Self-defence law (Czech Republic)
The Ministry of the Interior officially recommends carrying non-lethal weapons such as pepper sprays, paralyzers, or gas pistols as means of self-defense.
[3] Unlike in most other European countries, Czech citizens have the right to keep and bear firearms for personal protection, for which they must first obtain a shall-issue license.
Historically, the self-defense related case law was primarily dealing with killing of an assailant that had attempted an attack against defender's life.
This had progressively led to self-defense being understood in very broad terms as an action averting any kind of imminent attack.
The first codification of the criminal law took place in 1803 when the Czech Crown Lands were part of the Habsburg monarchy and included an article on self-defense as an exculpatory provision to murder.
In 1852, under Austrian Empire, a major recodification took place, which introduced a general article on self defense in Section 2 of the Criminal Code.
The Supreme Court of the Czech Republic interprets the limit being a defense which is "absolutely unequivocally, extremely grossly exaggerated", meaning that "the defender's act does not clearly, obviously and unquestionably correspond to all the relevant circumstances characterising the manner of the attack".
[6] In 2021, the Parliament of the Czech Republic adopted a second amendment to the Charter of Fundamental Rights and Freedoms, adding a new guaranty, which states: "The right to defend own life or life of another person also with arms is guaranteed under conditions set out in the law."
[10] A person may also defend themselves against an attack that they provoked,[11] as long as they did not start offensive action or did not engage in mutual fight.
This together with a generally low rate of violent crime makes defensive gun uses relatively rare.
Even more common are defensive uses of pepper sprays, the carrying of which is officially recommended by Ministry of Interior to women, elderly and other vulnerable groups.
[15] A number of successful defensive uses of firearms or other weapon is being cleared as legitimate self-defense by authorities every year without raising wider public concern, including for example a 2014 shooting of an attacker by a bartender in Hořovice,[17] or a 2014 shooting of an aggressive burglar in a garage by homeowner in Čimice.
[8] An example of an attack by a raging dog is commonly used to explain the difference between utmost necessity and necessary self defence.
[8] There are two main limitations to utmost necessity:[8] Eligible use of a weapon is addressed in special enactments dealing with police, secret security service, prison guards etc.
