Armenia

Criminal Code of the Republic of Armenia

General Part

Section 2.

Crime.

Chapter 8.

Circumstances excluding the criminality of the act.

Article 42. Necessary defense.

1. The action committed in the state of necessary defense, is not considered a crime, i.e., when defending the life, health and rights of the defender or other person, or defending the state interests from socially dangerous encroachments, or from a real threat, defending oneself by inflicting damage to the perpetrator of the encroachment, provided the necessary defense was not exceeded.

2. When defending a person’s life from dangerous violence or real threat of such violence, any damage can be inflicted, including death.

3. The person is entitled to the right of necessary defense, regardless of the possibility to avoid the encroachment or to appeal to other persons or state bodies, as well as, regardless of the person’s special training or official position.

4. Such deliberate actions which obviously for the self-defender are inadequate with the nature and extent of danger of the encroachment are considered acts of excessive defense.

5. Use of weapon or any other means or objects for the purpose of defense from assault of an armed person or assault of a group of persons, as well as for the purpose of prevention of illegal and forced intrusion into an apartment or other building, is not considered an act of excessive defense, irrespective of the degree of damage incurred by the offender.

Keywords

Necessity - national proceedings



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