Spain

Criminal Code

BOOK I
General provisions on felonies and misdemeanours, the persons responsible, the penalties, security measures and other consequences of criminal offences

TITLE I
On felonies and misdemeanours

CHAPTER II
On the causes of exclusion from criminal accountability

Article 20

The following persons shall not be criminally accountable :

4. Whoever is acting in defence of his person or his own rights or those of others, as long as the following requisites are fulfilled :

One. Unlawful aggression. In the case of defence of goods, unlawful aggression shall be deemed as an attack on these that constitutes a felony or misdemeanour and that places them in serious danger of deterioration or imminent loss. In the case of defence of the dwelling or its premises, trespassing the former or latter shall be deemed unlawful aggression.

Two. Rational need for the means employed to prevent or repel it.

Three. Lack of sufficient provocation on the part of the defending person.

Keywords

Self-defence - national proceedings



EDIT.