenario where the robber forcibly enters your apartment by breaking down the door or smashing windows. Given the use of such aggressive and destructive methods, it would be reasonable for anyone to believe that the robber poses a threat and may cause harm. In this scenario, taking actions to defend yourself, including using deadly force, could be seen as self-defense.