LEGITIMA APĂRARE – CAUZĂ JUSTIFICATIVĂ
LEGITIMATE DEFENSE - JUSTIFICATION

Summary/Abstract: Introducing cases supporting our criminal legislation provides a more comprehensive perspective of the essence of the crime. This is not only a crime punished by the criminal law, presenting a social danger and comitted with guilt , but also must not contradict with the law as a whole, thus there should not exist a permisive cause, dictated by the superior legal order, because, in the hypothesis that a justifying cause would operate, the act would become unlawful, and its other essential features would lose significance. The new Penal Code, even if in its list of essential features of the offense did not mentioned the anti judiciary, it was implicitly recognized by regulating the justificative causes and their effects on the existence of crime.

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