Превишаване пределите на неизбежната отбрана
Exceeding the Boundaries of Inevitable Defense

Author(s): Vanya Todorova
Subject(s): Law, Constitution, Jurisprudence, Criminal Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: circumstance excluding public danger; inevitable defense; exceeding the boundaries of inevitable defense
Summary/Abstract: The regulation of the institute of inevitable defense in our legislation is clear and does not give rise to problems in its practical application. The diversity of the cases in which this institute applies determines their different solution. This is the reason the institute of inevitable defense to be formulated in general. This makes the boundaries of inevitable defense quite flexible,adaptable to the specific features of each case. The case law practice in criminal cases has shown that, having casuistic content the legal provisions would not achieve the targeted effect as they cannot cover all possible life hypotheses where the institute of inevitable defense applies. This is not the purpose of the law. This is the primary goal of the law enforcement authorities.

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