Necessary defense

21 January 2024, 19:09

1. Causing harm to an aggressor in a state of necessary defense, that is, when protecting the personality or rights of the defender or other persons, interests of society or the state protected by law from a socially dangerous attack, is not a crime if this attack was accompanied by violence dangerous to the life of the defender or another person, or with an immediate threat of applying such violence.

2. Defense against an attack not accompanied by violence dangerous to the life of the defender or another person, or with an immediate threat of applying such violence, is lawful if at the same time there was

Exceeding the limits of necessary defense is deemed to have occurred, that is, intentional actions clearly not corresponding to the nature and danger of the attack.

2.1. Actions by the defending party are not considered an excess of the limits of necessary defense if this person, due to the unexpectedness of the attack, could not objectively assess the degree and nature of the danger of the assault.

(Part 2.1 introduced by Federal Law No. 162-FZ dated December 8, 2003)

3. The provisions of this article apply equally to all persons regardless of their professional or other special training and position, as well as regardless of the possibility

to avoid a socially dangerous act or to seek assistance from other individuals or authorities

Source: "Criminal Code of the Russian Federation" dated June 13, 1996 No. 63-FZ (edition of November 29, 2012)

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