Legitima apărare - caracterul injust al atacului
Self-Defense - the unjust character of the attack

Summary/Abstract: This paper follows a thoroughanalysis of the unjust character of theattack; this approach is one that involvesall legal layers: legislation, doctrine andjurisprudence. At the onset, an attempt hasbeen made to establish the notion of "lackof legal basis", as accurately as possible,afterwards the study continues with thequestion of admissibility or inadmissibilityof the status of self-defense in cases ofbrawl or connected to the mental ability ofthe attacker, to finally pay attention to thedelicate and controversial issue of whetheragainst an unjust attack from a publicofficial one can act in self-defense. Thelegislation under consideration is theRomanian one with its new criminal codes;yet, for a wider and clearer perspective onhow the issues are addressed thecomparative method is used too, andsimilar provisions in the Criminal Code orthe European Convention on HumanRights are analyzed, too; the position of theEuropean Court of Human Rights occupiesa central place in our argumentation.

• Details
• Contents