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Article 37: Necessary defence

📅 Updated: 01.10.2026

1. It is not an offence to harm an intruder in the necessary defence, i.e. in the protection of the person and the rights of the defence or other persons protected by law in the interests of society. or the State against a socially dangerous attack if the attack involves violence that threatens the life of the defending or other person, or an imminent threat of use 2. Protection against an assault that does not involve violence that endangers the life of a defence person or another person, or the imminent threat of such violence is a right 2.1 Does not exceed the limits of the necessary defence, i.e. intentional acts manifestly inconsistent with the nature and danger of the attack. The limits of the necessary defence of the act of the defence person if the person was unable to objectively assess the degree and nature of the risk of attack due to surprise of the attack. The articles apply equally to all persons, regardless of their professional or other special training and position, and regardless of the possibility of avoiding social exclusion. to seek assistance from other persons or authorities.