necessary defense and extreme necessity in our country are among the reasons that completely eliminate any criminality.In turn, under these acts meant those targeted actions to address the clear and present danger that can cause harm to the legal relationships are protected by law.
-defense - it is absolutely legitimate defense of human rights and their interests, as well as the rights and interests of society, the state or other persons from dangerous attacks with the help of harming the person who is the source of the threat.The limits of self-defense can not be violated.
-defense and the conditions of its legality
Subscribe necessarily be:
- socially dangerous.In this case, it refers to the fact that it really should be able to cause harm to a person, the state, society, and so on;
- cash.Necessary defense can be applied only when the infringement is obvious (the beginning);
- effective.Necessary defense is applicable only against attacks that exist in objective reality, not in the mind of the defender.
In case if one person has caused damage to another person by taking the imaginary threat of an explicit, shall be regarded as causing harm through negligence.
Regarding protection:
- person can protect not only its own interests but also the interests of other persons, the state and society;
- -defense implies only harm the attacker.Third parties should not suffer;
- can only be timely protection;
- -defense has its limits.Their violation is unacceptable.
In this case, under the excess refers to intentional acts, which do not correspond to the degree of hazard and the specific nature of the infringement.Not to be exceeded are the actions that a person has committed by reason of the unexpected assault, severity, and the nature of which could not be determined.
Urgency
As well as self-defense, it refers to the circumstances that exclude criminality.
Under extreme need to understand a particular condition in which the person to prevent the danger of actually existing harm the interests and rights are protected by the criminal law.
conditions under which act urgency is legitimate, can be divided into those related to real danger and those related to the protection from it.
conditions that apply to danger:
- sources of danger include natural disasters, dangerous behavior of animals or even humans, disease, damage of vehicles and machinery and so on.List in this case is quite broad;
- danger must be directly threatening objects - that is to be in cash;
- it must be valid;
- act urgency can be made only if there is no other obvious possibilities to eliminate the danger.
protection from danger must always meet the requirements of:
- protection must necessarily have a clear goal - that is, it should be used to ensure that did not happen even more unpleasant consequences;
- protection can only be timely;
- limits of extreme necessity should not be exceeded.
Exceeding these limits also recognizes the harm that does not correspond to the nature and extent appeared threat.
emergency, as well as self-defense preclude criminality.This primarily means that criminal liability occurs only when it is proved that it was intentional infliction of harm.
