'Self-defence' in document 'Poland - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

Chapter III.
Exclusion of penal liability

Article 25. § 1. Whoever in necessary defence repels a direct illegal attack on any interest
protected by law, shall not be deemed to have committed an offence.

§ 2. In the event that the limits of necessary defence have been exceeded, in particular when the
perpetrator has used a means of defence disproportionate to the danger of the attack, the court may
apply extraordinary mitigation of the penalty and even renounce its imposition.

§ 3. The court shall renounce the imposition of the punishment if exceeding the limits of
necessary defence resulted from fright or emotional distress, as justified by the circumstances of the
attack.

RELEVANT ROME STATUTE PROVISIONS

Article 31
Grounds for excluding criminal responsibility
1. In addition to other grounds for excluding criminal responsibility provided for in this Statute, a person shall not be criminally responsible if, at the time of that person's conduct:
(c) The person acts reasonably to defend himself or herself or another person or, in the case of war crimes, property which is essential for the survival of the person or another person or property which is essential for accomplishing a military mission, against an imminent and unlawful use of force in a manner proportionate to the degree of danger to the person or the other person or property protected. The fact that the person was involved in a defensive operation conducted by forces shall not in itself constitute a ground for excluding criminal responsibility under this subparagraph