Estonia

The Penal Code

Part 1
GENERAL PART

Chapter 2
OFFENCE

Division 2
Preclusion of Unlawfulness

ยง 28. Self-defence

(1) An act is not unlawful if the person combats a direct or immediate unlawful attack against the legal rights of the person or of another person by violating the legal rights of the attacker and without exceeding the limits of self-defence.

(2) A person is deemed to have exceeded the limits of self-defence if the person with deliberate or direct intent carries out self-defence by means which are evidently incongruous with the danger arising from the attack or if the person with deliberate of direct intent causes evidently excessive damage to the attacker.

(3) An opportunity to avoid an attack or to request assistance from another person shall not preclude the right to self-defence.

Keywords

Self-defence - national proceedings



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