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Egypt > Criminal law

Contents 1 (1) Significance of self-defense: 2 (2) Conditions of self-defense: 2.1 (2.1) The attack: 2.2 (2.2) Self-defense to protect any type of legal right: 2.3 (2.3) Self-defense against an imminent وشيك attack: 2.4 (2.4) The attack must be unlawful: 2.5 (2.5) The standard of proportionality معيار التناسب: 2.6 (2.6) The possibility of escape: 3 (3) Self-defense against official acts: 4 (4) Mistake of self-defense: 5 (5) Exceeding the limits of self-defense:

(1) Significance of self-defense:

It is a natural principle that one who is attacked has a right to defend himself, even to the extent of harming the aggressor. The act of self-defense is not only unpunishable, but also lawful, i.e. it does not constitute a violation of law, either criminal or tortuous.

(2) Conditions of self-defense:

(2.1) The attack:

The common type of self-defense is Self-defense against attack upon a person.

(2.2) Self-defense to protect any type of legal right:

• A person has the right of self-defense not only to protect his person, but also to protect his property, his honor and his other legal rights.
• Law does not distinguish between an attack on the defender or on a third party الغير. If I witness an assault, I have the same right as the offended party himself.
• attack presupposes an active violation of interests; however, it may form an act or omission الاعتداء يمكن يتمثل في القيام بعمل أو الامتناع عن عمل. So self-defense may be employed against an unlawful omission.
• The mere violation of a police regulation will not be considered an attack which provides the proper self-defense.

Attacks from animals:

• It is generally understood, that there is no right of self-defense against an attack by an animal, unless the animal is used as a tool by some human being. This is because, the law is written for people, and not for animals.
• If I have to kill my neighbor's German police dog in order to prevent my small Pekinese كلب بكيني from being harmed, this would be punishable, unless the latter was a much more valuable animal than the former.
• Article 45 of penal code analogically, making the defensive act legal at least in all cases where the value which is saved is as greater as/or greater than the harm inflicted on the attacking animal.

(2.3) Self-defense against an imminent وشيك attack:

The law does not require that the attack should have begun. Or that it is future attack. An imminent attack will suffice.

(2.4) The attack must be unlawful:

• A condition for the right of self-defense is that the attack is unlawful (illegal). It must be a punishable act.
• With special ground that makes the attack legal, such as emergency and official acts of authorities, the assaulted person must accept the attack and has no right of self-defense.

(2.5) The standard of proportionality معيار التناسب:

• The act of self-defense must not go further than is necessary to prevent the attack. This applies to both the degree of force used, and the time when it is used.
• The assaulted المدافع/ أو المهجوم عليه cannot shoot the assailant/aggressor المهاجم أو المعتدي in the heart if a shot in the leg would suffice to make him harmless. And it is not self-defense, if I gave him a good beating علقة ساخنة after I prevent the attack.
• The defensive act is permissible provided طالما أو مادام it does not exceed what is necessary.

(2.6) The possibility of escape:

• The fact that the victim can avoid the attack by fleeing does not in itself preclude يحول دون/أو ينحي جانبا the right to self-defense. Fleeing is the opposite of self-defense, and nobody is required to behave cowardly. But on the other hand, here as elsewhere, we cannot disregard the possibilities of escape.

(3) Self-defense against official acts:

• Article 248 of penal code gives the person under arrest the right of self-defense provided that he thinks on a reasonable ground that the civil servant will inflict serious injury on him.
• The right of self-defense under 248 also applies to illegal official acts by public authorities. Here, the act of self-defense will generally take the form of violence toward a civil servant or the prevention of the performance of his duties.
• This type of self-defense creates its own problems, and it would lead to dangerous consequences عواقب وخيمة.

(4) Mistake of self-defense:

• A person may make a mistake about the actual situation.
• He may wrongly believe that he is being attacked or misjudge the degree of danger.
• He may also intend to render the attacker, but kills him instead.
• If he has show carelessness in his evaluation of the situation, punishment for negligence can be applied.
• If he kills the aggressor in such a situation, he can be punished for negligent homicide penal code.

(5) Exceeding the limits of self-defense:

• This is a rule which applies to cases where the victim inflicts on his attacker a greater suffering than necessary or proper, but hardly has any application to an excess with respect to time, such as where the victim has hit the attacker so that he falls to the ground , and then, starts to kick the fallen aggressor.
• The rule gives the attacked another margin in addition to the one given by the law. But the provision promises only impunity, it does not make the excess legal.
• An excessive act of self-defense which is not due to emotion or fear can lead to a decrease in punishment.