Necessary Defense

Necessary Defense

 

in criminal law, a circumstance that negates the social danger and criminality of an act that under other conditions would be criminal. The condition of necessary defense is grounds for relief from criminal responsibility. In the USSR, the law permits necessary defense in protecting state and public interests or in protecting the person or rights of the defender or of another person against a socially dangerous offense.

Necessary defense essentially consists in stopping criminal offenses, but it is also possible when protecting against persons in a state of nonimputability, minors, or other persons not subject to criminal responsibility. Necessary defense involves causing harm to the attacker in order to stop the attack. In order that a person’s actions be deemed necessary defense, such factors must be taken into account as the extent of the harm prevented and caused, the degree and nature of the danger threatening the defender, and the defender’s chances for repulsing the attack (the number, age, and physical condition, of attackers and defenders, the presence of weapons, time and place). If, because of mental agitation caused by the suddenness of the attack, the defender was unable to determine precisely the nature of the danger and to select commensurate means of defense, he will not ordinarily be held responsible for causing consequences judged more severe than necessary.

If there is clearly a disparity between the defense and the nature and danger of the offense, the defense shall be considered to have exceeded the limits of necessary defense; however, in determining punishment, necessary defense is a mitigating circumstance.

References in periodicals archive ?
Thank God, and thanks to the human, technical and industrial capacities that Iran has; it does have the necessary defense systems to guarantee its aerospace security," he added.
User training combined with behavior analytics might be a necessary defense strategy, depending on the nature of the attack.
She explained that a paradoxical situation often occurs when a citizen has no right to use the response violence against the attacker as he or she fears to exceed the limits of necessary defense.
One year ago: President Obama defended the government's just-disclosed collection of massive amounts of information from phone and Internet records as a necessary defense against terrorism.
Inflammation is a necessary defense mechanism--you can't live without it," notes lead author Souray Ghosh, who specializes in cellular and molecular medicine.
Asked about the Army Radio report, an Israeli military spokesman said: "In light of the recent occurrences in the region, the IDF [Israel military] is taking the necessary defense measures to safeguard the state of Israel.
Finding a balance between necessary defense spending for safety and the need for a balanced budget has been tricky, and defense contractors are advocating for policymakers to find cuts elsewhere.
Justice Department's rejection of a Texas law requiring voters to show a photo ID at the polls is a welcome and necessary defense of democratic participation.
In this view, lynching was the necessary defense against white women's vulnerability in the face of black men's propensity to rape and murder.
Oil revenues are spent on necessary defense weapons, requirements of basic services such as education, health care, water and infrastructure, and on more than a million and a half state employees.
In embracing the concept of ''dynamic defense capability,'' the new guidelines reflect a shift from the prior basic defense concept, which was designed to maintain the minimum necessary defense capability for Japan to avoid becoming a destabilizing factor in the region.
25 billion to provide the necessary defense in order to defend Israel s main flashpoints in an attack.