Italy and Self-Defence Law
This new law makes it legitimate to respond with force to robbers or burglars who enter a property, even if this proves fatal.
Under previouse Italian law, accused parties usually have to show they had reasonable grounds to fear for their own life to avoid a murder charge. Some judges however have also allowed a “legitimate defence” argument based on a pattern of being regularly targeted by criminals.
But robbery victims still need to prove “proportionality” between the offence and their defence.
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Avv. Enrico Fontana
Director of Criminal Law Department