autorikaitses

Autorikaitses refers to the legal concept of self-defense in Estonian law. It is codified within the Penal Code and outlines the circumstances under which an individual is permitted to use force to protect themselves or others from an unlawful attack. The core principle is that the defensive action must be necessary and proportionate to the threat faced.

For a defense to be considered lawful, it must meet specific criteria. Firstly, there must be an ongoing or imminent unlawful attack. This means the threat must be real and not merely a hypothetical danger. Secondly, the defense must be necessary, implying that there were no reasonable alternatives available to avoid the attack, such as escaping or seeking help. Finally, the defense must be proportionate to the danger. This means the force used should not be excessive compared to the harm threatened by the attacker.

Estonian law recognizes that individuals have a right to defend themselves, even if this involves causing harm to the attacker. However, excessive force that goes beyond what is reasonably necessary can lead to criminal liability. The law aims to strike a balance between the right to self-preservation and the protection of others from harm. Determinations of whether an act constituted lawful autorikaitses are made on a case-by-case basis by the courts, taking into account all the specific circumstances of the incident.