02 Jul self-defense at home

The discriminating case of self-defense, resulting from the changes introduced by Law. 36/19, postulates as additional requirements to that of proportion (ex art. 52 c.p.), the commission of a trespass by the aggressor; the legitimate presence of the agent in the places of illicit predatory intrusion or illicit entertainment and a specific animus defendendi, for which the defensive purpose must necessarily correspond, on the objective level, the current danger of an unjust offense, otherwise it cannot be neutralized except with the defensive conduct actually implemented. The interpolation of the co. 2 dell’art. 52 with the introduction of the adverb 'always', aimed at further garrison, in the intentions of the Legislator, the presumption of proportionality of the defensive reaction to protect individual security in the home, does not change the institute's regulatory system. The addition of the adverb 'always' therefore appears pleonastic, as the operation of the presumption, already set by the standard, however, it remains subject to the verification of the other constituent elements of the case in point, which does not allow an indiscriminate reaction against the author of the illegal intrusion, but it presupposes an attack, in the home environment, to his own or others' safety or at least a danger of aggression (Cass. 21794/20).