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Legal aspects of self-defense. Basics of safe life

Fundamentals of Safe Life Activities (OBZhD)

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The law provides for the right of anyone to necessary defense. The state of necessary defense is considered by the law as a circumstance that completely excludes the punishability of an act (that is, the actions of the defender for causing harm to the attacker), if the limits of necessary defense were not exceeded. (For the interpretation of the concept of "Necessary Defense" see Article 37 "Necessary Defense" in the "Comments to the Criminal Code of the Russian Federation" for 2002, as amended by Federal Law No. 29-FZ of March 14, 2002)

In order for the defender to be entitled to the necessary defense, the offense must be:

  • objectively socially dangerous;
  • in cash, that is, it has already begun and has not yet ended;
  • real, not imaginary.

To choose a method of self-defense, you can rely on the following data, which show which protection corresponds to various attacks:

Encroachment DEF
For life. Any action, including deprivation of life.
To health in the form of grievous bodily harm Any action, including deprivation of life.
To health in the form of less serious bodily harm. Any act other than intentional deprivation of life.
On health in the form of light bodily injuries. Any act other than the intentional taking of life or the intentional infliction of grievous bodily harm.
On personal dignity and honor; to other personal interests. Any act other than intentionally taking life or causing grievous bodily harm.

Anyone who intends to use a weapon for self-defense must take into account the following provisions from the regulatory documents that determine acquisition and use of self-defense equipment:

  • the right to purchase, store and wear special self-defense equipment (gas pistols and revolvers, cartridges for them) is held by citizens who have reached the age of 18 and have passed tests on knowledge of the rules for using these means;
  • for the purchase and storage of aerosol packages filled with tear and irritant substances, a special permit is not required.

Authors: Aizman R.I., Krivoshchekov S.G.

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