What you need to know about the justifiable defense, not to go to jail
Right Educational Program / / December 19, 2019
What it is considered self-defense?
Necessary defense is considered harm to the aggressor whose actions threaten the lives and health - yours or a third party. If you cleared the striker, beating or killing him, is not a crime - it is written in the lawArticle 37 of the Criminal Code. necessary defense. But there are nuances.
Respond with violence can only be comparable violence. If you pushed on the subway, and you hit it for a man with a knife - this is not the defense.
Similarly, the situation is the protection of property. Shot in the leg to the thief who stole your wallet - not defense.
But when the threat is real, everything is easy. If the court deems that you have exceeded the limits of permissible self-defense, you will be punishedArticle 108 of the Criminal Code - corrective or forced labor, restrictions on freedom and even imprisonment for up to two years.
This is what happens when your actions, according to the Court, did not correspond to the level of danger of attack. For example, you try to beat the opponent, inferior to you in power, and you
stopped his blow tube head. Exceeded Defense deem and murder, if there was no threat to life.Two years? Whence then such huge as possible in protecting?
Suspicion of abuse of self-defense - not the worst. The investigation may accuse you of murder - intentionally or through negligence.
But how to prove that my life was really in danger?
The Supreme Court considersResolution of the Plenum of the Supreme Court on September 27, 2012 № 19 "On the application of the law by the courts of the necessary defense and hurting during the arrest of the perpetrator"That proof of the real threat to life and health are the following:
- Serious damage like wounds important organs.
- Weapon or object that an aggressor could use as a weapon.
- Dangerous actions such as strangulation or burning, which has made the aggressor.
At the same time a demonstration of weapons and threats to your address is already considered to be hazardous.
But even the presence of all of the evidence does not mean that your actions are immediately recognized self-defense and released on all four sides. First there will be the investigation and trial. Then - as lucky.
In addition, the court can be a kind of opinion about what constitutes a threat to life, which can be answered in the murder.
And how to protect themselves? Or die, or sit
Not necessary. Long trial defending really coming. But in recent years it has become much clearer how the law allowed self-defense. In 2012, the Plenum of the Supreme Court issued a rulingResolution of the Plenum of the Supreme Court on September 27, 2012 № 19 "On the application of the law by the courts of the necessary defense and hurting during the arrest of the perpetrator"Wherein said certain points.
In particular, it is said that the threat of defending life may be protected by any means. Greater value acquired outside circumstances that may hinder assess the threat is real. For example, if you in the house someone night breaks, You can not figure out with what intentions came to visit.
The decree prescribed separately, that if a man defending himself, took away from the attacker arms, it does not mean that he is safe. So that his subsequent actions can be self-defense.
But the jurisprudence rests not only in the decision of the Supreme Court. To a large extent it depends on the lower courts, which deal with specific cases.
In any case, when the choice is between life, even with the trial, and death, it is more logical to choose the former.
I carry a gun, it is an aggravating circumstance in self-defense?
By itself, the law does not prohibit the use of any self-defense with real threats. In practice, everything will depend on the judge.
If you carry a gun, took courses on its use, it can be regarded as a preparation for murder.
Ivannikova already mentioned had a knife. It saved her from rape, but not simplified the investigation. In its address even put forward the claim that she wrapped the cloth is not the whole knife, and only the middle of the blade to avoid injury when the gun will get.
What if I defended myself and injured the assailant?
The first step is to call ambulance. Perhaps the doctors will be able to prevent the death of the aggressor. In the case of exceeding the permissible self-defense it will be a different articleArticle 114 of the Criminal CodeNot connected with the murder. Dates on it less.
Then you need to report the incident to the police. But is not limited to these. Before the arrival of police it is important to contact a lawyer or at least with relatives and friends, who will be able to quickly find a defender - he'll really need.
Points to remember
- If you have the ability not to kill anyone, and do not mutilate, it is better to use it.
- If you can stop the aggression ways forward, more forgiving than murder, select this option.
- When the real threat that will kill you, to protect all possible means - to stay alive is more important.
- Even if we try to foresee all risks in defense, too much will depend on the particular judge. But try to do it - not too much anyway.
- Look for a very good lawyer, if you came under investigation after it defended itself. He will build the correct line of defense, and if necessary, give the necessary publicity the case - in such cases the public opinion plays an important role.
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