Субективната страна на деянието при превишаване на пределите на неизбежната отбрана
The Subjective Side of the Act in Exceeding the Limits of Inevitable Defence

Author(s): Vanya Todorova
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: subjective aspect of the act of inevitable defence
Summary/Abstract: The issues related to the objective aspect of inevitable defence, the objective features of attack and defence, the circumstances determining their compliance, have been investigated in multiple aspects and thoroughly, both in legal theory and in case law.The same cannot be said for the subjective aspect of inevitable defence. In theoretical studies on the institute of inevitable defence, these issues are addressed incidentally, most often to substantiate the thesis that the subjective attitude of the perpetrator to the wrongful assault is irrelevant, if objectively such an assault is present. In Decree No. 12/1973 of the Supreme Court the questions about the subjective aspect of the inevitable defence were also ignored.

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