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+40 (0)727 578 241
Fax: +40 (0)256 386 049
office@defence-school.ro
Time: Tue – Sun, 15:00 - 20:00

Legitima Aparare
Legislation in force - Article 44 of the Criminal Code,
Law no 169 of April 10, 2002
SELF-DEFENCE

Article 44 of the Criminal Code:

“It shall not constitute a criminal offence the action took by a defendant in a situation of self-defence. Self-defence is justified when a person accused of assaulting or murdering someone took these actions in order to protect herself against physical, direct, immanent and unjust attack against herself, another person or against a community, and which could have seriously endangered herself, another person or the community. Self-defence is also justified in situations in which a person in extreme fear exceeds the degree of violence proportionate to the threat faced.”

Law no 169 of April 10, 2002, amending and supplementing the Criminal Code and Criminal Procedure Code, states with regard to self-defence legislation:

“No one shall be held guilty of any criminal offence on account of any act committed against a person who trespassed into his house, room or outhouse.”

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WHEN CAN A PERSON SAY SHE WAS ATTACKED?
  • A person claiming self-defence must have been physically attacked by another person (physical action took against verbal or written attack will not be considered as self-defence)
  • If the attack was direct (between the victim and the aggressor there were no other objects)
  • If the attack was imminent and unjust imediat si injust
  • When the attack was directed against herself, her rights or against a public interest and could have seriously endangered social values (force used disproportionately to the attack is not self-defence)
WHEN IS SELF-DEFENCE JUSTIFIED?
  • If somebody attacks you first
  • If self-defence is directed against an aggressor
  • When it is necessary in order to remove the attack
  • When you don’t use more force than is reasonably necessary to avoid further injury
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