Can I defend myself against an intruder in my home?
Yes — you may defend yourself against an intruder, and the law judges defence of your own home exceptionally favourably, but it is not a right without any limits. Under Article 28 of the Criminal Code everyone has the right to necessary defence — to defend yourself, another person, property, the inviolability of the home and other rights, regardless of whether you could have fled or sought help. You may defend yourself with any proportionate means — physical force, a gas spray, a stun gun or even a weapon. The limits are exceeded only when a defender intentionally kills or gravely injures with a defence clearly out of proportion to the danger of the attack. The key point people miss: exceeding the limits is not punished if it happened out of great confusion or fright caused by the dangerous attack, or while repelling an intrusion into the home. So the myth "you may always shoot an intruder" is as wrong as the myth that you must flee first.
📋 The rules
- The right to defend applies regardless of whether you could have fled or called for help (Art. 28)
- You may defend yourself, another person, property and the inviolability of the home
- Proportionate force is allowed — physical force, gas spray, stun gun or a weapon
- Exceeding the limits — intentional killing or grave injury clearly out of proportion to the attack
- Exceeding is not punished if due to fright or while repelling an intrusion into the home
🔓 Exceptions
- Provocation or revenge is not defence — once the danger has passed, further acts are an attack
- If limits are exceeded without fright or an intrusion, liability follows, but the punishment may be mitigated (Art. 62)
- So-called putative defence (where there was no real danger) is assessed under separate rules
⚠️ Penalties & fines
The essence is to stay within the limits of defence; within them, no liability arises. If a person defended themselves without exceeding the limits of necessary defence, they bear no criminal or civil liability, even if they formally harmed the attacker. The limits are exceeded only by intentionally killing or gravely impairing health with a defence clearly out of proportion to the nature and danger of the attack — then criminal liability arises for the excess itself, but the punishment may be mitigated under Article 62 of the Criminal Code. What people miss: the law separately provides that exceeding the limits is not punished if it arose from great confusion or fright or while repelling an intrusion into the home — which is why home defence is judged most favourably. Still, the threat must be real and ongoing: once you have dealt with an intruder who is already neutralised or fleeing, the acts stop being defence and can become a separate crime.
📎 Official sources
- e-seimas · Criminal Code, Art. 28 (necessary defence) →
- e-tar · Criminal Code, consolidated version →
- Courts of Lithuania · case law on necessary defence →
❓ Frequently asked
Do I have to flee from an attacker first?
No, the right to necessary defence applies regardless of whether you had a chance to flee or to seek help from other persons or institutions. The law does not require you to retreat first — you may defend yourself at once, as soon as the attack is real and dangerous.
Can I kill or gravely injure an intruder?
Defence must be with proportionate force, so intentionally killing or gravely injuring where it is clearly out of proportion to the threat counts as exceeding the limits. Even so, while repelling an intrusion into the home or out of great fright, such excess is not punished.
What does exceeding the limits of defence mean?
It is defence that intentionally kills or gravely impairs health, although the defence itself clearly does not match the nature and danger of the attack. Once the limits are exceeded criminal liability arises, though the punishment may be mitigated under Article 62 of the Criminal Code.
May I defend my family or property?
Yes, necessary defence allows you to protect not only yourself but also another person, property and the inviolability of the home. What matters is that the means and intensity of the defence match the real threat and that you are defending against an ongoing attack.
May I use a gas spray or stun gun in self-defence?
Yes, the law does not restrict the means of defence — physical force, a gas spray, a contact stun gun or even a weapon are allowed if the force is proportionate. The device may be used only for defence, not for revenge once the threat has already passed.
🔎 Common searches
What people search to land here:
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