The Judgment of Expedient
27 February 2020
19 December 2019
There are situations in which we believe that we are LEGAL DEFENSE and that our action is justified in relation to another person’s attack on us or others, but not often, the court finds that the limits of this institution which defends us from criminal liability are exceeded.
LEGAL DEFENSE is the cause that removes the criminal character of the action consisting in the defense to which a person has been forced to resort, committing a criminal act to reject a material (physical violence), directly (there is no obstacle between the victim and attacker), immediately and unfairly (the offense can be committed both from the fault and intentionally) attack against the defender, against another person or against a general interest or to deny the unlawful entry of a person into a home, court.
Very important to note are the conditions of your defense in such a situation, as your action must be necessary to reject the attack, so that it is neither premature nor late. In addition, we note that your defense must not be the only means of removing the attack. It should be pointed out that your action must be directed against the aggressor, not its property or a third person, and be proportionate to the attack. If all these conditions are not met, the court will consider that you were not in LEGAL DEFENSE and will order your conviction.
For example, if X wants to commit a robbery on A and you hear how X threatens A that he will hit her to make her give her cell phone and you intervene to help the victim A, injuring Y with a knife, putting his life in danger, you are not in legal defense. At the same time, if a robber enters in your home to steal and you choose to hit him with a bat in the head, because of a state of fear that he might hurt you, and there is no attack on his part, you come out of the scope of the legal defense.Echipa Musat & Partners
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