COMPARATIVE STUDY ON SELF-DEFENSE IN CASE OF PROPERTY VIOLATION IN OTHER STATES AND ROMANIA
COMPARATIVE STUDY ON SELF-DEFENSE IN CASE OF PROPERTY VIOLATION IN OTHER STATES AND ROMANIA

Summary/Abstract: In all systems of law, criminal law is defense to protect social values recognized as important for social order. Thus, they may be: the state itself, its attributes (sovereignty, independence, unity, indivisibility), the person, rights and freedoms, rule of law and the whole property. Recognition of these social values requires sanctioning considered dangerous for them. The property is within these values, so it must be protected against criminal activity. In its criminal codes are aimed at property crimes, its attributes (in the civil sense), and its subject material. Self-defense means, in essence, removing a direct attack of an individual (or generated by its intervention) against the protected amount, which involves removal and requires a response. The doctrine and legal practice found the idea that proportionality should be maintained between action and reaction, meaning that an estimated to be less dangerous action can not justify a stronger response than the initial action.

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