What is self-defense?
Verified 27 September 2023 - Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice
Self-defense is the authorization given by law, of defend themselves, of protect someone or property, during an attack.
The means used in this defense are prohibited in another situation. It is the judiciary that checks whether the response, used to defend itself, is a case of self-defense.
The means used in this defense are prohibited in another situation. It is the judiciary that checks whether the response, used to defend itself, is a case of self-defense.
For self-defense to exist, the 5 conditions the following must be present:
- The attack must be unjustified, i.e. without good cause
- The defense has to be made for oneself or another person
- The defense must be immediate
- The defense must be necessary for its protectionThat is, the only solution is the response
- The defense must be proportional, which is equal to the severity of the attack.
In the case of an attack on property, the defense must be strictly proportional. The self-defense of property can never justify intentional killing, that is, the death of a person.
FYI
Self-defense involves all parties : author, co-author and accomplice.
Scenario | Self-defense? |
|---|---|
Gendarme uses his weapon to protect his colleague in mortal danger | Yes |
To free a loved one from a hostile group, a person throws a bottle and hits one of his members in the head | Yes |
A person is stabbed after being insulted and without being subjected to violence | No |
One person punches a police officer during arrest | No |
A person shoots a 1er shot in the air then a 2e in the direction of the feet of 4 attackers armed with projectiles | Yes |
It is up to the person who invokes self-defense to adduce evidence.
Nevertheless, self-defense is presumed existing in the following cases:
- At night, in an inhabited place, a person pushes a person back from entering by break-in, violence or ruse
- A person struggles against theft or looting done with violence
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Definition of self-defense (articles 122-5 and 122-6 of the penal code)
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