How to save a passerby from an attack and not get sued

2024 Author: Malcolm Clapton | [email protected]. Last modified: 2023-12-17 03:44

A situation in which it is worth working not only with your fists, but also with your head.

Let's say you are walking down the street and you see someone being pushed into a car or beaten. If you step in and save the victim, it can make you both a hero and a prisoner. And in order not to end up in jail, you need to be judicious.

Maxim Bekanov Leading Lawyer of the European Legal Service

First of all, it is necessary for oneself to draw a conclusion whether the actions of this or that person are a violation of the law and what consequences we can prevent by our intervention. This is a fundamental point.

For example, if you see a guy beating a girl, the answer is clear: yes, this is a violation of the law. Regardless of what relationship she is with a young man, violence is used against her, the lawyer claims.

Next, you need to assess how quickly your intervention is required and whether it is necessary at all. And depending on this, make a decision: first call the police or leave it for later, since the victim must be rescued immediately.

1. If you can get by with a call to the police

During the appeal, it is important to specifically describe the situation and provide the address of the scene of the incident, advises Konstantin Bobrov, director of the legal service of the United Center for Defense. The dispatcher who receives the call, in any case, must call a police outfit.

2. If you still have to intervene

Here you need to understand: when you protect someone, the same legal rules apply as for self-defense. According to the Criminal Code of the Russian Federation and the Administrative Offenses Code, your actions will not be considered a crime or an administrative offense if they correspond to the degree and nature of the threat, and also if it was impossible to stop the aggressor in another way.

According to Konstantin Bobrov, the main reference point here is the harm that the attackers are going to cause.

Konstantin Bobrov Director of the Legal Service "United Center for Defense"

For example, if they hit the victim with their fists, then they can also be answered with punches (not necessarily with fists, it is allowed to use improvised means, but not weapons), but you cannot kill them.

According to Maxim Bekanov, the actions of the defender are assessed individually and comprehensively, taking into account the following circumstances:

• what kind of encroachment is prevented and what is its public danger;
• whether it was necessary to intervene;
• what the defender was doing;
• whether these actions were permissible and whether there were alternatives;
• what are the parameters of the participants in the fight (weight, age, height);
• whether weapons or improvised items were used;
• how many offenders were there;
• other conditions.

At the same time, there are no universal ways of behavior in order to save a person and not become a victim of an accident himself. Too much is beyond your control.

The only advice I can give is to correctly assess the current situation, since the safety of both yours and those around you depends on it. But in any case, it is impossible to remain indifferent to such situations.

Maxim Bekanov Leading Lawyer of the European Legal Service

Konstantin Bobrov also advises to assess your physical characteristics sensibly, because you yourself can get hurt trying to save someone.

If there is no confidence in the success of the defense, it is better to take other measures: call the police, call third parties for help, scare off intruders with shouts, and the like.

Konstantin Bobrov Director of the Legal Service "United Center for Defense"

A special case is when the victim testifies against his savior in order to protect the attacker. Witnesses or video footage can help you out. However, if you decide to first film the process of attacking a smartphone, it may turn out that there is already no one to save.