Guard or Defense?

Episode 1: understand the real differences between custody and defense, and what the law allows (or prohibits).

Home protection, on-demand response, deterrent role: between preconceived ideas and legal reality, we set the foundations straight in a series of concrete articles.

The German Shepherd is one of the few breeds capable of both autonomously guarding a territory and actively defending its owners. It's important to understand what these two functions entail, as they require very different skills and supervision.

Too often confused in the collective imagination, guarding and defense obey distinct behavioral, technical, and, above all, legal logics. This article aims to clarify these essential concepts, in order to allow each owner of a protection dog to act responsibly and effectively, particularly within the framework of French legislation.

Guard and defense: two very distinct missions

Guard: an autonomous deterrent

The guard dog acts without waiting for orders. It detects any strangers in the family circle and adopts a deterrent attitude: barking, excitement, repeated movements along fences, high posture. It does not seek physical contact, but imposes a strong presence, intended to force the intruder to abandon it without direct confrontation.

This behavior is based on territorial instinct. It is all the more effective when the area is fenced, clearly defined, and identified by the dog as its domain. The guard dog is not an aggressive dog, but a vigilant, self-confident dog, capable of reacting without spiraling into turmoil.

Defense: controlled neutrality, targeted action

The guard dog must be able to operate in a variety of human environments: on a walk, in a store, at the market, in a garden with guests. It must remain neutral as long as no real threat arises.

But in times of danger, he must be able to react on command or in a controlled manner to direct aggression. This requires rigorous selection, precise training, and unfailing emotional stability.

Why the German Shepherd is one of the few dogs that can do both roles

Few breeds combine the qualities necessary for both independent and deterrent guarding and controlled defense on command. The German Shepherd, when properly selected, is one of them. It has:

• a strong ability to concentrate and analyze,
• an ability to work in close contact with people,
• a nervous strength superior to that of many other breeds.

Conversely:

• Molossers are powerful but sometimes too reactive.
• Livestock protection dogs have a behavioral autonomy that is difficult to reconcile with a civilian framework.
• Sporty Malinois can be unstable, hyperactive, and lack neutrality in social settings or vigilance and suspicion when left to their own devices.

The German Shepherd offers a balance of intelligence, discernment, strength, docility, and the ability to channel its instincts. This makes it, particularly in France, an excellent working dog for mixed functions, provided it is well selected and supervised.

Let us point out, however, that guarding and defense require certain almost opposite qualities, so a dog that is excellent in one or other of the two aspects will often be of a lower level in its opposite; we will come back to this in a future chapter.

What French law says

Civil liability: the owner is fully liable

Article 1243 of the Civil Code states that “the owner of an animal […] is liable for the damage caused by the animal.” This liability is automatic.

Criminal liability: use of animals as weapons

Article 222-13 of the Criminal Code considers a bite to be aggravated violence if it is used deliberately. Article R.623-3 punishes allowing a dangerous animal to roam.

What to do if your dog bites someone or you have been bitten? here

Concrete examples and case law

• Bite by an intruder at night on enclosed land: civil liability incurred, no criminal sanctions (this is an example, but depending on the context a completely different judgment could have been rendered).
• Attack through low fence: conviction for negligence.
• Attack on a passer-by in the street: disproportionate use, criminal proceedings initiated
• The important thing to remember is that self-defense and proportionate use of force must be demonstrated in order to avoid criminal sanctions.

Internationally: models unsuited to the French context

In Italy, the defense of private property is reinforced, in the United States, some states apply very broad self-defense laws, overall on these subjects the legislation is more permissive, . But these practices are not transposable. In France, self-defense with a dog remains strictly regulated, and can never be improvised.

Conclusion

Understanding the distinction between guard and defense is essential. The German Shepherd can fulfill both functions, provided it is properly selected, trained, and used in compliance with the law. This not only ensures the dog's effectiveness, but also the legal security of its owner.

In the next article, we will discuss the importance of choosing the right breed and puppy, why a sporting dog, even one with experience in biting, is not what is sought for this type of task, and we will highlight the essential living conditions to offer these precious allies, to make them both more efficient and happy.

Guard or Defense Episode 2 here

If you are interested in these topics, also read our L pageskeeps a job? And  Property custody

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