hätävarjeluun

Hätävarjeluun refers to the legal concept of self-defense in Finnish law. It allows an individual to use necessary force to protect themselves or others from an unlawful attack. The key principle is proportionality; the defensive action must not be clearly excessive in relation to the danger faced.

The law distinguishes between different types of unlawful attacks. An attack can be directed against a person, their property, or other legally protected interests. Hätävarjeluun is applicable when the attack is imminent or ongoing. It is not permissible to use force in anticipation of a future attack or in retaliation for a past one.

The force used must be necessary to repel the attack. This means that if there are less harmful but equally effective means available to escape the danger, those should be chosen. However, the law recognizes that in a sudden and dangerous situation, a person may not have the luxury of carefully weighing all options.

If the force used is deemed to be clearly excessive, the act may lose its hätävarjeluun status and be considered a criminal offense. The assessment of excessiveness is made on a case-by-case basis, taking into account all circumstances of the incident, including the attacker's actions and the defender's situation. The burden of proof for establishing hätävarjeluun generally lies with the person claiming it.