Self-Defence is a means of defence which is spontaneously used by many clients charged with a bodily offence. Therefore, it is up to the criminal lawyer to determine if and how this means can be pleaded in a trial
There are several forms of legitimate defence, that is self-defence, defence of another person or of property. There is a clear definition of legitimate defence in Sections 34 and 35 of the Criminal Code. It is important to refer to the description provided in these sections when assessing a specific case.
In the Criminal Code, the legislators applied a very simple, universal criterion that makes up the basis of this defence: the reasonable and proportionate character of the amount of forced used. The magistrate shall therefore review whether or not the belief of the defendants that they were being attacked is reasonable, given the circumstances, and if the defendants used a reasonable degree of force to defend themselves. The bottom line is that it is a matter of common sense.
In order to be acquitted of a criminal offence for reasons of legitimate defence, all the defendants need to do is to raise reasonable doubt in the mind of the Judge that they were really in a situation of legitimate defence.
Click here for examples of self-defence cases pleaded by criminal lawyers of our firm.
Any person believing they could benefit from such a means of defence should consult a lawyer.
