Assault and other forms of violence are highly frowned upon by the law. That’s why there are laws in place which criminalize different kinds of physical harm on other human beings. However, sometimes, it’s inevitable to assault someone. For instance, if someone attacks you and seeks to cause you or someone else harm, you might not have a choice but to react. It is well within your rights to do so. This is according to article 105 of the Penal Code of Rwanda. According to the above-mentioned article, “a person shall be considered to act in self-defense when he/she commits an act to stop, during night, a person who breaks into an occupied place, enter sit by force or trickery.”Self-defense also occurs when someone defends him/herself against committers of theft or other criminals. It goes without saying that a person who forces their way into a house or enters stealthily is not doing it for good reason. Therefore, it is self-defense when such a person is fought off. This is not to say that attacks only happen at night and that self-defense is only acceptable if it happens at night. Article 106 of the Penal Code says that a person is also exempted from criminal liability if he/she is defending him/herself or another person from an unjustified attack. However, acting in self-defense should be done in moderation. You can be criminally liable if there is“excessive disproportion between the means of defense used and the gravity of the attack.” For example, if someone tries to pinch you and you react by beating them until they bleed, that is excessive force. There is a difference between self-defense and acting in a violent manner after being provoked into anger. It is only considered self-defense if the amount of force you have used is necessary to stop the attack. Article 108 of the Penal Code also provides for exemption from criminal liability for actions committed in case of danger. It states: “A person who, in the presence of an actual or imminent danger which poses a threat to him/her or to another person, commits an act necessary for self-defense or for the defense of that other person, shall not be criminally liable, except if there is excessive disproportion between the means of defense used and the gravity of the danger.” There are different kinds of danger that you, a classmate or a family member are likely to encounter. And sometimes it might be necessary to use force to deal with such dangers. For example, if you are protecting yourself or another person from physical or sexual abuse, and if you use the necessary amount of force to do so, then you can be exempted from criminal liability for your actions.
