Principles of Self-Defense and Use of Force

Revision sheet excerpt

📋 Course Outline

  1. Legitimate Defense & Conditions
  2. Attack & Injustice
  3. Defense Act & Simultaneity
  4. Proportionality & Means
  5. Defense of Property & Limits
  6. Threat on Property & Interruption
  7. Police & Use of Force
  8. Presumption & Night
  9. Presumption & Day

📖 1. Legitimate Defense & Conditions

🔑 Key Concepts & Definitions

  • Légitimate Defense (Article 122-5 of the Penal Code): Legal exemption from criminal responsibility when a person repels an unjustified, current, real, proportionate, and immediate attack or threat, either against a person or property.
  • Attack (Atteinte): Violence, threat, or any action that infringes on physical integrity or property.
  • Act of Defense (Acte de défense): Immediate and proportionate reaction to counter an attack or threat.
  • Injustice (Injustifiée): Absence of legitimate reason or violation of legal rights justifying the defensive act.
  • Necessity (Nécessaire): No other means available to avoid or escape the danger.
  • Proportionality (Proportionné): The force used must be commensurate with the gravity of the attack or threat.

📝 Essential Points

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Quiz preview

1. What does the legal concept of legitimate defense primarily refer to?

2. According to the French Penal Code, what are the conditions under which legitimate defense is justified?

3. What is the primary role of attack and injustice in the context of legitimate defense?

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Flashcards preview

Legitimate Defense — conditions?

Unjustified, current, real, proportionate, immediate attack or threat.

Légitimate Defense — definition?

Legal exemption when attack is current, unjustified, proportionate.

Attack & Injustice — key?

Violence or threat lacking lawful justification.

Attack — characteristics?

Unjustified, current, and real threat or violence.

Defense Act & Simultaneity — requirement?

Reaction must occur at the same time as attack.

Act of Defense — role?

Immediate, proportionate response to an attack.

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What does the revision sheet on Principles of Self-Defense and Use of Force cover?

The revision sheet covers the essential concepts of Principles of Self-Defense and Use of Force. It is organized by topic to facilitate learning and memorization, with key definitions, explanations and summaries.

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How many questions are in the Principles of Self-Defense and Use of Force quiz?

The quiz contains 9 multiple-choice questions with detailed corrections and explanations for each answer. Ideal for testing your knowledge and identifying gaps.

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