Article 28 – Self-defence
1. A person shall not be considered to have acted unlawfully if he/she commits an act provided for by this Code in self-defence, i.e. injures the wrongdoer during the unlawful infringement to protect his/her or other person’ s legally protected interests.
2. A person shall have the right to self-defence regardless of whether or not he/she is able to prevent infringement or seek assistance from another person.
3. Injuring a perpetrator for the purpose of recovering the property or other legally protected interests that have been taken away through unlawful infringement shall be considered lawful even when it has occurred immediately after the wrongdoer took possession of the legally protected interests, and if the legally protected interests could still have been immediately recovered .
4. An excessive act of self-defence shall mean an act of the person acting in self-defence that is clearly disproportionate to the character and threat of the assault.
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;