| Abstract [eng] |
Exceeding the Limits of Self-Defense in the Jurisprudence of the Supreme Court of Lithuania Laurynas Norkūnas The master’s thesis examines the topic of exceeding the limits of necessary self-defence in the jurisprudence of the SCL, examining the necessary self-defence and exceeding thereof in the case law of the SCL, as well as its establishment in the CC and its development in historical sources of law. Necessary self-defence arises from inherent human rights and is protected by the Constitution of the Republic of Lithuania and the Convention for the Protection of Human Rights and Fundamental Freedoms, therefore, it is very important to ensure that every person can exercise the right to necessary self-defence, at the same time, however, to prevent the abuse or unrestricted application of this right, as a results of which, the exceedance of the necessary self-defence limits has been provided. The beginnings of the regulation of necessary self-defence can already be found in the oldest legal acts, such as the Pamedė Statute Book or the Statutes of Lithuania. Today, the necessary self-defence and exceeding its limits is regulated by Article 28 of the Criminal Code, as well as many provisions are found in the case law of the SCL, some of which raise reasonable doubts, such as a formal statement of the right to violation of a dwelling, which does not constitute the situation of necessary self-defence. Analysing the necessary self-defence, the requirements of the necessary self-defence for attempt and defence have been examined, i.e., the danger, reality and obviousness of the attempt, and for the defence: the damage caused only to the attacker, the damage caused by resisting the dangerous attempt and not exceeding the limits of necessary self-defence. Analysing the exceeding of the limits of the necessary self-defence, its conditions have been examined, i.e., murder is committed or a serious health impairment is caused with a specific intent, where defence has been clearly disproportionate to the nature and dangerousness of an attempt. Analysing the nature and dangerousness of an attempt, the differences between the concepts of nature and dangerousness presented in the case law of the SCL and the scientific literature are apparent, which raises questions about the necessity of the concept of the nature of an attempt in the issue of exceeding the necessary self-defence. |
