Self-defence - national proceedings

Kazakhstan

Kazakhstan - Criminal Code 1997 (2004) EN

Section II. A Crime

Article 32. Necessary Self Defence

1. The causation of damage to an assaulting person in one's own defence shall not be considered a crime, that implies cases of the protection of a person, housing, property, land plot, and other rights of a defending person and of other persons, as well as the interests of the society or the state protected by law, from publicly dangerous assault, by way of the causation of damage to an assaulting person, if the limits of necessary defence were not exceeded.

2. All persons in equal measure shall have the right to necessary self-defence, regardless of their professional or other special training, or official position. This right shall belong to a person regardless of whether it is possible to avoid a publicly dangerous assault, or to appeal for help to other persons or state bodies.

3. An obvious discrepancy between measures taken in self-defence and the character and degree of public danger of an assault, as a result of which a given attacker was caused obviously excessive damage, which was not justified by a given situation, shall be recognised as an excess of the limits of necessary self-defence. Such excess shall entail criminal liability only in cases of deliberate causation of harm.

Causation of harm to a person who attempts to kill a person, or when deterring another encroachment associated with the use or an attempt to use arms, shall not be recognised as excess of the limits of necessary defence.

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;