Exceeding the limits of necessary defense – a lawyer under Article 36 of the Criminal Code of Ukraine

Almost every person at least once in his life found himself in a situation where he had to protect himself or someone else from physical violence. That is, she was in a state of necessary defense. Exceeding the limits of necessary defense is regulated in Article 36 of the Criminal Code of Ukraine. "PRIKHODKO&PARTNERS" specialists protect the interests of clients according to this article.

Necessary defense: peculiarities of terminology

Actions taken in order to protect the rights and interests of a person protected by law are characterized as necessary defense. According to Article 36 of the Criminal Code of Ukraine, every person has the exclusive right to necessary defense. This does not depend on the possibility of avoiding a socially dangerous encroachment.

Among the signs of the necessary defense:

• Goal. Protection of a person's rights and interests from socially dangerous encroachment.
• Damage object. Harm to the trespasser.
• The nature of the actions of the person being defended. With the necessary defense, a person's behavior can be characterized as active. Active behavior is expressed in the physical efforts of the person defending himself (hitting, using various objects, tools, devices, etc.).
• Timeliness of defense. The actions of the person who was attacked are legal only if they were committed in the course of the assault. Once the offense is over, the required defense condition is eliminated.
• Defense proportionality. The harm caused to the trespasser must be sufficient in the circumstances and necessary.

Liability under Article 36 of the Criminal Code of Ukraine

According to the third part of Article 36 of the Criminal Code of Ukraine, exceeding the limits of necessary defense is the intentional infliction of especially severe damage on the person who encroached, which goes beyond the protection situation or the danger of the encroachment.

What responsibility is provided by the current legislation for exceeding the limits of necessary defense? Let's start with the fact that liability arises only in the event of serious bodily injury or intentional homicide (criminal liability is provided for in Articles 118 and 124 of the Criminal Code of Ukraine). In all other cases, exceeding the limits of necessary defense does not belong to the category of criminal offenses.

Important: according to the fifth part of Article 36 of the Criminal Code of Ukraine, regardless of the severity of the damage caused, this does not constitute an excess of the limits of necessary defense and has no consequences for the onset of criminal liability, except for the cases specified above.

Therefore, the current legislation provides for exceptions to the general rules regarding the protection of the rights of the person against whom the offense was committed. Among the exceptions:

1. Attack by a group of persons.
2. Attack by an armed person.
3. Violent illegal invasion of housig or other premises.

The damage caused to a person in such cases is not limited by the specified limits.

Why "PRIKHODKO&PARTNERS"?

"PRIKHODKO&PARTNERS" lawyers will be able to protect the rights of suspects under Article 36 of the Criminal Code of Ukraine - exceeding the limits of necessary defense. For this, we have the necessary practical experience.

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