Minister Han Dong-hoon Orders Active Application of Justifiable Acts and Self-Defense in Arresting Violent Offenders

Minister of Justice Han Dong-hoon recently instructed the prosecution to actively apply justifiable causes such as lawful acts or self-defense in the process of apprehending violent offenders in response to the recent series of 'random violent crimes.'

On the 7th, the Ministry of Justice announced, "Today, the Minister of Justice instructed the Supreme Prosecutors' Office to 'actively apply lawful acts and self-defense in the process of apprehending violent offenders.'

Minister of Justice Han Dong-hoon. Photo by Hyunmin Kim kimhyun81@

According to the Ministry of Justice, Minister Han stated, "Due to a series of recent 'random violent crimes,' serious harm has occurred, including the loss of innocent citizens' lives, which has increased public anxiety. According to laws and precedents, the legitimate use of physical force in subduing heinous criminals sufficiently qualifies as justifiable causes such as lawful acts or self-defense, which exempt one from criminal punishment."

Minister Han also pointed out, "However, due to some cases where physical force was used during the apprehension of suspects and resulted in punishment for violent crimes, law enforcement officers such as the police (or ordinary citizens in urgent situations like the absence of police at the scene) may find it difficult to actively use physical force to subdue heinous criminals, which could hinder the immediate arrest of offenders."

He urged, "The prosecution should more actively review and apply justifiable causes such as lawful acts and self-defense, as well as sentencing considerations, regarding the use of physical force in urgent situations where harm to the life or body of the public has occurred or is feared, by the police and ordinary citizens."

Lawful acts and self-defense are representative justifiable causes stipulated in the Criminal Act.

Article 20 (Lawful Acts) of the Criminal Act states, "Acts performed under laws or official duties or other acts not contrary to social norms shall not be punished." According to the Police Duties Execution Act, when a police officer apprehends a suspect, or when an ordinary citizen arrests a suspect without a warrant under Article 212 of the Criminal Procedure Act, which states "anyone may arrest a suspect caught in the act without a warrant," the use of a certain degree of physical force or causing injury to the suspect is exempt from punishment due to the absence of illegality.

Also, Article 21 (Self-Defense) Paragraph 1 of the Criminal Act states, "An act committed to defend oneself or another person's legal interests from a current unjust infringement shall not be punished if there is reasonable cause." Self-defense for others who are in a situation of harm from a suspect is also exempt from punishment due to the absence of illegality. However, defensive acts must be reasonable, and if violence continues after the threat has been removed, it constitutes excessive defense, which may result in reduced or exempted punishment but not acquittal.

Recently, random stabbing incidents occurred at Sillim Station in Seoul and Bundang in Gyeonggi Province, resulting in multiple casualties. Additionally, an incident where a teacher was attacked occurred in Daejeon, and numerous online murder threats have been ongoing nationwide.

The prosecution and police have each formed dedicated investigation teams. Prosecutor General Lee Won-seok instructed all prosecution offices nationwide to organize response systems centered on dedicated violent crime units, conduct swift and thorough investigations, and actively consider detention investigations when arrest warrants are requested by the police regarding posts threatening murder.

The National Police Agency has expressed its stance to actively use legitimate police physical force such as firearms or tasers in the event of violent crimes like stabbing rampages.

This content was produced with the assistance of AI translation services.