Can I defend myself or injure a burglar who breaks into my home?
Yes, but within narrow limits: self-defence protects your physical safety, not your property. Articles 416 and 417 of the Luxembourg Criminal Code provide that there is no crime or offence when blows, injuries or even a killing are commanded by the present necessity of defending your own person or that of another. Three conditions combine: an unjustified attack on persons, begun or imminent; a necessary and immediate response; and a reaction proportionate to the danger. Article 417 adds a presumption for a night-time break-in by forced entry or climbing into an inhabited house — but that presumption remains rebuttable. What the law does not allow: injuring a burglar who is fleeing, who threatens no one, or purely to protect the television. The myth: "in my own home I have every right over an intruder" — false; defending property alone is not self-defence, and a disproportionate response makes you prosecutable in turn.
📋 The rules
- Article 416: there is no crime or offence when a killing, blows or injuries are commanded by the present necessity of the lawful defence of oneself or of another.
- People, not property: self-defence covers the physical safety of persons; it cannot be invoked to protect a mere object or one's assets.
- Necessity, immediacy, proportionality: the response must answer an attack that is ongoing or imminent, be immediate and proportionate to the threat faced.
- Article 417: repelling by night the climbing or forced entry of an inhabited house creates a presumption of self-defence, but that presumption can be rebutted by the facts.
- A fleeing thief: striking or shooting a burglar who is running away or no longer threatens anyone is no longer covered and becomes an offence.
🔓 Exceptions
- Night-time presumption: a night break-in by forced entry into an inhabited home benefits from a presumption of danger, but contrary evidence can rebut it if there was no real threat.
- Defence of another: self-defence extends to protecting a third party in danger, for example a relative attacked before your eyes, under the same conditions of proportionality.
- Trap, provocation or revenge: an injuring device set up in advance, a provocation or a retaliatory response after the danger has passed never fall under self-defence.
⚠️ Penalties & fines
Believing you are "covered" and being wrong is very costly. If the response is judged disproportionate or aimed at an intruder who did not threaten persons, self-defence is not upheld and you become the author of an offence: intentional assault, even homicide, with penalties counted in years of prison depending on gravity. The proceedings turn against you, and your civil liability can be engaged to compensate the injured burglar or their heirs — a disconcerting but well-established reality. If you used a prohibited weapon (spray, taser, banned knife), a second offence is added to the first. Conversely, recognised self-defence erases any penalty. Everything turns on the facts: marks, the intruder's position, the timing of the blows, calls to 113 — hence the importance of alerting the police rather than acting as a vigilante.
📎 Official sources
- Legilux · Criminal Code, articles 416 and 417 (official journal) →
- Justice.lu · Justice portal (information for citizens) →
- Grand-Ducal Police · burglary prevention and victim support →
❓ Frequently asked
Can I hit a burglar I catch in my home?
You may repel an attack on your person with a response proportionate to the real threat, but not gratuitously strike someone who is not attacking you. If the intruder merely steals or takes flight, self-defence does not apply and your blows become an offence.
At night, is a break-in automatically self-defence?
Article 417 creates a presumption of self-defence when you repel by night the forced entry or climbing of an inhabited house, which puts you in a favourable position. But this presumption is rebuttable: it can be overturned if it is shown that you could not have believed in a real danger to persons.
Can I chase and injure a thief who is running away?
No, once the attacker flees the danger to persons has ended and self-defence no longer applies. Chasing them to strike them or recover the property turns you into the author of an offence, because the law does not allow you to take justice into your own hands.
Do I have the right to use a weapon to defend myself at home?
The response must stay proportionate, and using a prohibited weapon such as a spray, a taser or a banned knife is a separate offence, even in a defence situation. Using an illegal weapon can tip self-defence into aggravated assault and turn against you.
What happens if I go too far in my defence?
If the response is judged excessive relative to the threat, self-defence is not recognised and you can be prosecuted for assault, even homicide. You then risk a criminal penalty and the obligation to compensate the injured person under your civil liability.
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