Self-defence - national proceedings

Denmark

Denmark - Criminal Code 1930 (2012) EN

GENERAL PART

Chapter 3
Conditions Regarding Criminal Liability

ยง 13

(1) Acts committed in self-defence are not punishable if they were necessary to resist or avert an unlawful attack that has begun or is imminent, provided that such acts do not manifestly exceed what is reasonable with regard to the danger inherent in the attack, the aggressor and the importance of the interests endangered by the attack.

(2) Any person who exceeds the limits of lawful self-defence shall not be liable to punishment if his act could reasonably be attrib-uted to the fear or excitement produced by the attack.

(3) Similar rules shall apply to acts necessary to enforce lawful orders in a lawful manner, to carry out a lawful arrest or to prevent the escape of a prisoner or a person committed to an institution.

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;