Azerbaijan

Criminal Code of the Azerbaijan Republic

General provision

SECTION II
CRIME

CHAPTER 8
CIRCUMSTANCES EXCLUDING CRIMINALITY OF ACT

Article 36. Necessary defense

36.1. Causing of harm to encroaching person in condition of necessary defense, that is at protection of life, health and rights of defending or other persons, interests of the state or a society from publicly dangerous encroachment, if the of necessary defense was not out of allowed limits, shall not be admitted as a crime.

36.2. All persons irrespective of their professional or other special preparation and service position shall have right on necessary defense in an equal measure. This right shall be distributed on persons irrespective to an opportunity to address for the help to the state bodies or other persons, and also an opportunity to avoid publicly dangerous encroachment.

36.3. The deliberate actions, which are obviously not appropriate to nature and a degree of public danger of an encroachment, shall be admitted as excess of limits on necessary defense.

Keywords

Self-defence - national proceedings



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