Georgia

The Criminal Code of Georgia

GENERAL PART

SECTION TWO. CRIME

CHAPTER VIII. NON-INCRIMINATING CIRCUMSTANCES

Article 28. Necessary Defence
1. The person does not act against law if he commits the action prescribed by this Code within the frames of necessary defence, I. e. in case of wrongdoing the person injures the wrongdoer to protect his own or others legal concerns.
2. The person may exercise the right to necessary defence regardless of his/her ability to prevent wrongdoing or ask other person for help.
3. The injury of the wrongdoer to retrieve the property deprived illegally or any other legal good shall be within the bounds of law if this occurred immediately after the legal good was taken by the wrongdoer or it was still possible to immediately retrieve it.
4. Failure to observe the frames of necessary defence shall mean the explicit incompatibility of the defender’s defence with the character and danger of the assault thereon.

Keywords

Self-defence - national proceedings



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