What may I do to a burglar who breaks into my home?
You may repel a burglar and defend yourself, but only within the limits of self-defence: the defence must be necessary and proportionate, and protecting property alone does not justify everything. Under Article 22 of the Criminal Code (KZ-1), self-defence is defence that is necessarily needed to ward off from yourself or another a simultaneous unlawful attack. An act committed in self-defence is not unlawful – it is not a crime. What is decisive is the simultaneity of the attack and proportionality: you may defend yourself while the attack lasts, and the means of defence must match the danger. The myth that 'if someone breaks into my place I can do anything to them' does not hold – against a burglar who is fleeing or incapacitated there is no longer an attack, and further violence is not self-defence. Likewise, mere defence of property does not justify serious bodily harm or death where life or limb is not at risk. Anyone who exceeds the limits of self-defence may be punished more leniently, and where the excess is due to strong agitation or fear caused by the attack, the court may remit the penalty.
📋 The rules
- Self-defence is defence that is necessarily needed to ward off from yourself or another a simultaneous unlawful attack; an act in self-defence is not unlawful.
- The attack must be simultaneous – you may defend yourself only while it lasts; against a burglar who is fleeing or incapacitated there is no longer an attack.
- The defence must be proportionate: the means and intensity of defence must match the danger of the attack.
- Mere defence of property does not justify serious bodily harm or death where a person's life or limb is not at risk.
- Anyone who exceeds the limits of self-defence may be punished more leniently; where the excess is due to strong agitation or fear caused by the attack, the court may remit the penalty.
🔓 Exceptions
- Self-defence also covers the defence of another person, not only yourself; helping someone under attack is permissible under the same conditions of necessity and proportionality.
- Necessity (Article 32 of KZ-1) is different: it is the averting of a simultaneous danger you did not cause yourself, where the harm caused must not be greater than the harm threatened.
- Using a weapon or tool in self-defence (pepper spray, a stun gun) is not unlawful, as long as it is necessary and proportionate; excessive use is punishable.
⚠️ Penalties & fines
Self-defence relieves the actor – an act within the limits of necessary defence is not a crime. The risk arises when you exceed the defence. If you injure or kill a burglar who is already fleeing or incapacitated, there is no longer an attack, and it is not self-defence but bodily harm, grievous bodily harm or even manslaughter or murder, though the penalty for exceeding self-defence may be lighter. The court assesses the simultaneity of the attack and the proportionality of the defence in each case. Besides criminal liability, you risk a damages claim from the injured person or their family, lengthy criminal proceedings and detention. If you use a prohibited weapon in your defence (e.g. a dart-firing taser or a prohibited cold weapon), you are also liable for the unlawful weapon under Article 307 of KZ-1. Conversely, strict observance of the limits of self-defence protects you from prosecution, so it matters that you defend yourself only while the attack lasts, and only as far as is necessary.
📎 Official sources
- PISRS · register of legislation (Criminal Code, KZ-1, Article 22 self-defence) →
- PISRS · Criminal Code (KZ-1, Article 32 necessity) →
- sodnapraksa.si · case law on self-defence →
❓ Frequently asked
May I beat up or shoot a burglar?
You may defend yourself only within the limits of self-defence, that is necessarily and proportionately, while the attack lasts. Serious force or a lethal act is justified only where life or limb is at risk, not merely to protect property, otherwise it is exceeding self-defence.
What does it mean that the attack must be simultaneous?
Simultaneity means you may defend yourself only while the attack is actually happening or directly imminent. Once the burglar flees or is already incapacitated, there is no longer an attack, so further violence is not self-defence but a separate criminal offence.
What is exceeding self-defence?
It means the defence was no longer necessary or proportionate, for example excessive violence against an incapacitated attacker. The actor may be punished more leniently, and if the limit was exceeded due to strong agitation or fear caused by the attack, the court may remit the penalty.
May I defend a neighbour or a family member?
Yes, self-defence also covers the defence of another person under the same conditions as defending yourself. Helping someone under attack is permissible as long as it is necessary and proportionate to a simultaneous unlawful attack.
May I use pepper spray or a stun gun to defend my home?
Using permitted tools such as pepper spray or a contact stun gun in self-defence is not unlawful, as long as it is necessary and proportionate. Using a prohibited weapon or defending excessively is punishable, so the response must be tied to the actual attack.
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