PART ONE
GENERAL PART
CHAPTER ONE
SCOPE OF THE ACT AND FOUNDATIONS OF CRIMINAL LIABILITY
Title Two
Foundations of Criminal Liability
DIVISION FOUR
CIRCUMSTANCES EXCLUDING UNLAWFULNESS OF AN ACT
Section 25
Necessary Self-defence
(1) An act, which otherwise gives rise to criminal liability, shall not be considered as a criminal offence if it is performed in order to avert an impending or actual attack on an interest protected under this Act.
(2) Necessary self-defence shall not be invoked if the intensity of defence clearly exceeds the intensity of an attack, in particular in view of the mode, place, time of an attack, the circumstances related to an assailant or a defender.
(3) Any person who averts an attack in a manner referred to in paragraph 2 shall not be held criminally liable if he acted in a state of intense agitation caused by an attack, in particular as a consequence of confusion, fear or fright.
(4) Where any person, given the circumstances of the case, assumes the threat of an attack erroneously, he shall not be exempted from the criminal liability for an act committed by negligence if an error consists in negligence.
Self-defence - national proceedings
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