Member of Council of Federation from Vladimir region Anton Belyakov introduced to the state Duma a bill designed to protect the right of citizens to self-defence. The initiative envisages the amendment of article 37 of the criminal code, according to which will be excluded “criminal nature” of self-defense. In this case, the excess of self-defense will no longer be considered actions aimed at the protection of persons who are in obviously helpless condition.
“In most cases, victims have no opportunity immediately to contact the police, and they have to rely on their own strength. However, in the case of injury to the attacker, law enforcement authorities initially begin to interpret the actions of the defending person as a crime. That is, consider what happened as anything but not as a necessary defense and not even as its excess,” – said Belyakov (quote by NSN).
Commenting on his legislative initiative, Senator recalled the history of Sakhalin pensioner Alexander Tarasov, who were sentenced for self-defense against intruders into the house of the robber.
Night at his house was broken into 26-year-old attacker, who demanded from Tarasova to give retirement and beat him with a stick. Self defense turned to the pensioner accusation of murder and sentence of 4.5 years imprisonment. Only after a while the Sakhalin regional court fully acquitted and rehabilitated Tarasov.
“If such an attack occurred in the United States, the court would not find out who is right and who is wrong. In American legislation, the principle “my house – My fortress”. This principle allows citizens to protect themselves and their house with all possible forces and means. If the offender was trespassing on private territory, he can be killed on the spot. And American victims of the attack released from the obligation to prove his innocence”, – stated in the bill.
According to the document prepared by Belyakov, henceforth, self-defense and inflicting harm to the attacker will not be considered a crime if the offender illegally invaded the private property of the victim or any premises (home, apartment, Villa, office), occupied it legally.
In addition, the actions of the defender would not be exceeding the limits of self-defense if they are aimed at the protection of persons who are in obviously helpless condition, reports RIA “Novosti”.
According to the authors of the project, a Russian, if his house gets robbed of firearms, ten times will think, whether it can apply to protect themselves legally belonging to him the traumatic weapon. If it will cause harm to the offender, the court may be regarded as exceeding the limits of necessary defense, and to appoint a serious term of imprisonment, stress in the Scenarios.
“Another aspect of this problem is the ambiguity of the law enforcement practice of the legislation on self-defence in the case where the defender protects a person in knowingly helpless state, for example, a child”, – stated in the explanatory Memorandum.
In this regard, mentions the case when in 2008 a resident of St. Petersburg Alexander Kuznetsov saved his eight-year-old stepson from violent actions on the part of the pedophile. Despite public outcry, the Dzerzhinsky district court considered the guilt Kuznetsova “premeditated infliction of heavy harm to health, entailed death of the person” and sentenced him to 2,5 years of a colony of a strict mode.
“Our citizens should not be afraid to protect yourself, your home, life and health of their loved ones. They should have every right to defend itself, including using weapons,” – said in the Federation Council.