Self-defence - national proceedings

Serbia

Criminal Code

GENERAL PART

Chapter Three
CRIMINAL OFFENCE

1. General provisions on Criminal Offence

Self-defence
Article 19

(1) An act committed in self-defence is not a criminal offence.

(2) Self-defence is such defence as necessary for the perpetrator to repel a concurrent unlawful attack on his person or the person of another.

(3) Punishment of a perpetrator who has exceeded the limits of self-defence may be mitigated. A perpetrator who exceeds the limit of self-defence due to extreme provocation or fear caused by assault may be acquitted.

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;