hätävarjelu

Hätävarjelu, often translated as self-defense or necessity defense, is a legal concept recognized in many jurisdictions that permits an individual to use a certain level of force to protect themselves or others from imminent harm. The core principle is that the law allows for actions that would otherwise be illegal if they are taken out of necessity to prevent a greater harm.

The specific conditions and limitations of hätävarjelu vary by legal system, but generally require that the threat be unlawful and immediate. The force used in response must also be proportionate to the threat faced. This means that the defensive action should not be excessive; for instance, using lethal force to repel a minor assault would likely not be considered hätävarjelu.

The burden of proof often lies with the prosecution to demonstrate that the actions taken were not justified by hätävarjelu, although in some systems the defense may need to establish the conditions for its application. The concept aims to strike a balance between protecting individuals from harm and upholding the rule of law by preventing unjustified violence. It acknowledges that in certain extreme circumstances, individuals may be compelled to act in ways that are otherwise prohibited to ensure their survival or the safety of others. The application of hätävarjelu is a factual determination made by courts, considering all the circumstances of a given situation.