| Abstract [eng] |
This Master’s thesis analyses the legal conditions under which self-defence is considered lawful, focusing on both the theoretical and practical aspects of the doctrine as applied in Lithuanian criminal law. The research is conducted with reference to criminal law scholarship and the jurisprudence of the Supreme Court of Lithuania. The central objective is to identify the circumstances in which self-defence is recognised as lawful and those in which it exceeds the boundaries of legality, thereby resulting in criminal liability. Special attention is given to the analysis of the key characteristics of an unlawful attack—its dangerousness, immediacy, and reality—as well as the requirements related to the defensive response itself. The thesis further examines exceptional circumstances expressly provided for in the Criminal Code, including situations involving intense fear or confusion, and defence against unlawful intrusion into one’s dwelling. The analysis of case law and doctrinal sources reveals that self-defence is not always recognised as lawful, even in cases of objectively existing attacks, particularly when the proportionality requirement is not observed or when the use of force continues after the threat has ceased. The study also highlights that courts may reach differing conclusions even in factually similar cases, such as those involving the use of a knife in self-defence, depending on the specific circumstances of each case. The findings of this thesis demonstrate that self-defence is not merely a justification excluding criminal liability but also serves as an essential safeguard of constitutionally protected rights—such as the rights to life, health, liberty, property, and personal security. Proper application of legal norms in this area ensures a necessary balance between the individual’s right to self-defence and the state’s duty to maintain public order and uphold the rule of law. |
