Przekroczenie granic obrony koniecznej – w sprawie propozycji nowelizacji art. 25 Kodeksu karnego
Exceeding the boundaries of necessary defense – regarding the petition concerning amendment of Article 25 of the Criminal Code

Summary/Abstract: The author of the petition postulates the introduction of Article 25 para. 3a of the Criminal Code, in which the privilege of impunity for a person crossing the borders of necessary defense in a situation of defense against an unlawful, direct assault directed at legal rights set out in that regulation, would be guaranteed. It is concluded in the opinion that a more appropriate solution would be to link the non-subject to punishment of persons crossing the boundaries of the neces­sary defense with a more universal and capacious formula of “justifying the crossing of the limits of necessary defense by the circumstances accompanying the attack.” Thus the petition does not seem to be justified. The mere fact that a person crossing the boundar­ies of defense necessary would not be subject of the penalty only due to the fact that he/she acts in defense of certain legal rights, made in isolation from other important elements of the incident, reduces the assessment of his/her behavior and may lead to mandatory release from penalties in socially unacceptable cases.

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