Self-defence - national proceedings

Tajikistan

Criminal Code of the Republic of Tajikistan (Excerpt)

GENERAL PART

SECTION II. CRIME

CHAPTER 8. Circumstances Excluding Criminality of Acts

Article 40. Justifiable Defense

(1) An act shall not be deemed to be a crime when an aggressor is injured in the course of justifiable defense, i.e. when protecting a person's life , health, rights, interests of the society or state from a socially dangerous offense, provided that the limits of the justifiable defense were not exceeded.

(2) The right to justifiable defense belongs to a person regardless of his possibility to avoid an offense, professional training and position.

(3) An intentional act not corresponding to the character and degree of the social danger of an offense is deemed to be an excessive use of force.

(4) An intentional provocation of an offense in order to do damage is not deemed to be justifiable defense.

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;