June 6, 2023

In certain types of offences listed in this provision, subject to the limitations set forth in the preceding provision, the law permits a person who has a justifiable fear for his or her life or for bodily harm that could cause great suffering to cause the assailant’s death either when the physical assault is being carried out or upon direct threat.

However, the imminent danger must be genuine, not fictitious, and assault must not be demanded; in other words, the violence must be in proportion to be greater than what is and in proportion with the nature of the act it is designed to counter, and what is done in additional must not be shielded.

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