Exceeding the limits of necessary defense (Article 113 of the Criminal Code of Georgia) is a complex legal category situated between lawful self-defense and intentional murder. The law grants every person the right to defend their own or another's life, health, and property from unlawful encroachment. However, this right is not unlimited. "Exceeding the limits" occurs when the defensive action clearly does not correspond to the nature and danger of the attack. For example, if a person kills an attacker who intended only verbal insults or minor physical injury. In such cases, the person faces criminal liability, although the punishment is significantly lighter than for intentional murder. Drawing the line between legitimate defense and excessive force often depends on split-second decisions, making these cases legally challenging.
What does the Defense Service for Exceeding Self-Defense Limits cover?
The lawyer's main task is to prove that the client's actions were adequate or driven by fear. Services include:
- Reconstruction of the scene: Detailed analysis of the attack dynamics, distances, weapons used, and environmental conditions (lighting, visibility).
- Justification of proportionality: The lawyer works to prove that the force used was the only way to avert the danger at that specific moment.
- Using the "suddenness" factor: The law (Article 28) states that there is no excess if, due to the suddenness of the attack, the person could not objectively assess the danger. This is a crucial defense argument.
- Ballistic and traceological expertise: Determining how and at what angle the injury was inflicted, and whether it happened during the attacker's active action.
- Change of qualification: Fighting to ensure the charge does not remain under Article 108 (Intentional Murder) and is reclassified to Article 113, or seeking full acquittal based on necessary defense (Article 28).
Common Real-World Scenarios
In practice, exceeding limits often appears in the following scenarios:
- Home invasion: When a homeowner uses a firearm against an unarmed burglar who is trying to flee.
- Street fights: A physical confrontation where one party uses a knife or heavy object against an unarmed opponent.
- Group attacks: When a lone person uses lethal force against a group, even if they are unarmed (here, the defense often argues that the disparity in force justifies the measures taken).
- Repelling domestic violence: When a victim uses a weapon against an abuser who was not holding a weapon at that moment but posed a real threat.
Georgian Legal Framework
The issue is regulated by Article 113 of the Criminal Code of Georgia (Murder exceeding the limits of necessary defense). Article 28 of the Code, which defines "necessary defense," is also fundamental. Legislation establishes that liability arises only when the means of defense are clearly disproportionate to the nature and danger of the encroachment. The practice of the Supreme Court of Georgia is important, as it often clarifies that taking an attacker's life is permissible only in extreme cases where it is impossible to repel the attack otherwise.
Process and Stages
The defense strategy includes:
- Rapid response: Inspecting the scene and controlling initial statements to ensuring the accused does not incorrectly describe their emotional state.
- Investigation: The lawyer requests an investigative experiment to reconstruct the exact chronology of events.
- Evidence gathering: CCTV footage, witness testimonies, and expert reports.
- Court: Presenting emotional and legal arguments before a jury to confirm that the client acted out of fear or necessity.
Why choose a specialist on Legal.ge?
Cases involving exceeding self-defense limits are legally rigorous because the line between freedom and imprisonment rests on a subjective assessment of "proportionality." Legal.ge gives you access to lawyers experienced in precisely these borderline cases. They know how to prove to the court that your action was defense, not a crime. Find a qualified defender on Legal.ge and protect your future.
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