What is self-defense?

Self-defense is the defense, the protection of someone or property, in an immediate attack by a person.

The means used in this defense are prohibited in another situation. It is the judiciary that checks whether the response, used to defend itself, is a case of self-defense.

For self-defense to exist, the following 5 conditions must be met:

• The attack must be unjustified, i.e. without valid reason
• The defense must be for oneself or for another person
• The defense must be immediate
• The defense must be necessary for its protection, that is, the only solution is the response
• The defense must be proportional, i.e. equal to the severity of the attack

There is an additional condition on the defense of property. This defense must not result in intentional homicide, that is to say, the death of a person.

Self-defense involves all parties: author, co-author and accomplice.

Proof of self-defense

It is up to the person who invokes self-defense to prove it.

However, self-defense is assumed to exist in the following cases:

• At night, in an inhabited place, a person pushes a person back from entering by break-in, violence or ruse
• A person struggles against theft or looting done with violence

Examples of situations before the courts