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You always want to punish the culprit, especially if he really annoyed you. But read the article below so he doesn't put you in jail.
When defending against intruders, it is allowed to use stun guns, traumatic and gas pistols. These types of self-defense weapons can be purchased legally, but for all of them, except for tasers and gas canisters, you must obtain a license from the police.
Real-life example
When an attacker commits violence that is dangerous to human life, or threatens to use it, the defender has the right to resist him. And if he causes serious harm to the attacker, this will not be considered a crime (according to the Criminal code). In certain cases, a person may not be punished, even if they kill the attacker.
So, in 2010, in Nizhny Tagil, drunken men broke into the house of Oksana Nesterova, a mother with many children, and started shooting. The day before, their mobile phones were stolen, and they were told that Oksana might know the kidnapper. At that moment, Oksana herself, her sister and two daughters were in the house. The woman was wounded, and in response, she shot one of the men with a hunting rifle. Oksana's actions were recognized necessary defense.
What is considered excessive defense?
When direct threat there is no life, a person still has the right to defend himself from encroachment. However, in this case, it is very important not to exceed the limits of the necessary defense.
Deliberate actions that clearly do not correspond to the nature and danger of encroachment (attack) can be regarded by law as deliberate excess of the necessary defense. This is the case when the defender aware of it, which causes harm to the attacker that could be avoided in a particular situation.
As an example of exceeding self-defense, one can consider, for example, murder for beating up or for an insult. Such actions will be considered murder, not self-defense, and the punishment will be appropriate.
Use caution when handling weapons such as: traumatic gun. Using it against an attacker, it is easy to exceed the limits of the necessary defense. Rubber bullets are quite dangerous. A traumatic pistol can be used to injure and even kill if fired at close range.
What is not an excess of defense?
If a person was unable to assess the degree of danger due to the surprise of the attack, then their actions will not be considered excessive self-defense (of course, if they can prove it).
What is the penalty for exceeding self-defense?
According to the criminal code: "According to the decree on the application by courts of legislation on necessary defense and causing harm when detaining a person who has committed a crime,"for murder in excess of the limits of self-defense, up to two years in prison are threatened, and for causing serious or moderate damage to health-up to a year.
Such life-threatening conditions as cranial vault fracture, penetrating abdominal wound, multiple rib fractures, coma, etc. are considered as serious harm to health. Temporary disability for more than three weeks or permanent disability by 10-30% are considered to be a moderate health hazard.
When defending against intruders, it is allowed to use stun guns, traumatic and gas pistols. These types of self-defense weapons can be purchased legally, but for all of them, except for tasers and gas canisters, you must obtain a license from the police.
Real-life example
When an attacker commits violence that is dangerous to human life, or threatens to use it, the defender has the right to resist him. And if he causes serious harm to the attacker, this will not be considered a crime (according to the Criminal code). In certain cases, a person may not be punished, even if they kill the attacker.
So, in 2010, in Nizhny Tagil, drunken men broke into the house of Oksana Nesterova, a mother with many children, and started shooting. The day before, their mobile phones were stolen, and they were told that Oksana might know the kidnapper. At that moment, Oksana herself, her sister and two daughters were in the house. The woman was wounded, and in response, she shot one of the men with a hunting rifle. Oksana's actions were recognized necessary defense.
What is considered excessive defense?
When direct threat there is no life, a person still has the right to defend himself from encroachment. However, in this case, it is very important not to exceed the limits of the necessary defense.
Deliberate actions that clearly do not correspond to the nature and danger of encroachment (attack) can be regarded by law as deliberate excess of the necessary defense. This is the case when the defender aware of it, which causes harm to the attacker that could be avoided in a particular situation.
As an example of exceeding self-defense, one can consider, for example, murder for beating up or for an insult. Such actions will be considered murder, not self-defense, and the punishment will be appropriate.
Use caution when handling weapons such as: traumatic gun. Using it against an attacker, it is easy to exceed the limits of the necessary defense. Rubber bullets are quite dangerous. A traumatic pistol can be used to injure and even kill if fired at close range.
What is not an excess of defense?
If a person was unable to assess the degree of danger due to the surprise of the attack, then their actions will not be considered excessive self-defense (of course, if they can prove it).
What is the penalty for exceeding self-defense?
According to the criminal code: "According to the decree on the application by courts of legislation on necessary defense and causing harm when detaining a person who has committed a crime,"for murder in excess of the limits of self-defense, up to two years in prison are threatened, and for causing serious or moderate damage to health-up to a year.
Such life-threatening conditions as cranial vault fracture, penetrating abdominal wound, multiple rib fractures, coma, etc. are considered as serious harm to health. Temporary disability for more than three weeks or permanent disability by 10-30% are considered to be a moderate health hazard.
