Self-defence - national proceedings

Maldives

Maldives - Penal Code 1968 EN

CHAPTER 1
General Explanations

25. An act committed under sudden impulse in defence of “one’s own self” shall not be an offence except where that act results in the death of a person.

Note : “One’s own self” shall mean the life of one’s own, that of his parents, his children, and that of dependents and relatives whose legal guardianship is attributed to him by religion.

Maldives - Penal Code 2014 EN

GENERAL DEFENSES

CHAPTER 40. JUSTIFICATION DEFENSES
Section 45 – Defense of Person

(a) Subject to Subsection (b), a person’s use of force is justified if:

(1) it is necessary to defend against an unjustified use or threat of

force by an aggressor against:

(A) his own person, or

(B) the person of another; and

(2) the amount of force used is not disproportionate to the harm

threatened.

(b) Use of Force Risking Death or Serious Bodily Injury. A person’s

use of force that creates a substantial risk of causing death or serious bodily

injury is justified under Subsection (a) only if such force is necessary to defend

against a threat of death, serious bodily injury, or forcible intercourse.

(c) Definitions.

(1) Force is “unjustified” if it:

(A) satisfies the objective elements of an offense in Part II

of this Code, and

(B) is not justified by a defense in this Chapter.(2) Use of force is “disproportionate” if it is clearly in excess of

what a reasonable person would consider proportionate.

GENERAL DEFENSES

CHAPTER 40. JUSTIFICATION DEFENSES
Section 46 – Defense of Property

(a) Subject to Subsection (b), a person’s use of force is justified if:

(1) it is necessary to defend against an unjustified use or threat of

force against, or trespass on, or interference with:

(A) his property, or

(B) the property of another; and

(2) the amount of force used is not disproportionate to the harm

threatened.

(b) Use of Force Risking Death or Serious Bodily Injury. A person’s

use of force that creates a substantial risk of causing death or serious bodily

injury is not justified in the defense of property alone.

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;