Self-defence - national proceedings

Portugal

The Portuguese Penal Code General Part (Articles 1-130)

BOOK I-GENERAL PART

TITLE II-THE ACT

CHAPTER III-CAUSES FOR EXCLUSION OF UNLAWFULNESS AND OF GUILT

Article 31
Exclusion of unlawfulness

a) In legitimate defence;

BOOK I-GENERAL PART

TITLE II-THE ACT

CHAPTER III-CAUSES FOR EXCLUSION OF UNLAWFULNESS AND OF GUILT

Article 32
Legitimate defence

An act constitutes legitimate defence when committed as the necessary means to repel a present and unlawful aggression on legally protected interests of the agent or of a third person.

Article 33
Excess of legitimate defence

1- If there is excess of the means employed in legitimate defence, the act is unlawful but punishment may be especially mitigated.

2- The agent is not punished if the excess results from non-censurable disturbance, fear or shock.

Rome Statute

Article 31 Grounds for excluding criminal responsibility

1. In addition to other grounds for excluding criminal responsibility provided for in this Statute, a person shall not be criminally responsible if, at the time of that person's conduct:

(c) The person acts reasonably to defend himself or herself or another person or, in the case of war crimes, property which is essential for the survival of the person or another person or property which is essential for accomplishing a military mission, against an imminent and unlawful use of force in a manner proportionate to the degree of danger to the person or the other person or property protected. The fact that the person was involved in a defensive operation conducted by forces shall not in itself constitute a ground for excluding criminal responsibility under this subparagraph;