How self-defense in accordance with the law?

In our lives, we will encounter many cases where we have to defend ourselves from infringing upon the body and health of others. So when encountering such cases, we must protect ourselves in order to be considered lawful.

How is self-defense?

A legitimate self-defense or self-defense means an act of a person who defends his or her legitimate rights or interests, other people's interests or the interests of the State, agencies or organizations, which necessarily defends against the person infringing on the aforementioned benefits.

This is the definition provided in Article 22 of the 2015 Penal Code amended and supplemented in 2017.

Also under the provisions of Article 22 above, legitimate defense is not considered a crime and legitimate defenders shall not be penalized for their acts of self-defense.

However, not all counter-acts are considered legitimate defense and are not subject to criminal liability.

How self-defense in accordance with the law? (Illustration)
Cases considered legal self-defense

In fact, it is not always possible to control one's own counter-behavior. Therefore, it is easy to lead to unfortunate consequences and end up with criminal responsibility.

Under the provisions of Articles 23, 24, 25, and 26 of the 2015 Penal Code amended and supplemented in 2017, cases considered as legitimate defense and not subject to criminal liability include:

- Because we want to avoid causing damage to our legitimate rights and interests, other people's interests or the interests of the State, agencies or organizations, but we have no other way but to cause a loss smaller than the necessary damage. prevent

- In order to arrest an offender without any other option, it is compulsory to use force to cause damage to the arrestee

- While carrying out research, testing and application of new scientific, technical and technological advances, although they have strictly complied with the processes, regulations and fully applied preventive measures, they still cause damage. Inevitable harm

- While executing orders of commanders or superiors in the people's armed forces to perform national defense and security tasks, if they have fully implemented the process of reporting the commanders but the issuers the order still requires obeying that order, causing damage

In addition, the cases causing damage beyond the necessary level, the person causing the damage is still criminally responsible for their acts.