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Self-defense is a cause of penal irresponsibility which applies to crimes and misdemeanors. The criteria are well defined for there to be self-defence: the response to an attack must be necessary, proportionate and immediate.
Self-defense
defense is a cause of criminal irresponsibility which applies to crimes and misdemeanors: the perpetrator will not be prosecuted before the court or by the Assize Court, and will be released or acquitted in the event of a trial. . Most often, it is an act of violence made necessary by the obligation to defend oneself or to defend others. The prerequisite is that there is an immediate attack or aggression. For example, police forces can only use their weapon in self-defence. Self-defense is a complex situation that is assessed on a case-by-case basis.
A necessary response
For there to be self-defence, the attack must be real and current. It is not enough to feel threatened to commit an act of violence. Shooting a burglar who is fleeing is not considered self-defense.
A proportionate response
The act performed in self-defense must be proportionate to the attack. It is up to the judges to determine whether or not the defense is proportionate to the attack. The judges look at whether the attacker was armed and the nature of the injuries inflicted on him. For example, an armed response to an assailant attacking with his bare hands is not considered self-defense.
An immediate response
The response must be carried out at the same time as the attack or in immediate response to the danger. If a person goes home to get a weapon before fighting back, there will be no self-defense. This is to avoid punitive expeditions or revenge. Cabinet of Master Damy, lawyer in Nice.
