GENERAL PART

SECTION II. CRIME

CHAPTER 8. CIRCUMSTANCES EXCLUDING CRIMINALITY OF ACT

Article 36. Necessary Defense

(1) Infliction of harm to a trespasser as necessary defense, i.e. in protecting a person, the dwelling, property, land holdings and other rights of the defender or other persons, legal interests of society and the State against socially dangerous trespassings shall not be recognized as crime unless with excess of bounds of necessary defense.

(2) Any person is entitled to necessary defense regardless of opportunity to avoid trespassing or request help from other persons or authorities.

(3) Excess of necessary defense limits is a flagrant inconsistence between the defense and the nature and danger of trespassing. Doing harm to a person attempting on human life, health or property or while repelling other attempts combined with the use or a threat to use arms, shall not be deemed as excess of necessary defense limits. Infliction of harm on a trespasser through carelessness shall not lead to criminal liability.