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Aspecte critice privind reglementarea actuala a institutiei legitimei aparari[Critical aspects towards the legal settlement of the institution of self defense]

Author

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  • Calina Andreea MUNTEANU

    (Asistent universitar drd. la Facultatea de Drept din cadrul Universitaii „Petre Andrei” din Iasi,avocat in Baroul Iasi)

Abstract

Self defense is an area in which is necessary to continue the research, to analyze carefully the solutions of the criminal courts and to find the best solutions de lege ferenda. The characteristics of the attack and defense that the romanian criminal law states are criticized, especially the ones that pretend that the attack must be material, direct, and must put in great danger the values that criminal law protects. We don’t find similar conditions in other european criminal laws, that emphasize the actual and unlawful character of the attack, the necessity and proportionality of the defense with the attack. The solution the new criminal code gives towards self defense is interesting and it may solve the problems the actual legal settlement meets.

Suggested Citation

  • Calina Andreea MUNTEANU, 2009. "Aspecte critice privind reglementarea actuala a institutiei legitimei aparari[Critical aspects towards the legal settlement of the institution of self defense]," Jurnalul de Studii Juridice, Editura Lumen, Department of Economics on Behalf of Petre Andrei University Iasi, vol. 3, pages 207-214, December.
    • Handle: RePEc:lum:rev4rl:v:3-4:y:2009:i::p:207-214
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    Keywords

    material attack; direct attack; great danger; new criminal code; special situations towards self defence;
    All these keywords.

    JEL classification:

    • A23 - General Economics and Teaching - - Economic Education and Teaching of Economics - - - Graduate

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