'Self-defence - national proceedings' in document 'Tajikistan - Criminal Code'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

SECTION II. CRIME

CHAPTER 8. Circumstances Excluding Criminality of Acts

Article 40. Justifiable Defense

(1) An act shall not be deemed to be a crime when an aggressor is injured in the course of justifiable defense, i.e. when protecting a person's life , health, rights, interests of the society or state from a socially dangerous offense, provided that the limits of the justifiable defense were not exceeded.

(2) The right to justifiable defense belongs to a person regardless of his possibility to avoid an offense, professional training and position.

(3) An intentional act not corresponding to the character and degree of the social danger of an offense is deemed to be an excessive use of force.

(4) An intentional provocation of an offense in order to do damage is not deemed to be justifiable defense.