What does section 34 CC establish concerning self-defense?

Section 34 of the Criminal Code establishes the criteria for self-defense in situations where an individual uses force in response to an actual or threatened assault. This provision emphasizes that for the use of force to be justified as self-defense, the accused must have a reasonable belief that they or someone else was facing an imminent threat of force. This reasonable belief does not require absolute certainty about the danger but must be based on the circumstances and perception of the person involved.

This section also indicates that the action taken in self-defense must be proportional to the threat faced. Therefore, if an individual genuinely believes that they are in immediate danger (or that someone else is), they may use reasonable force to protect themselves. The key element here is the necessity of a reasonable belief regarding the threat, which informs whether the response is deemed justifiable under the law.

This aspect of the law is crucial since it ensures that individuals are not only reacting emotionally or impulsively but are instead making a discernible, reasonable assessment of the situation to justify their actions.