The General Part

Title II
Offences

Chapter II
Justifying causes

Legitimate defence

Art.22 - (1) The act committed in legitimate defence does not constitute an offence.

(2) Is in legitimate defence the person who commits the act in order to remove a material, direct, immediate and unjust attack against himself or against some other person or against a general interest, endangering the person or the rights of the one attacked or the general interest.

(3) It shall be presumed that the person committing an act in order to reject the penetration, without right, of a person by violence, deceit, forced entry or by any other such means, into a home, a room, an outbuilding or a enclosed space annexed to these is also in legitimate defence.

(4) An act provided in the criminal law committed while exceeding the limits of defence proportional with the seriousness of the danger and with the circumstances of the attack, shall not be considered an offence if the exceeding of limits took place because of the confusion or fear of the person responding.