Article 35. Necessary defense of the Code of the Republic of Kazakhstan On Administrative Offenses
1. It is not an administrative offense to commit an act provided for in this Code in a state of necessary defense, that is, while protecting the person, home, property, land plot and other rights of the defender or other persons protected by law from unlawful encroachment by causing harm to the encroaching person, if it was not allowed to exceed the limits of necessary defense.
2. All persons have the right to the necessary defense equally, regardless of their professional or other special training and official position. This right belongs to a person, regardless of the possibility of avoiding unlawful encroachment or seeking help from other persons or government agencies.
3. Exceeding the limits of necessary defense is recognized as a clear discrepancy between the protection and the nature and degree of danger of encroachment, as a result of which the encroaching person is clearly caused excessive harm that is not caused by the situation. Such an excess entails administrative liability only in cases of intentional harm.
4. A person who has exceeded the limits of necessary defense due to fear, fright or confusion caused by unlawful encroachment is not subject to administrative responsibility.
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