Itsepuolustusperusteena

Itsepuolustusperusteena refers to a legal justification under Finnish criminal law by which an act of force or other intervention is not punishable because it is performed in self-defense. The concept covers actions taken to protect oneself or others from an unjust and immediate threat.

The core criteria are that the threat is unlawful, imminent or ongoing, and that the actor uses only the amount of force necessary to repel the aggression. Proportionality is central: the response must correspond to the severity and nature of the threat. The defender must have no viable alternative to stop the attack, and the act should not be aimed at minor provocations or retaliatory purposes beyond what is necessary to prevent harm. In certain cases, defending another person or safeguarding property may also be encompassed if required to prevent an unlawful aggression.

Self-defense is not a license to commit crimes without constraint. If the force used exceeds what was necessary or if the defender provoked the attack, the justification can fail or shift toward liability for excess or other offenses. Courts assess the total circumstances, including the physical reality of the confrontation, any available warnings, and the defender’s perception of danger.

In practice, itsepuolustusperusteena is invoked to explain why conduct that would otherwise be illegal is excused because it served to avert an immediate threat. It is balanced against other legal principles, such as the protection of life and bodily integrity, and is evaluated case by case in judicial proceedings.