This article deals with legal issues. self defense, protection against encroachment on health and life as with the use of weapons, and without, the concept limit of necessary defense, in their current state in Russia. For other countries, the excerpts and wording of the laws below may not work, or overlap, or even be completely repeated, so one thing is quite true – you need to know and clearly understand how by law the concept is formed and regulated SELF DEFENSE exactly in your country.
Nevertheless, we strongly recommend that you keep this text somewhere just in case, although it is obvious that it would be better not to apply this knowledge in practice if necessary.
Self-defense, weapons and citizenship
Self-defense in Russia is shrouded in many myths – just like its attendant topic. civilian weapons. We definitely “know” that our self-defense legislation is terrible, that it is impossible to defend ourselves in Russia and everything should be changed. Each of us at least once heard such phrases:
“In America there is a weapon culture, and we all have stupid cattle …” “give them a weapon – they will shoot everyone …” “the weapon should not be allowed, otherwise all the scum in your pocket will have a gun …” “the security forces are always on the side of the criminals …” ” … their task is to put a decent citizen who was defending himself behind the bars … ”
Sometimes there are even such extremes:
“It is easier to tolerate and give everything, than to sit for self-defense …” “… I will just pass by, why should I interfere, this is not my business …” “it is their fault that they were attacked …”
These “sacred statements” are based in part on articles and interviews in the media – which, generally speaking, are aimed not at informing citizens, but at attracting their attention with the help of maximum sensationalism in their materials.
The second reason for such phrases is in ourselves. Of course, it is much easier to find the “guilty” on the side, suddenly and fortunately to find the roots of their helplessness in the system, the state, the courts, the police, the gangsters, in the shop, finally, selling donuts around the corner, generally anywhere, but not in themselves! “What can I do?“- to begin to understand the laws yourself, and take an active civil position, think differently”I can do everything I need to protect myself and my family!“
We will periodically prepare materials for a comprehensive coverage of this topic, your task is to actively participate in comments and discussions (here, under the article, or in our Facebook or Vkontakte groups), so that the truth can be born in the debate, and we can continue.
So, first we will try to understand the letter of the law, or what the Criminal Code of the Russian Federation says about self-defense, the use of weapons, the use of violence and the damage to health deliberately and through negligence, and exceeding the limit of necessary defense.
Myths about self-defense – the law and weapons
I will try to dispel some of the myths associated with self-defense and weapons, and now I will limit myself only to the legislation on self-defense. I leave no less pressing questions of law enforcement practice for the future.
I also want to make a warning. In no case do I want to say that your knowledge of the law (especially as a result of reading this article) is sufficient for an independent (without an experienced and motivated lawyer) judicial protection if you yourself, God forbid, will have to answer for the consequences of their self-defense actions. But I hope that this knowledge will at least save you and your lawyer from tearing out hair on all parts of the body in despair of what you unknowingly did or told the investigator before a lawyer comes to help you.
1. The law prohibits defending until real damage is done.
Article 37 of the Criminal Code of the Russian Federation says:
“one. It is not a crime to harm an encroaching person in a state of necessary defense, that is, while protecting a person and the rights of a defender or other persons protected by law, the interests of society or the state from socially dangerous encroachment, if this encroachment was accompanied by violence dangerous to the life of the defender or another person or with the immediate threat of such violence. ”
Simply put, it is enough to have an immediate threat of violence that is life-threatening for your actions to be legal.
What is considered “immediate threat“? Resolution of the Plenum of the Armed Forces No. 19 of September 27, 2012. talks about it like this:
“2. In part 1 of Article 37 of the Criminal Code of the Russian Federation, a socially dangerous encroachment involving violence threatening the life of a defender or another person is an act that at the time of its commission posed a real danger to the life of the defender or another person. The presence of such an offense may indicate, in particular:
– harm to health, which creates a real threat to the life of the defender or another person (for example, injuries of vital organs); – the use of a method of encroachment that creates a real threat to the life of a defender or another person (the use of weapons or objects used as weapons, strangulation, arson, etc.).
The direct threat of violence dangerous to the life of a defender or another person may be expressed, in particular, in statements about the intention to immediately cause death or damage to health, life-threatening, demonstration of weapons or objects used as weapons by the attacker to the defender or other person. devices, if given the specific situation there was reason to fear the realization of this threat. ”
[The courts are obliged to be guided by the decisions of the Plenum of the Armed Forces of the Russian Federation in their work – so that it can be safely referred to the investigator and the judge.]
In accordance with the letter of the law, you have every right to kill in the place of a person who comes at you with fittings in hand and shouting “Kill you, bitch!” – unless, of course, you are not sure that this is a joke.
2. You can only defend yourself. You can not stand up for others
If you noticed, the documents cited above all say: “defender or other person“. In no case does the law require you to stand silently and watch a stranger be killed.
3. You can defend only those with which they attack. Attacked with a knife – you can not shoot
Neither in article 37 of the Criminal Code of the Russian Federation, nor in the above-mentioned decree, there is ANY word about such restrictions.
AT Article 37 of the Criminal Code said the following:
“2. Protection against encroachment that does not involve violence, dangerous to the life of a defender or another person, or the immediate threat of such violence, is legitimate, if this does not allow exceeding the limits of necessary defense, that is, deliberate actions that are clearly not consistent with the nature and danger assault. “
Summing up with the above part of the article, we get the following:
- if there is a threat to life, you can defend yourself as you please and anything. The main thing – do not cause damage to third parties.
- if there is no threat to life, it is necessary to balance the way of protection with the danger of attack. There is no reason to clutch at a gun if a girl on heels weighing fifty kilograms rushes at you with fists. But a group of young people of a sporty appearance may well just beat you to death with just your hands and feet – therefore, the use of weapons here cannot be considered unreasonable.
