“By broadening the concept of rightful self-defence, the new Criminal Code will increase citizens’ safety”, Róbert Répássy, Secretary of State for Justice at the Ministry of Public Administration and Justice said at his press conference held in Budapest on Monday.

Róbert Répássy explained that was because the change would transfer the risk of defence by anyone exposed to an attack to the attacker.

He recalled that the new Criminal Code, which entered into force five months ago, fundamentally changed the rules of rightful self-defence, expanding and specifying typical modes of perpetration when the person under attack would not need to regard the requirement of necessity and proportionality.

As an example, he mentioned that such a case might be when someone was attacked with a weapon or by a group, or if someone’s home was burgled in the same manner. Entry to a fenced-off place that belonged to a home, i.e. to a garden, would establish the option of self-defence without any risk if this crime was committed against someone and the perpetrator was armed.

As the Secretary of State pointed out, recent months had proven that criticism of the new regulation was unsubstantiated, as he knew of no case of anyone abusing the broader concept of rightful self-defence. He reminded that those criticising the Act assumed that the concept of rightful self-defence would be exploited to perpetrate crimes, e.g. to take the law into one’s own hands.

Róbert Répássy added: Rightful self-defence was an institution which the Fundamental Law guaranteed to citizens. Providing a quote, he pointed out that the regulation stipulated the following: “Every person shall have the right to repel any unlawful attack against his or her person or property, or one that poses a direct threat to the same”.

He recalled: The new Criminal Code, but even the previous Criminal Code specified the institution of rightful preventive self-defence to avoid a rightful self-defence situation and for protection. This included cases where someone created some kind of technical protection using devices installed in the home or in the garden. Under the previous and the current legal regulation, however, such devices must not be suitable for taking anyone’s life, the Secretary of State said.

Answering a question about statistical data since the new regulation became effective, Róbert Répássy said: Broadening the situation of rightful self-defence had the very purpose of public prosecutors not pressing charges in such cases, so that those attacked did not need to prove in lengthy proceedings that their lives were at stake.

(Ministry of Public Administration and Justice)