enesekaitse

Enesekaitse, or self-defense, refers to the actions taken to protect oneself or others from imminent, unlawful violence or danger. It involves using force only to prevent harm and is limited by legal and ethical rules. The aim is to stop a threat, not to punish an attacker.

In Estonian law, enesekaitse is a legal justification in criminal proceedings. The use of force must be necessary and proportionate to the threat, and there must be an immediate danger with no reasonable alternatives to avoid harm. The defender’s intention should be to prevent harm, not to retaliate. Self-defense of others is also recognized, under the same conditions. Excessive or premeditated action can lead to criminal liability.

The scope of self-defense generally covers threats to life, health, or serious bodily harm. Defending property or preventing non-violent offenses alone is typically more restricted and does not automatically justify the use of force. The assessment of each case considers the immediacy of the threat, the proportionality of the response, and whether the defender provoked the incident.

Practical aspects emphasize non-violent de-escalation, escape, and seeking help from authorities whenever possible. Self-defense training often focuses on situational awareness, avoidance, and the controlled use of force as a last resort. Legal outcomes depend on the specifics of each situation, including how well the force used matched the threat.