Obrona konieczna w polskim prawie karnym (zagadnienia podstawowe)
Self-defence in Polish Criminal Law (Basic Problems)

Summary/Abstract: The article presents the basic theoretical and practical problems referring to self-defence as a circumstance excluding illegality of an act in Polish criminal law. The features of self-defence have been presented against the background of the general theory of circumstances excluding illegality, of which self-defence is one of the most notable instances, as well as the interpretation problems connected with it. The basic conditions of self-defence have been discussed, such as: the attack, the repelling of it, the necessity of the defence and its compatibility with the danger of the attack. The issue of the independence of self-defence has been referred to in detail. Separate remarks have been devoted to the features of the attack which has to be illegal, direct and real, as well as to the problem of exceeding the borders of self-defence, including intensive excess and extensive excess, the exceeding of the borders of self-defence as a result of fear or nervousness justified by the circumstances of the attack and the institution of the so called intervention self-defence which is new for the Polish legal system. The issue of the acts of a person who mistakenly believes that a circumstance excluding their illegality occurs has also been mentioned. Up-to-date literature and the court rulings have been extensively used.

• Details
• Contents