The Supreme Court (SC) of Russia has broadened the boundaries of acceptable self-defense for citizens when their homes are attacked by intruders.
On Tuesday, May 31, RIA Novosti reported the results of the plenum of the country’s highest judicial instance.
The Supreme Court's decision allows a person to use self-defense even if the intruder in their home does not physically harm or threaten violence to the residents.
According to the Supreme Court, Russians also have the right to use necessary self-defense when facing a real threat, such as when the criminal threatens violence by wielding a weapon. The Supreme Court suggested that courts interpret any doubts in favor of the accused.
In February, State Duma deputies submitted a draft law to the government and the Supreme Court to amend Article 37 of the Criminal Code of the Russian Federation, granting the right to protect oneself and others from any illegal intrusion into a home or apartment using any means necessary.
The bill's authors clarified that intruders enter Russian homes not only for theft but also for more serious crimes such as murder, rape, or causing severe harm to the residents. Currently, Russians who defend themselves and their loved ones are limited by the boundaries of necessary defense, while criminals face no such limitation.
Self-defense in Russia is governed by Article 37 (“Necessary Defense”) of the Criminal Code of the Russian Federation. A defending person may face criminal liability if their actions do not correspond to the level of danger.
Exceeding the boundaries of necessary defense is punishable under Part 1 of Article 108 (“Murder committed when the limits of necessary defense are exceeded”) and Part 1 of Article 114 (“Causing serious or moderate bodily injury when exceeding the limits of necessary defense”) of the Criminal Code of the Russian Federation.
The maximum punishment for these offenses is two years or a year in prison, respectively. According to the Judicial Department under the Russian Supreme Court, 132 people were convicted under Article 108 and only two were acquitted in six months of 2021. Under article 114, 203 people were convicted with no acquittals at all.
Retired federal judge Sergei Pashin warns that allowing defenders to use any form of violence to protect a home from illegal entry carries certain risks.
“’Permissible’ self-defense can lead to the murder of a person who did not intend to commit a crime in someone else’s house or entered by accident. It is also important to accurately determine the boundaries of the dwelling, including balconies, extensions, and vehicles,” noted Pashin.
At the same time, he stressed, while the judicial practice in such cases is “not on the side of law-abiding citizens who rebuffed the attacker.”
