The Russians want to be allowed any means to protect their lives, as well as relatives and friends from the attack of persons illegally entering the home. The corresponding bill was sent for review to the Cabinet of Ministers and the Supreme Court. According to the authors of the initiative, in the case of protection, citizens have the right to exceed the permissible self-defense. More details - in the material. The draft law “On Amendments to Article 37 of the Criminal Code of the Russian Federation” has been sent to the government for review. It implies the right of citizens by all means to protect their lives, relatives and friends from any criminal encroachment of persons illegally entering a house or apartment. On Monday, February 7, Izvestia writes.

“The right to the inviolability of the home is the most important constitutional human right.

No one has the right to enter it against the will of the persons living in it, except in cases established by federal law or on the basis of a court decision, ”the explanatory note says.

The author of the initiative, the head of the State Duma Committee on Labour, Social Policy and Veterans Affairs, Yaroslav Nilov (LDPR faction), stated that people break into a home not only to take possession of other people's property. Sometimes it ends in murder, grievous bodily harm, rape or kidnapping.

According to the current legislation, a citizen, protecting himself and his loved ones, must assess the nature of the danger of violence or threat.

That is, he is limited by the limits of necessary defense, while criminals are not limited by anything.

The use of self-defense in Russia is regulated by Art. 37 of the Criminal Code of the Russian Federation "Necessary self-defense". It divides the attempt on the life and property of a person into two types. First: when it is associated with violence dangerous to the life of the defender or another person, or with an immediate threat of its use. Second: when, it does not involve such violence or such a threat. Exceeding the limits (if the actions of the defending person do not correspond to the nature or danger of the encroachment) for the first type of attempts is not provided.

Deliberately exceeding the limits of necessary defense entails criminal liability in cases of murder or infliction of grievous bodily harm and is punishable under Part 1 of Art. 108 of the Criminal Code and part 1 of Art. 114 of the Criminal Code.

According to the data of the Judicial Department at the Supreme Court of the Russian Federation, for six months of 2021, under Art. 108 of the Criminal Code of the Russian Federation (murder committed in excess of the necessary defense), 132 people were convicted, and only two were acquitted. According to Art. 114 of the Criminal Code of the Russian Federation (causing grievous or medium bodily harm in excess of the necessary defense), 203 people were convicted, and there were no acquittals at all.

“We believe that the formula “My home is my fortress” should be enshrined in criminal law.

It is unacceptable that a person who defended himself from an attacker, using weapons or other means to protect his family, suddenly finds himself in the dock,” Nilov noted.

According to him, the issue of relevant amendments has been raised before. In December 2021, Russian President Vladimir Putin held a meeting of the Council for the Development of Civil Society and Human Rights, where this topic was discussed again. He instructed the Supreme Court to study judicial practice and, if necessary, improve the existing self-defense standards.

“That is why we consider it right to discuss this issue at the level of the State Duma. By the time we receive feedback from the Supreme Court, the government and the regions, the common position will be clear. Perhaps this issue will be brought to an end, and the limits of permissible self-defense will be expanded, ”concluded the author of the bill.

Positions of other factions

Some members of A Just Russia share his opinion. “I don’t understand how you can assess the degree of attack and threat on your house at night: one attacker or many? Maybe we still need to negotiate with them and ask about their intentions? Therefore, I absolutely agree with Yaroslav Nilov and I will support such a bill, although I still don’t know the position of the faction,” said Valery Hartung, deputy chairman of the SRWP faction.

United Russia and New People promised to carefully study the bill as soon as it is submitted to the State Duma. The Communist Party believes that the framework for self-defense is necessary.

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