Can I defend myself if I am attacked?
Yes — and the defence is not a crime. Under § 25 of the Criminal Code, an act otherwise punishable by which someone repels an imminent or continuing attack on a protected interest is not a criminal offence. There is only one boundary, but it matters: it is not self-defence where the defence was entirely manifestly disproportionate to the attack — to its manner, its place, its timing and the circumstances of the attacker and the defender alike. The words "entirely manifestly" are not accidental: the defence may be stronger than the attack; it need not be exactly matched to it. And one further protection: a person who defended themselves disproportionately but acted in strong agitation caused by the attack — in confusion, fear or fright — bears no criminal liability.
📋 The rules
- Governed by § 25 of the Criminal Code
- The attack must be imminent or continuing
- The defence is not a criminal offence
- Only manifestly disproportionate defence is punishable
- In strong agitation there is no criminal liability
🔓 Exceptions
- Defence against an attack that has already ended is not self-defence
- Proportionality is judged by the manner, place and timing of the attack
- The circumstances of the attacker and of the defender are also weighed
⚠️ Penalties & fines
Self-defence has two boundaries — and people misjudge both. The first is timing: the attack must be imminent or continuing. If it has ended and you go after the attacker, that is not defence but retaliation — and retaliation is a crime. The second is proportionality. But mind the wording of the statute: only defence that is entirely manifestly disproportionate is punishable — a gross mismatch, not any excess at all. Defence may be more forceful than the attack; otherwise it would be useless. And if you overdid it out of fear: a person acting in strong agitation caused by the attack — in confusion, fear or fright — bears no criminal liability, even where the defence was disproportionate.
📎 Official sources
- Slov-Lex · Criminal Code (§ 25) →
- Ministry of Justice of the Slovak Republic →
- Slovak Bar Association →
❓ Frequently asked
When does self-defence apply?
When you are repelling an imminent or continuing attack on an interest protected by the Criminal Code. Such an act, though otherwise punishable, is not a criminal offence — that is the substance of § 25.
Must the defence match the attack?
No. The statute says only defence that is entirely manifestly disproportionate is punishable. The defence may therefore be more forceful — otherwise it would be pointless. Only a gross mismatch is punished.
What if the attack is already over?
Then it is not self-defence but retaliation, and retaliation is a crime. The condition is that the attack is imminent or continuing. Chasing down an attacker who is already fleeing does not fall under § 25.
What if I acted out of fear?
A person who repelled an attack disproportionately but acted in strong agitation caused by it — particularly in confusion, fear or fright — bears no criminal liability. The law makes allowance for human reaction.
How is proportionality judged?
By the manner of the attack, its place and timing, and the circumstances relating to the attacker and to the defender. The whole situation is weighed, not merely a comparison of the means used.
🔎 Common searches
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