PART I
GENERAL PART
BOOK I
CRIMES AND CRIMINALS
TITLE III
CONDITIONS OF LIABILITY TO PUNISHMENT IN RESPECT OF CRIMES
CHAPTER II
CRIMINAL GUILT
Section II.- Lawful Acts, Justifiable Acts and Excuses
Sub-section II.- Justifiable Acts and Excuses
Article 78.- Legitimate Defence
An act done in self-defence or the defence of another person against an unlawful attack or an imminent and unlawful attack against a legally protected right shall not be punishable if the attack or imminent attack could not have been otherwise averted and if the defence was proportionate to the needs of the case .
PART I
GENERAL PART
BOOK I
CRIMES AND CRIMINALS
TITLE III
CONDITIONS OF LIABILITY TO PUNISHMENT IN RESPECT OF CRIMES
CHAPTER II
CRIMINAL GUILT
Section II.- Lawful Acts, Justifiable Acts and Excuses
Sub-section II.- Justifiable Acts and Excuses
Article 79.- Excess in Legitimate Defence.
(1) When a person in repelling an unlawful attack or an imminent and unlawful attack exceeded the limits of legitimate defence by using disproportionate means or going beyond the acts necessary for averting the danger, the Court shall, without restriction, reduce the penalty (Art. 180).
(2) The Court may impose no punishment when the excess committed was due to excusable fear, surprise or excitement caused by the attack .
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;