Försvarshandlingar

Försvarshandlingar, in the context of Swedish law, refers to actions taken by an individual to defend themselves or others against an unlawful attack. These actions are permissible under specific conditions outlined in the Swedish Penal Code. The core principle is that a person has the right to repel an attack that is currently ongoing or imminent. The defense must be necessary and proportionate to the threat faced. This means the means used in defense should not be excessive in relation to the danger being averted.

Several key elements must be present for an action to be considered a legitimate försvarshandling. Firstly, there must be an unlawful attack. This attack can be directed against the person themselves, their property, or another person. Secondly, the defensive action must be undertaken to avert this attack. Thirdly, the defense must be deemed necessary. This implies that there was no reasonable alternative available to escape the danger. Finally, the defense must be proportionate. If the defensive response causes significantly more harm than the attack warranted, it might be considered excessive.

The application of försvarshandling principles is often determined on a case-by-case basis, taking into account all the circumstances surrounding the incident. The law aims to balance the right to self-preservation with the need to prevent unwarranted violence. It is important to note that the concept of försvarshandlingar does not grant a license for retaliation or pre-emptive strikes. The defense must be a reaction to a present or imminent threat.