Section 30. Apparent Self-defence

(1) Apparent self-defence occurs when an actual assault, as referred to in Section 29 of this Law, is not taking place but a person mistakenly thinks that such an assault is taking place.

(2) In cases when the circumstances of the offence have provided a basis for assuming that an actual assault is taking place but the person who has taken the defensive measures did not know that such an assumption was mistaken, and, additionally, he or she could not have and, moreover, should not have known it, the acts of such person shall be judged as necessary self-defence.

(3) A person who has exceeded the limits of self-defence which would be permissible in the circumstances of a corresponding actual assault, is liable similarly as for exceeding the limits of necessary self-defence.

(4) A person who causes harm which corresponds to the elements of a criminal offence, to an apparent assailant, not knowing that the assault is apparent, even if in the actual circumstances he or she should have and could have known such, shall be liable for the relevant offence similarly as for one which has been committed through negligence.