Self-defence - national proceedings

Romania

The Criminal Code

The General Part

Title II
Offences

Chapter II
Justifying causes

Legitimate defence

Art.22 - (1) The act committed in legitimate defence does not constitute an offence.

(2) Is in legitimate defence the person who commits the act in order to remove a material, direct, immediate and unjust attack against himself or against some other person or against a general interest, endangering the person or the rights of the one attacked or the general interest.

(3) It shall be presumed that the person committing an act in order to reject the penetration, without right, of a person by violence, deceit, forced entry or by any other such means, into a home, a room, an outbuilding or a enclosed space annexed to these is also in legitimate defence.

(4) An act provided in the criminal law committed while exceeding the limits of defence proportional with the seriousness of the danger and with the circumstances of the attack, shall not be considered an offence if the exceeding of limits took place because of the confusion or fear of the person responding.

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;