| Abstract [eng] |
The master's thesis examines the topic of exceeding the limits of self-defense, analyzing the Criminal Code of Lithuania and foreign countries, the opinions presented by scientists in the doctrine, as well as the interpretations of Lithuanian court practice. Necessary defense is a natural right of a person, which is implemented in order to protect the highest legal values: life, health, sexual freedom, property, housing or other rights, public or state interests. The work analyzes the object of self-defense, the concept, the content of the conditions of legality of the state of self-defense (dangerousness, reality, obviousness, damage to the aggressor and compliance with the limits of self-defense) and their mutual relations. It is indicated how the conditions enshrined in the Criminal Code of the Republic of Lithuania are explained and supplemented in the practice of Lithuanian courts, arguments are presented that qualify the act as a necessary defense. The situation of exceeding the limits of self-defense, its definition in the criminal law and the necessary criteria for qualification are examined. Based on the practice of Lithuanian court decisions, the theoretical application of the conditions for exceeding the limits of the necessary defense is evaluated, related to the actual circumstances, and it is stated that the cases of the institute of necessary defense pose the most difficulties. The cases that are not considered as exceeding the limits of the necessary defense in the criminal law of Lithuania and foreign countries are also analyzed, and their description in the theory of criminal law and court practice is indicated. At the end of the master's thesis, conclusions are provided, summarizing the assessment of the legality of the necessary defense and the criteria of crossing the boundaries in the doctrine of criminal law and the practice of Lithuanian courts. |
