What is self-defense?

Verified 05 June 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister), Ministry of Justice

Self-defense is the authorization given by law from defend yourself, of protect someone or property, during an attack.

The means used in this defense are prohibited in another situation. It is the judiciary that checks whether the response used to defend itself is a case of self-defense.

For self-defense to exist, 5 conditions The following must be combined:

  • The attack must be unjustified, i.e. without good cause
  • The defense must be made for oneself or for another person
  • The defense must be immediate, that is to say that the act of defense must take place in the time of the aggression
  • The defense must be necessary for its protection, that is to say that the only solution is the response
  • The defense must be proportional, i.e. equal to the severity of the attack.

In the case of a attack on property, the defense must be strictly proportional. Self-defense of property can never justify intentional homicide, that is, the death of a person.

FYI  

Self-defense concerns all parties : author, co-author and accomplice.

Tableau - Self-defense: examples of situations judged by the courts

Scenario

Self-defense?

A gendarme uses his weapon to protect his colleague in danger of death

Yes

To free their loved one from a hostile group, a person throws a bottle and hits one of their members in the head

Yes

A person stabs after being insulted and without being a victim of violence

No

A person punches a policeman during his arrest

No

A person shoots a 1er shot in the air then a 2e towards the feet of 4 attackers armed with projectiles

Yes

It is up to the person who invokes the state of self-defense of report the evidence.

Nevertheless, self-defense is presumed existing in the following cases

  • At night, in an inhabited place, a person pushes away another person entered by burglary, violence or cunning
  • A person fights against the theft or looting done with violence.

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