When is self-defense permitted? How to protect yourself from attack and not exceed your right for self-defense? In this article, we will answer common questions on the topic and help you choose a legal effective self-defense weapon.
SELF-DEFENSE: FREQUENTLY ASKED QUESTIONS
What is self-defense?
In international law, self-defense is the lawful use of force in response to an act of aggression to ensure personal security. Self-defense are actions taken to protect the rights of an individual.
According to Article 37 of the criminal code of the Russian Federation, harming an offender is considered a necessary defense if his actions involve violence that is life-threatening or if there is a threat of violence.
It is not considered as a crime to harm an assaulting party if the person could not assess the nature and severity of the threat. Then the court will recognize the person`s actions as necessary defense.
- According to the criminal code of the Russian Federation, self-defense is not considered a crime if there is:
- a real threat to the person`s life (for example, if the criminal uses a weapon);
- a serious life-threatening injury is caused;
- an immediate threat of violence that endangers one`s life. For example, an expressed intent to kill or cause dangerous harm, a demonstration of a weapon or of explosive devices,-if there is a reason to believe that the threat would be fulfilled.
Restrictions for self-defense. If the situation does not pose a threat one`s life, self-defense means must correspond to the degree of danger and severity of the committed crime. Otherwise, the court may interpret harm to the offender as exceeding the necessary self-defense.
Exceeding the necessary self-defense
What does exceeding the limits of necessary defense mean?
The necessary self-defense is exceeded in the situations, when an attacker was killed, or got serious injuries, while there was no threat to the defender`s life. A person is found guilty only if it is proved that they knowingly caused harm that wasn`t corresponding with the level of danger.
What is not considered a dangerous threat?
Actions that do not pose a threat to life, such as beatings, minor or moderate injuries, robbery using violence that does not threaten one`s life and damage to other people's property (intentional or negligent), vandalism, damage to infrastructure or transport are not considered as dangerous attacks.
Self-defense weapons: Russian legislation. Pros and cons
- Types of self-defense weapons (according to the article №3 of law №150-FZ ):
- - Gas weapons: gas pistols and revolvers, mechanical sprayers, aerosols and other devices that affect a person with irritating substances.
Gas pistols and aerosols are very common self-defense weapons due to their low price and wide availability. They are most often associated with self-defense weapons. However, there is a large number of restrictions on their use, so you cannot use gas pistols for self-defense in all situations (windy weather, closed spaces, etc.).
- - Stun guns made in Russia, complying with GOST R 50940-96.
Stun guns made by OBERON-ALPHA are reliable and effective self-defense weapons that can be used in any situation against an offender or group of offenders, aggressive animals, for remote psychophysical or electroshock influence.
- - Smoothbore long-barrelled firearms, including those with traumatic cartridges.
- - Barrel-less firearms with traumatic, gas and light-sound cartridges.
The use of a traumatic weapons can lead to serious consequences for one`s life and health; their use can be interpreted as exceeding the necessary self-defense. Safety regulations do not allow the use of pneumatic weapons for self-defense at a distance of less than 1 meter. This means that traumatic cartridges cannot be used in closed spaces (elevators, cars) and in close contact with the offender.
The criminal code defines the limits of allowed self-defense. Exceeding the necessary self-defense can be punished. It is recommended to choose such self-defense weapons that do not cause long-term consequences for the life and health of the offender, and at the same time effectively stop the crime in different circumstances, including in the entrance halls, elevators, or when used in a group conflict.