Self-defense (Switzerland)
Self-defense represents a justification. It consists in the authorization to intervene in the legal interests of the attacker in order to ward off an unlawful attack . If the person entitled exceeds the limits of self-defense, one speaks of an excess of emergency defense.
Self-defense
In Switzerland justifying self-defense is regulated in Art. 15 StGB . If someone is attacked illegally or threatened with an attack immediately , it is permissible to ward off the attack in a manner appropriate to the circumstances . The act of the defender is therefore justified if it is proportionate.
Emergency excess
An excess of emergency defense occurs when the defender exceeds the limits of self-defense. The punishment is lessened in the case of excess of emergency defense (Art. 16 Para. 1 StGB). However, if the defender exceeds self-defense in excusable excitement or dismay at the attack , he remains unpunished (Art. 16 Para. 2 StGB).
Emergency
The justifying emergency is to be distinguished from self-defense. A state of emergency is not about defending a legal interest against unlawful attacks, but rather about rescuing a legal interest from imminent danger. The state of emergency must therefore meet much stricter requirements than self-defense. If the requirements are only partially met, the punishment will be reduced (Art. 18 Para. 1 StGB; emergency excess). If the perpetrator could not be expected to disclose the endangered property, he remains unpunished (Art. 18 Para. 2 StGB).
Individual evidence
- ↑ Stefan Trechsel, Peter Noll, Mark Pieth: Swiss Criminal Law General Part I . 7th edition. Zurich / Basel / Geneva 2017, ISBN 978-3-7255-6594-8 , pp. 114 f .
