försvarshandlingen

Försvarshandlingen, a Swedish term, translates to "defense action" or "act of defense." It is a legal concept within Swedish law that addresses the justification for using force to protect oneself or others from an unlawful attack. This principle is enshrined in the Swedish Penal Code (Brottsbalken).

The core of Försvarshandlingen lies in the idea of necessity. The force used must be a necessary response to an ongoing or imminent unlawful aggression. The action taken should not exceed what is reasonably required to repel the attack. This means that if the threat ceases, the right to use defensive force also ends.

Several factors are considered when assessing whether a Försvarshandling is justified. These include the nature and severity of the attack, the means available to the defender, and the proportionality of the defensive force used. Excessive or unreasonable force, even in response to an attack, can lead to criminal liability. The law also considers the subjective perception of the defender; if they reasonably believed they were under attack and acted accordingly, their actions may still be deemed lawful even if the perceived threat was not objectively real.

Försvarshandlingen is not a license to retaliate or to use force for retribution. It is strictly limited to the purpose of warding off an unlawful act. The burden of proof often lies with the prosecution to demonstrate that the actions taken did not constitute a justified Försvarshandling. This legal principle aims to balance the right to self-preservation with the state's monopoly on the legitimate use of force.