Seybold Report ISSN: 1533-9211
Qutaiba Sulaiman Hameed Alborisha, Assist. Prof. Dr. Ahmad Mustafa Ali
Vol 18, No 5 ( 2023 ) | Licensing: CC 4.0 | Pg no: 363-380 | Published on: 30-05-2023
Abstract
It is known that the law permits a person who has been in danger to himself, his money, or his honor to pay this attack to stop the expected danger, and this is what is known as the case of legitimate defense. For more than what is required to respond to the danger, and by this he has gone outside the permissible framework, because he inflicted more harm than the harm expected to happen to him in the event of the danger, thus exceeding the limits of his defense. Exceeding the limits of legitimate defense is the lack of proportionality between the gravity of the act of defense and the danger that threatened the victim, that is, the use of a measure of force more than what was sufficient to ward off the danger, and exceeding the limits of the right in this sense requires the pre-establishment of the state of defense with the fulfillment of its conditions, and therefore it is not intended to exclude A condition of legitimate defense, and penal responsibility arises in the intentional transgressive crime when it fulfills its material and moral pillars, where a realistic situation arises represented by the offender knowing the truth of his act.
Keywords:
Legitimate defense, the concept of transgression, the responsibility of the transgressor, laws and legislation in the legal defense.