Försvarligt självförsvar? - Begränsningar i brottsoffrets rätt till nödvärn
Sammanfattning: The right of self-defence is a justification found in chapter 24 § 1 of the Swedish Penal Code which grants a person the right to use defensive force in certain circumstances. The conditions are stated partly by the right of self-defence and partly through the rule of excessive self-defence found in chapter 24 § 6 of the Swedish Penal Code. It is up to the court to assess various factors such as the nature of the attack, the significance of the attacked subject and other relevant considerations. In cases of excessive self-defence the court must consider the type of danger, the time frame and individual characteristics of the person subject to the attack. These conditions and limitations to the right of self-defence are the results of a conflict of interest. The legislator has considered both the public interest of reducing community violence and the individual interest of defending oneself and others against attacks. This essay presents the reasoning behind the legislation and describes four cases where the accused has claimed the right of self-defence. The legislative history and said case law suggest that there are high demands on the person attacked to evaluate the situation and to estimate what degree of violence might be justified, and to be able to restrain oneself. This is the case despite the legislator’s aim to provide a wide margin for the attacked person’s reactions.
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