According to the new law, "the ratio of proportion always exists" in cases of self-defense at home or on workplace if someone “uses a legitimately held weapon or other suitable means in order to defend: a) his own safety or that of others; b) one's own property or that of others, when there is no desistence and there is a danger of aggression”.
Furthermore, "anyone who performs an act to reject the intrusion with violence or threat of use of weapons or other means of physical coercion always acts in a state of self-defense".
In article 2, which concerns cases of "culpable excess", "punishment is excluded if the person who committed the act for the protection of his own or others' safety" acted "in a state of SERIOUS DISTURBANCE, deriving from the dangerous situation in deed".
Yes, more severe penalties are foreseen for crimes of trespassing, burglary and robbery;
Civil compensation for any damage caused to the thief is excluded if the defendant is acquitted in criminal proceedings;
Si introduces reimbursement of court costs at the expense of the State for those who have been acquitted or acquitted in cases of legitimate defense and establishes a priority for the trials relating to these cases.
However, the adverb "always" must not mislead.
For armed defense to be lawful, there must be an aggression and intrusion with "violence or threat of use of weapons". In any case, it will be the magistrate who, on a case-by-case basis, will also assess the existence of the "serious disturbance". Therefore, at the application level not much will change.
In truth, in the majority of cases the suspects are acquitted before the trial.
In fact, according to the available data, in the trial phase, the proceedings registered for "legitimate defence" were 5 in 2013, none in 2014, 3 in 2015, 2 in 2016; those for "culpable excess" in self-defense were 2 in 2013, none in 2014, 1 in 2015, 2 in 2016.
