Exceeding the limits of legitimate defense is subject to criminal prosecution?
(Baonghean.vn) - Ms. Nguyen Thi Hang in Dien Chau district asked: What is legitimate self-defense and what is exceeding the limits of legitimate self-defense? Will one be prosecuted for exceeding the limits of legitimate self-defense?
Reply:
- Clause 1, Article 22 of the 2015 Penal Code (amended and supplemented in 2017) stipulates:“Legitimate defense is the act of a person who, in order to protect his or her own legitimate rights or interests, those of others, or the interests of the State, an agency, or organization, necessarily fights back against a person who is infringing upon the above-mentioned interests.Self-defense is not a crime.".
- Clause 2, Article 22 of the 2015 Penal Code (amended and supplemented in 2017) stipulates:“Exceeding the limits of legitimate defense is an act of resistance that is clearly excessive and inconsistent with the nature and level of danger to society of the act of infringement.A person whose behavior exceeds the limits of legitimate defense shall bear criminal responsibility according to the provisions of this Code.".
Thus, anyone who acts beyond legitimate defense can still be prosecuted criminally. The level of criminal responsibility will correspond to the level of violation and the consequences caused by the person who acts beyond legitimate defense.
However, Point c, Clause 1, Article 51 of the Penal Code also stipulates that a criminal who exceeds the limits of legitimate defense will be considered a mitigating circumstance when prosecuting criminal liability.
