Legitima apărare și starea de necesitate în domeniul criminalității informatice (II)
Self-defence and state of necessity in the field of cybercrime (II)
Subject(s): Law, Constitution, Jurisprudence
Published by: Uniunea Juriștilor din România
Keywords: legitimate retaliation; putative self-defence; state of necessity; automatic defence; denial of service; cyber attacks; cyber crimes; justificative causes.
Summary/Abstract: After the author has analyzed in a previous study the need to take into account the legitimate defence in the field of cybercrime and has emphasized the aspects of the conditions of the attack, in this material there are analyzed the legitimate retaliation and the state of necessity. In this context, the author has tried to emphasize the problems that may arise in relation to the conditions relating to defence (legitimate retaliation), also seeking to provide a theoretical framework capable of providing applicability to the institution of self-defence. An important aspect analyzed in this paper has been the putative self-defence, which could be a key aspect in the discussion on the legitimate retaliation. Equally, it has been examined inclusively the institution of the state of necessity, also drawing conclusions on the relationship between this institution and the institution of self-defence.
- Issue Year: 2015
- Issue No: 05
- Page Range: 143-170
- Page Count: 28
- Language: Romanian