4. If the knife is only one of the attackers – you can defend yourself with a knife only from him
Of Decisions of the Plenum of the Armed Forces of the Russian Federation No. 19:
“12. In the case of the encroachment of several persons, the defending person has the right to apply to any of the attackers such measures of protection, which are determined by the nature and danger of the actions of the whole group. ”
5. As soon as the attacker stopped (his knife was taken away), self-defense ceases
Do not confuse stopping the attacker with stopping the attack. The attacker could only stop to take a breath or put your vigilance to sleep for a short period of inactivity – and then suddenly rush at you. AT Resolution of the Plenum of the Supreme Court of Ukraine No. 19 said:
“eight. Explain to the courts that the state of necessary defense may take place including in cases where:
the defense immediately followed the act, even though the encroachment was complete, but based on the circumstances for the defending person, the moment of its termination was not clear and the person mistakenly believed that the encroachment continues;
the socially dangerous encroachment did not cease, and with obviousness to the defender, it was only suspended by the encroaching person in order to create the most favorable conditions for the continuation of the encroachment or for other reasons.
The transfer of a weapon or other items used as a weapon in case of encroachment from the encroaching person to the defending person cannot in itself indicate the end of the encroachment, if taking into account the intensity of the attack, the number of encroaching persons, their age, gender, physical development and other circumstances a real threat of continuing such an encroachment. “
6. Allow to carry a weapon can not. So everyone can provoke an attack, kill the attacker, and then declare self-defense
Of Decisions of the Plenum of the Armed Forces of the Russian Federation No. 19:
“9. A person who provoked an attack is not recognized to be in a state of necessary defense in order to use it as a pretext for committing unlawful acts (for causing harm to health, hooligan actions, hiding another crime, etc.). What has been done in these cases qualifies on a general basis. ”
7. You can defend yourself, but you can’t arrest a criminal
Difficult, but possible. Of Criminal Code of the Russian Federation:
“Article 39. Extreme need
1. It is not a crime to harm the interests protected by criminal law in a state of extreme necessity, that is, to eliminate the danger directly threatening the person and the rights of the person or other persons, the interests of the society or the state protected by law, if this danger could not be eliminated by other means and it did not allow exceeding the limits of extreme necessity.
2. Exceeding the limits of extreme necessity shall be deemed to cause harm that is clearly inconsistent with the nature and degree of danger and the circumstances in which the hazard was eliminated, when the said interests were injured equal or more significant than the prevented one. Such an excess entails criminal liability only in cases of intentional infliction of harm. ”
The main problem is not to cause the criminal to intentionally harm, disproportionate to the danger of a crime (see below).
8. There is currently no article on exceeding the limits of necessary defense.
There are no articles with this title. But in Criminal Code there are others:
Article 108. Murder committed when exceeding the limits of necessary defense or when exceeding the measures necessary to apprehend the person who committed the crime.
Article 114. Causing serious or moderate bodily harm if the limits of necessary defense are exceeded or if the measures necessary for apprehending a person who committed a crime are exceeded
9. If the offender then says that he only wanted to scare the self-defender will be put in prison.
AT Article 37 of the Criminal Code of the Russian Federation says directly:
“2.1. Are not exceeding the limits of the necessary defense actions of the defender, if that person because of the unexpectedness of encroachment could not objectively assess the degree and nature of the danger of attack. ”
Moreover, in Resolution of the Plenum of the Armed Forces of the Russian Federation No. 19 said the following:
“sixteen. The courts need to distinguish between the state of necessary defense and the state of imaginary defense, when there is no real socially dangerous encroachment and the person mistakenly assumes its existence.
In cases where the situation gave reason to believe that a real socially dangerous encroachment is being committed, and the person who applied the protective measures did not realize and could not be aware of the absence of such encroachment, his actions should be considered as being in a state of necessary defense. At the same time, a person who has exceeded the limits of protection permissible in the context of an appropriate real encroachment, not involving violence, life-threatening a defender or another person, or an immediate threat of such violence, shall be held liable for exceeding the limits of necessary defense. “
10. You can not defend yourself with a weapon if you do not have the right to keep it (wearing)
There is no legislative ban on this. Article 37 of the Criminal Code reads:
“3. The provisions of this article are equally applicable to all persons, regardless of their professional or other special training and official position, as well as regardless of the possibility to avoid socially dangerous encroachment or to seek help from other persons or authorities. ”
The author of the article is Aboyko
From the Editor
Dear and dear readers! As promised above, from time to time we will prepare materials for you on the legal aspects of self-defense, as well as on civil self-defense and civilian weapons. We will also give food for thought, aimed at raising civic awareness and active citizenship, as well as in one of the main areas of our site – firearms, but in terms of the so-called weapon culture, safe handling of weapons and shooting sports.
As you have rightly noted, for this purpose we are actively conducting the headings of Security and Self-Defense, we have a wide range of articles marked with Practical Shooting tags, IPSC, etc. Headings will gradually expand, new articles and reviews – everything is always at the highest level.
We are waiting for your comments and suggestions, and offer to follow the motto LastDay.Club – HOPE FOR THE BEST, PREPARING FOR THE WORST! Take an active civil position, acquire weapons, acquire the skills of safe handling of weapons and engage in practical shooting, lead an active lifestyle, and be healthy!
There is a state of Vermont in the United States. This state does not need any special permits for firearms and their carrying, hidden or open.When this state of Vermont traditionally occupies the top three safest states of the United States. It is a state with one of the lowest rates of homicide, robbery, assault and rape per capita.And yet – in the state there is a fine of $ 500 for the fact that the citizen has no weapons. People without weapons require more protection from the forces of law and order. And, accordingly, should pay more tax for this protection.
Myths about self-defense: Law and weapons