Thursday, September 25, 2014

Circumstances excluding criminal responsibility

Criminal laws entrenching a provision under which the presence of certain circumstances individual acts, although subject to the elements of a crime are not recognized as such, ie crimes. Such circumstances include the need to defend the law and the urgent need.
Self-defense - is the protection of all rights and legitimate interests, rights and lawful interests of other persons, society, the state of socially dangerous encroachment regardless of ability to avoid infringement or to seek assistance from other persons or authorities.

Legitimate is to protect individual rights and legitimate interests of the defender, another person, society and the state by causing any harm to an attacker if the attack was associated with violence dangerous to the life of the defendant or another person, or an immediate threat of such violence.
Protection against attacks that do not involve violence dangerous for life of the defendant or another person, or the threat of such violence is legitimate, if this were not exceeded the limits of necessary defense, ie, intentional action is clearly not appropriate to the nature and danger of abuse.
However, the law has established that for exceeding the limits of necessary defense person to criminal liability and is appropriate criminal penalties.
State of emergency - is to eliminate danger to the interests of the state, the public interest, the person or the rights of the individual or of other citizens, if this danger under the circumstances could not be eliminated by other means, and if the injury is considered to be less significant than the harm prevented. Not the offense for a citizen if he harmed offender for his detention or stop his criminal activities.

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