General Part

Chapter III
Circumstances which Exclude Criminal Liability

Section 29. Necessary Self-defence

(1) Necessary self-defence is an act which is committed in defence of the interests of the State or the public, or the rights of oneself or another person, as well as in defence of a person against assault, or threats of assault, in such a manner that harm is caused to the assailant. Criminal liability for this act applies if the limits of necessary self-defence have been exceeded.

(2) Protective acts manifestly disproportionate to the nature and the danger of the assault, which were not necessary in order to prevent or repel the assault and as a result of which harm is caused to the assailant, shall be considered as exceeding the limits of necessary self-defence.

(3) Causing harm to the assailant through negligence, while repelling an assault, shall not be criminally punishable.

(4) A person has the right to necessary self-defence, irrespective of the possibilities of avoiding the assault or turning to other persons for help.

Section 30. Apparent Self-defence

(1) Apparent self-defence occurs when an actual assault, as mentioned in Section 29 of this Law, is not taking place but a person mistakenly thinks that such an assault is taking place.

(2) In cases when the circumstances of the offence have provided a basis for assuming that an actual assault is taking place but the person who has taken the defensive measures did not know that such an assumption was mistaken, and, additionally, he or she could not have and, moreover, should not have known it, the acts of such person shall be judged as necessary self-defence.

(3) A person who has exceeded the limits of self-defence, which would be permissible in the circumstances of a corresponding actual assault, is liable similarly as for exceeding the limits of necessary self-defence.

(4) A person who causes harm which corresponds to the elements of a criminal offence to an apparent assailant, not knowing that the assault is apparent, even if in the actual circumstances he or she should have and could have known such, shall be liable for the relevant offence similarly as for one which has been committed through negligence.