Self-defence - national proceedings

Uzbekistan

Criminal Code of the Republic of Uzbekistan

GENERAL PART

SECTION THREE. EXCULPATORY CIRCUMSTANCES

CHAPTER 9. NOTION AND TYPES OF EXCULPATORY CIRCUMSTANCES

Article 37. Necessary Defense

An act committed in a state of necessary self-defense, that is, when protecting life or rights of a person defending oneself or another person, or interests of the State and society from an illegal attempt by causing harm to an attempter, shall not be a crime, if no excess of self-defense occurred.

Excess of self-defense shall be a clear inadequacy of a defense for a nature and danger of an attempt.

A right to necessary defense shall be enjoyed regardless of existing possibility to call in aid of other persons or authorities, or to prevent an attempt by other way.

Intentional provocation of an attempt with the purpose of causing harm shall not be a necessary 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;