Article 79 — Excess in Legitimate Defence.

(1) When a person in repelling an unlawful attack or an imminent and unlawful attack exceeded the limits of legitimate defence by using disproportionate means or going beyond the acts necessary for averting the danger, the Court shall, without restriction, reduce the penalty (Art. 180). (2) The Court may impose no punishment when the excess committed was due to excusable fear, surprise or excitement caused by the attack.