Some characteristics related to exceeding the limits of self-defence Cover Image
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Unele particularități referitoare la depășirea limitelor legitimei apărări
Some characteristics related to exceeding the limits of self-defence

Author(s): Alexandru Roman
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: self-defence; excess defence; disproportionality; impunity; criminal law.

Summary/Abstract: This study aims to develop concepts already outlined in the doctrine, but in the light of the modern law on self-defence and exceeding its limits, containing transitional issues in relation to the new Criminal Code, accompanied by the case law up to date and reasonable own notes, while emphasizing the theoretical and practical controversies encountered.The article is prepared in an analytical style, the author reveals the key aspects regarding certain particularities and difficulties arising from the combination of the letter of the law with its enforcement. In addition to the aforementioned aspects, certain elements related to the comparative law are present, and the provisions of the (European) Convention for the Protection of Human Rights and Fundamental Freedoms concerning self-defence, as well as de lege ferenda proposals.

  • Issue Year: 2013
  • Issue No: 11
  • Page Range: 192-203
  • Page Count: 12
  • Language: Romanian