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If the attacker was killed in self-defense, the court will have to determine whether the necessary defense was exceeded. Let's look at what the court's decision depends on, and what punishment the defender will face if found guilty.

MANSLAUGHTER DURING SELF-DEFENSE AND DETENTION OF THE CRIMINAL

Manslaughter during self-defense

Citizens have the right to self-defense - to protect themselves and people around them. The law defines the limits of permitted self-defense. Blog articles on this topic: Necessary self-defense: FAQ and Myths about self-defense.

According to the article 37 of the Criminal code of the Russian Federation, causing harm to an offender does not exceed the necessary defense, if his actions presented danger to the life of the defender or another person, or if there was an immediate threat of such actions.

If the court decides that the actions of the offender did not pose a danger to the life of the defender, his actions will be tried under article 108 of the Criminal code "Manslaughter committed when exceeding the limits of necessary self-defense".

Responsibility

According to the article 108 of the Criminal code of the Russian Federation, manslaughter committed when exceeding the limits of necessary defense is punishable by correctional labor, or restriction of freedom, or forced labor, or imprisonment for up to two years.

Manslaughter during self-defense. Exceeding the necessary defense

Murder in custody

A more detailed interpretation of the necessary defense is provided in the resolution of the Plenum of the Supreme Court of the Russian Federation №19, dated September 27, 2012.

Detaining a criminal for further transfer to law enforcement agencies ensures that the criminal will be punished and prevents commitment of new crimes.

According to the Decree, if in the process of arrest the offender is posing danger to others, including the situations when his actions pose danger for the life of the person detaining him or third persons, or when there is a threat of violence, the infliction of harm must be tried under the article on self-defense (article 37 of the Criminal code).

Responsibility

The second part of article 108 of the criminal code determines the punishment for manslaughter, that was caused by excessive measures taken for detention, i.e. the measures do not correspond to the severity of the actions of the detainee.

For this type of murder, the penalty is correctional labor, or restriction of liberty, or forced labor, or imprisonment for up to three years.

Conclusions

Use legal self-defense weapons to minimize the likelihood of serious injury of the attacker or manslaughter. Do not carry prohibited weapons, including knives and brass knuckles.

SELF-DEFENSE WEAPONS

For more useful information, see the blog of the self-defense weapon developer OBERON-ALPHA.

You can contact us here.

2020-08-24 15:47:05
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