The limits of necessary defense in the legislation of the Russian Federation: the problem of definition and proof

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Self-defense is an inalienable human right, which is realized by causing harm to the infringer in conditions of necessary defense. According to judicial statistics, the majority of citizens exceeded the limits of the necessary defense and were convicted, since proving the legality of its application seems rather difficult due to the specifics of the investigation of such cases. In order to further prevent the prosecution of a person who was forced to actively counteract the encroachment on his personality and rights, it is necessary to make additions to the relevant legislative acts.

Necessary defense, exceeding the limits of necessary defense, proving the need for defense, forensic medical examination, judicial practice

Короткий адрес: https://sciup.org/170187245

IDR: 170187245   |   DOI: 10.24411/2500-1000-2020-11437

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