Article 32. Necessary defense of the Criminal Code of the Republic of Kazakhstan, the Criminal Code of the Republic of Kazakhstan
The necessary defense is the legitimate protection of the personality and rights of the defender and other persons, as well as the legally protected interests of society and the state from socially dangerous encroachment, including by causing harm to the encroaching person.
All persons have the right to the necessary defense equally, regardless of their professional or other special training and official position. This right belongs to a person regardless of the possibility of avoiding a socially dangerous attack or seeking help from other persons or government agencies.
It is not a criminal offense to harm an encroaching person in a state of necessary defense, that is, while protecting the person, home, property, land plot and other rights of the defender or other persons protected by law from the interests of society or the state from socially dangerous encroachment by causing harm to the encroaching person, provided that the limits of necessary defense have not been exceeded.
Exceeding the limits of necessary defense is recognized as a clear discrepancy between the protection and the nature and degree of public danger of the encroachment, as a result of which the encroaching person suffers clearly excessive harm that is not caused by the situation. Such an excess entails criminal liability only in cases of intentional harm.
It is not an excess of the limits of necessary defense to harm a person who is encroaching on human life, or when repelling another encroachment involving an armed attack or violence dangerous to the life of the defender or other persons, or with an immediate threat of such violence, or with a violent invasion of a dwelling, premises, or with arson of a dwelling, premises, and also, if the defender, due to the suddenness of the attack, could not objectively assess the degree and nature of the danger of the attack.
President
Republic of Kazakhstan
© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan
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