Shooting at fleeing intruders

Supreme Court · Second Chamber (Penal) · 2022

What the Supreme Court considered and decided

The court upheld injury convictions against a person who fired at a vehicle carrying intruders after an attack on his home. It applied an incomplete defence of overwhelming fear and also reviewed the intruders’ convictions.

What this helps explain

The prior attack does not authorize any subsequent reaction; it is important that the danger persists and the personal circumstances established.

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.