Self-defence - national proceedings

Latvia

Latvia - Criminal Code 1998 (2023) EN

Section 29. Necessary Self-defence

(1) Necessary self-defence is an act which is committed in defence of the interests of the State or the public, or the rights of oneself or another person, as well as in defence of a person against assault, or threats of assault, in such a manner that harm is caused to the assailant. Criminal liability for this act applies if the limits of the necessary self-defence have been exceeded.

(2) Protective acts obviously disproportionate to the nature and danger of the assault, which were not necessary for prevention or repelling of the assault and as a result of which harm is caused to the assailant, shall be considered as exceeding the limits of the necessary self-defence.

(3) Causing harm to the assailant through negligence, while repelling an assault, shall not be criminally punishable.

(4) A person has the right to necessary self-defence, irrespective of the possibilities of avoiding the assault or turning to other persons for help.

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;