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When is self-defense recognized?

Added: 27 October 2026

Self-defense is conduct aimed at repelling an unjust attack that is occurring or certain to occur or recur, at that moment and proportionately.

Criminal-law doctrine and procedural conditions

The attack must target a right, be unjust and be imminent for purposes of defense. Defensive force is directed against the attacker and remains necessary to avert danger. The possibility of retreat is not automatically decisive in every case; all circumstances are assessed. Criminal analysis separates conduct, the actor, mental element, unlawfulness and culpability. Even when several provisions appear relevant, concurrence, special-rule and apparent-concurrence principles require separate review. The law in force at the time of conduct is compared with later legislation; a harsher rule is not applied retroactively and a more favorable law is assessed as a whole. Facts and supporting evidence matter as much as the name given to an alleged offense.

Evidence, safeguards and case-specific assessment

There is no mechanical requirement that weapons match; intensity, instruments, positions and the reasonably perceived risk are compared. Retaliation after an attack has ended is not defense. Exceeding limits through excitement, fear or panic may be governed separately and requires close factual review. Criminal procedure combines the presumption of innocence with access to counsel, the right to remain silent, reasoned decisions and effective review. Investigative measures are not automatic punishment; legal grounds, proportionality and competent supervision are required. Minutes, video, digital material, witness testimony and expert reports are assessed for lawful acquisition and reliability. Because deadlines can be short, official notice and current procedural rules should be checked without delay in an actual case.

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Revision history

27 October 2026 — Article added.