TITLE 2
CRIMINAL RESPONSIBILITY
CHAPTER 2
EXCLUSION OF OR DIMINISHED CRIMINAL RESPONSIBILITY
Article 33: Self-defence
A person who commits an offence in self- defence shall not be criminally responsible.
Self-defence must meet the following conditions:
- the offence was compelled by the necessity to defend oneself or others or to defend property against an unjustified assault;
- the offence and the assault must occur at the same time; and
- the means used in defence were not disproportionate to the seriousness of the assault.
Article 34: Presumption of self-defence
A person shall be presumed to have acted in self-defence if he or she acted:
(1) at night, to repel an entry into a dwelling place committed by forced entry, violence or deception;
(2) to defend himself or herself against the perpetrators of theft or pillaging with violence.
The presumption of self-defence is not absolute. It may be rebutted by contrary evidence.
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;