THE CONDITIONS OF LEGITIMATE SELF-DEFENSE Cover Image

Condiţiile legitimei apărări
THE CONDITIONS OF LEGITIMATE SELF-DEFENSE

Author(s): Elena-Giorgiana Simionescu
Subject(s): Criminal Law
Published by: Editura Hamangiu S.R.L.
Keywords: justifying cause; crime committed in self-legitimate defense; attack; defense;

Summary/Abstract: Legitimate defense is invoked as a justifiable cause when a person subjected to an aggression responds with force. It is considered to be lawful or permitted in circumstances that imply, on the one hand, the attack or aggression (which generates the legitimate defense) and, on the other hand, the defense or the retaliation (a deed committed in defense). As a consequence, the act committed in legitimate defense does not entail the criminal liability of the offender, as it was constrained by the need to eliminate the aggression that undermined the protected social values, and neither the civil liability for the damage suffered by the attacker.

  • Issue Year: II/2014
  • Issue No: II
  • Page Range: 363-371
  • Page Count: 9
  • Language: Romanian
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