Self-defence against a partner’s violence

Supreme Court · Second Chamber (Penal) · 2019

What the Supreme Court considered and decided

The court set aside an injury conviction and applied full self-defence to a woman responding to serious assault and threats. It examined the necessity and proportionality of the means used.

What this helps explain

Defensive valuation addresses the specific danger of the moment, not only to compare the instruments used abstractly.

Editorial summary from the official note of the CGPJ. It describes this resolution, without certifying the subsequent evolution of the procedure. It should be read with the legislation applicable to its facts, reforms and subsequent case law.