16 January 2020

We are making you aware that NON-IMPUTABLE EXCESS is the cause of non-imputability which consists in the defense which a person has been forced to resort to, , committing a criminal act to reject to reject an attack against him, against another person or against a general interest or to deny the unlawful entry of a person into a home, court, but because of fear or disorder, he goes beyond the limits of a defense commensurate with the attack, as opposed to the legitimate defense, where the proportionality exists.

For example, we are in the situation of NON-IMPUTABLE EXCESS when an unknown person (Y) enters into the house of (X) to steal the jewelry and Y being surprised while stealing the goods and he applied to (X) a few bumps across his legs with a broom he had found near him and in that moment (X), frightened, dealt a blow to Y in the area of his head with a BAT he held on him. Consequently, the absence of proportionality between the attack and the defense can be observed.

For more details about the causes of non-liability and their legal effects, Musat&Partners team is at your disposal!