'Self-defence - national proceedings' in document 'Portugal - Penal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

BOOK I-GENERAL PART

TITLE II-THE ACT

CHAPTER III-CAUSES FOR EXCLUSION OF UNLAWFULNESS AND OF GUILT

Article 31
Exclusion of unlawfulness

a) In legitimate defence;

BOOK I-GENERAL PART

TITLE II-THE ACT

CHAPTER III-CAUSES FOR EXCLUSION OF UNLAWFULNESS AND OF GUILT

Article 32
Legitimate defence

An act constitutes legitimate defence when committed as the necessary means to repel a present and unlawful aggression on legally protected interests of the agent or of a third person.

Article 33
Excess of legitimate defence

1- If there is excess of the means employed in legitimate defence, the act is unlawful but punishment may be especially mitigated.

2- The agent is not punished if the excess results from non-censurable disturbance, fear or shock.