Publication: Magyar Közlöny
Issue: MK-2007-147 (Year: 2007, Number: 147)
Era: 2004-2010
Section: 
Paragraph Index: 89

1. Self defence: Luxembourg police officers – and hence also the police officers of other Parties operating on the Luxembourg territory within the framework of the Treaty – are in principle submitted to the general rules of self defence on the basis of articles 416 and 417 of the Penal Code, providing that homicide or assault committed in legitimate self defence may not be regarded as a crime or as an offence. Self defence may be practiced not only against firearms, but against all kinds of physical violence. 2007/147/II. szám In order to be accepted as self defence, the following conditions have to be fulfilled: 1) The assault must be illegal. There is no self defence against legal and justified assault. For instance, it is not allowed to use violence against legal police actions. 2) Self defence must occur at the same time as the assault. Self-defence must begin at the latest when the assault is still ongoing; any act of defence started after the assault has ceased is not considered as self defence. Hence, all acts like physical violence against an offender who is fleeing or vengeance is outside the scope of self defence. 3) Self-defence must be necessary and proportional. Acts going beyond the necessary limits to avoid an assault causing the risk of death or physical injuries may become by itself an assault. The consequences of the use of a weapon must always be taken into account. For instance, hitting someone’s head with a claw may be as lethal as a gunshot. If you are not in a position to defend yourself in another way and if you are in danger of life, the use of a firearm is then justified. As far as proportionality is concerned, it has to be stressed that an act of defence being more violent than the assault may also become an assault itself. On the other hand, the victim must not necessarily be in danger of life; running a real and grave risk of being injured or wounded is sufficient. 4) The assault must consist in physical violence. All kinds of insults or verbal attacks are not regarded as assault justifying self defence. 5) Self defence has, in principle, to be used in case of an assault against human beings. The fact of defending a third person against an assault is also considered as self defence if all the other conditions are fulfilled. Moreover, self defence in order to protect goods is in theory accepted but the condition of proportionality is in that case difficult to fulfil. Injuring or even killing a person as defence against a theft for example is in principle never considered as self defence. Beside the situation of self defence as such, there are two cases which may be regarded as legitimate self-defence:

Source: https://magyarkozlony.hu/hivatalos-lapok/71af3e8e7bfe6152ccbeed7866689568011b12ee/dokumentumok/7cdcb15e2f95425a0ab307ff955c4e3b437fa08c/letoltes