Art Culture Sport

LEGITIMATE DEFENSE - LEGAL FRAMEWORK

Use of defensive gestures acquired during lessons

Anyone practicing a martial art may have to use gestures seen in lessons to get out of a situation of aggression, this is what we call self-defense.

However, the law strictly regulates the use of self-defense, whether one is a martial artist or not.

In addition to this, you need to know more about it.

Definition

Self-defense is the legal authorization to put an end to aggression against oneself or against others by means in other prohibited cases. This concept applies to individuals as well as to States.

In addition to this, you need to know more about it.

In France, to act within the framework of the self-defense of people, aggression against oneself or others must be:

- current: the danger is imminent

- illegal: aggression is prohibited

- real: the aggression must not be putative (the legal nature of which cannot be called into question, it is not only a matter of good faith)

In addition to this, you need to know more about it.

A retaliation against a law enforcement officer is illegal and cannot be justified by self-defense

In addition to this, you need to know more about it.

At the same time, the defense must be:

- necessary: ​​there is no other way to escape danger

- concomitant: the reaction must be immediate, for example, one cannot act out of revenge or to stop the fleeing aggressor

- proportionate to the aggression: there must be no excess in the response.

Self-defense also applies to damage to property. The conditions of application are the same, with the exception of intentional homicide which is in no way legitimized in the defense of property.

If concerning the defense of individuals, the law has a presumption of proportionality in favor of the victim of the aggression, it is up to the person requesting the benefit of the legitimate defense of property to prove that his response was well measured against to aggression.

Self-defense can only be accepted in matters of damage to property when the purpose of the act committed is to interrupt the execution of a crime or an offense.

In addition to this, you need to know more about it.

In all cases, it is justice that confirms whether or not an act falls within self-defense, even if the accused person declares to have acted within this framework.

In addition to this, you need to know more about it.

Article 122-5 of the penal code

The person who, in the face of an unjustified attack on himself or others, performs, at the same time, an act ordered by the necessity of self-defense of himself or of others, is not criminally liable, except for 'there is a disproportion between the means of defense employed and the seriousness of the infringement.
The person who, in order to interrupt the execution of a crime or an offense against property, performs an act of defense, other than intentional homicide, when this act is strictly necessary for the aim pursued, is not criminally liable. provided that the means employed are proportionate to the gravity of the offense.

In addition to this, you need to know more about it.

Article 122-6 of the penal code

Whoever performs the act is presumed to have acted in self-defense:
1 ° To repel, at night, the entry by break-in, violence or ruse into an inhabited place.
2 ° To defend oneself against the perpetrators of theft or pillaging carried out with violence.

In addition to this, you need to know more about it.

Article 122-7 of the penal code

The person who, faced with a current or imminent danger which threatens himself, others or property, performs an act necessary to protect the person or property, is not criminally liable, unless there is a disproportion between the means employed and the seriousness of the threat.

In addition to this, you need to know more about it.

In addition to this, you need to know more about it.