CONDIŢIILE PRIVITOARE LA APĂRARE, ÎN CAZUL LEGITIMEI APĂRĂRI DIN PERSPECTIVA NOULUI COD PENAL
CONDITIONS REGARDING DEFENSE, IN THE CASE OF LEGITIMATE DEFENSE FROM THE PERSPECTIVE OF THE NEW CRIMINAL CODE

Summary/Abstract: The self-defense - by concept – involves the existence of a defense against an aggression that must materialize in the the commission of an offense under criminal law. The nature and legal classification of this fact does not matter - it can be for example a homicide, bodily harm, vandalism - and the circumstance whether the fact is actually consumed or remained in the state of an attempt is also irrelevant. It is of no interest whether the person making the attack is the attacked person itself or another person , who came to help , in this situation no relationship whatsoever is required between the one who attacks and the author of the offense committed to repel the attack.

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