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Law and Politics
Reference:
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Necessary defense (comparative analysis of modern criminal legislations).
// Law and Politics.
2005. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=49738
. Necessary defense (comparative analysis of modern criminal legislations).Abstract: Necessary defense has a long and complicated history. Truly it is one of the oldest criminal legal institutions, and it is known already to the ancient Indian law (1200-200 B.C.), which clearly formulated the rule about forgiveness of murder, committed to protect someone’s life. Currently the institution of necessary defense is a very important form of participation of people in law-enforcement activity, both as a subjective right of any person, and as a power of law-enforcement bodies and their officers to use legal violence in their law-enforcement activity. Not surprisingly, necessary defense is recognized in criminal law of virtually all the countries in the world. This article contains analysis of necessary defense in ancient and modern law of various states. The authors review similarities and differences in the title of institution, character of attack, acceptable objects of defense, proportionality and exceeding necessary defense.
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