försvarsrätt

Försvarsrätt is a legal concept originating from Swedish law that refers to the right of a person to use force in self-defense. This right is codified in the Swedish Penal Code and applies when an individual is subjected to an unlawful attack or threat of attack. The force used must be justifiable, meaning it cannot be excessive in relation to the danger faced. The law aims to balance the right to personal safety with the prohibition against violence.

The principle of försvarsrätt allows for both physical resistance and the use of weapons, provided that the circumstances warrant such action. For the defense to be considered lawful, several conditions must be met. Firstly, there must be an actual or imminent unlawful attack. Secondly, the defensive act must be necessary to avert this attack. Thirdly, the force used must not exceed what is reasonable given the nature of the attack and the circumstances. If the defense is deemed excessive, the individual may still be held liable, though potentially with a reduced penalty.

Försvarsrätt is often distinguished from nöd, which is the right to take action that would otherwise be illegal to prevent a greater harm. While both concepts involve justifying actions that would normally be prohibited, försvarsrätt specifically addresses situations of personal attack. The application of försvarsrätt is a factual determination made by courts, considering all aspects of the incident. It is a fundamental principle in Swedish criminal law, upholding the right of individuals to protect themselves from harm.