First Book
General Provisions
Section Two
CRIMES
CHAPTER FOUR
Instruments of Freedom
Part Three
Legitimate Right of Defence
Article 57 :
Commitment of criminal act for the purpose of exercising the legitimate right of defence shall not be considered crime.
Article 58
Legitimate right of defence permits the threatened person to make use of any necessary means for the purposo of defending against any criminal act that poses a material loss or danger of life to the defender or someono else.
Article 59 :
(1) Legitimate right of defence comes into presence when the defender is assured by rational instruments and logical reasons that a danger of transgression is directed to good, life or honour of the defender or someone else.
(2) Legitimate right of defence extends to tho end of danger and ends when it has disappearred.
Article 60 :
Legitimate right of defence comes into presence under tho following conditions :
1. Defence should be against aggression and assaults ;
2. Defence should be proportionate to the danger of throat ;
3. Defence should bo the only way of removing the danger ;
4. Defence should bo concurrent with the attack of the opposite side ;
5. Defence should be against an illegal and unjust act ;
6. The defender should not have deliberately caused the criminal action of the opposite side.
Article 61 :
Intentional murder on the basis of exercising the legitimate right of defence is not permitted, unless it takes place for defence against one of the following acts :
1. Defence against an act which poses the fear of death or serious injury, provided the said fear is created by reasonable instruments.
2. Defence against the act of adultery, homosexuality or threat to either.
3. Defence against human kidnapping.
4. Defence against intentional arson.
5. Defence against that act of larceny which is considered felony by law.
6. Defence against, unauthorized entery at night into residential house and/or its annexes.
Article 62 :
Legitimate right of defence does not come into existence if it is possible to resort to officials of public services to ward off the danger.
Article 63 :
Legitimate defence is not permitted against officials of public authority who carry out their duties with good intention, oven if in the course of duty they go beyond the limits of their legal authority, except in cases whore there is a positive form of death or serious injuries as a result of their action, based on sound reasons.
Article 64: The court can, in the case of a person who has gone beyond the limits of legitimate right of defence in good
faith, reduce his punishment to misdemeanor if it is felony and to obscenity if it is misdemeanor.
Self-defence - national proceedings
EDIT.