Necessary defense in theory and practice. Acceptable self-defense or exceeding the limits

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Published on Apr 22, 2021

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What to do if attacked by criminals? How to defend yourself and not go to jail? https://www.advokatoleshko.ru/ Formally, the law gives us the right to protect life and health by any available means, but there is a proviso that one cannot exceed the limits of necessary defense, that is, cause harm to the criminal that is clearly not commensurate with the nature and degree of danger of the criminal attack. The right to self-defense in Russia is provided for by Article 37 of the Criminal Code of the Russian Federation, according to which It is not a crime to cause harm to an attacker in a state of necessary defense, that is, when protecting the person and rights of the defender or other persons, the legally protected interests of society or the state from a socially dangerous attack, if this attack was associated with violence dangerous to the life of the defender or another person, or with an immediate threat of using such violence. 2. Defense against an attack that does not involve violence dangerous to the life of the defender or another person, or an immediate threat of using such violence, is lawful if the limits of necessary defense have not been exceeded, that is, deliberate actions that are clearly inconsistent with the nature and danger of the attack. 2.1. The actions of a defending person shall not be 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 attack. 3. The provisions of this article shall apply equally to all persons, regardless of their professional or other special training and official position, and regardless of the possibility of avoiding a socially dangerous attack or seeking assistance from other persons or authorities. If there is no direct evidence that you were attacked and your life and health were in danger, then be prepared to be accused of intentional harm to health (Articles 115, 112 or 111 of the Criminal Code of the Russian Federation, depending on the severity of the harm caused) or intentional murder (Article 105 of the Criminal Code of the Russian Federation), or murder in excess of the limits of necessary defense, under Article 108 of the Criminal Code of the Russian Federation, or causing serious or moderate harm to health in excess of the limits of necessary defense or in excess of the measures necessary to detain a person who has committed a crime (Article 114 of the Criminal Code of the Russian Federation). It is one thing when a gas canister or a gas pistol, as well as a stun gun, were used in self-defense on the street, serious injuries are quite rare from these means, although there are exceptions. But it is a completely different matter when a knife or a traumatic pistol is used, such a weapon can cause serious injuries, and it is quite possible to kill a person. Some people confuse the state of necessary defense with extreme necessity, but these are not the same thing. Although formally both conditions are grounds for exemption from criminal liability. More on that another time.

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