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 ?
"Like any other country in the world, China's peaceful construction activities on its own territory, including the deployment of necessary defense facilities, are the exercise of the right to self-insurance and self-defence of sovereign states under international law.
"China is only building civilian and some necessary defense facilities on our own islands.
Recently, Cho Han Bum, a senior researcher at the Korea Institute for National Unification, a South Korean government think tank, reported that hawks in the DPRK military are upset that after years of sacrifices imposed on soldiers for the sake of the nuclear program, including insufficient food, Kim may be walking away from the DPRK's "treasured sword" - the arsenal deemed a source of national pride and necessary defense against foreign aggression.
Chinese Foreign Minister and State Councilor Wang Yi on Thursday defended Beijing's continuous military activities in the South China Sea, calling it a "normal deployment" and out of "necessary defense purposes."
He referred to the Iraqi-imposed war against Iran in 1980s which was supported by many world powers, and said, "Had we enjoyed the necessary defense capabilities and had certain conditions not ruled us, certainly a mad person like Saddam couldn't have attacked us and engaged us in a devastating war for 8 years."
"In both roles, I was responsible for producing regional analysis to determine potential growth and necessary defense strategies to adapt to changing market and institutional environments," Darby said.
Responding to the report, foreign ministry spokesperson Lu Kang on Friday said: 'If China is conducting any peaceful construction activity or deploying necessary defense facilities, it's very normal because it's within our sovereignty.'
North Korea defends its weapons programs as a necessary defense against U.S.
Perhaps most important, we need the processes and plans in place to work with local, state, and Federal authorities to deal with crises at the right level to provide the necessary defense and resiliency capabilities for the homeland.
The Paris City Council said it would contact "the Burmese authorities to remind them of the necessary defense and guarantee of (Rohingyas') fundamental rights." The statement from City Hall said: "this minority has suffered unacceptable violence" and has also been victim of "discrimination and grave human rights violations and extreme attacks." The Paris Council said it was sending a letter to the Myanmar ambassador to France, urging the authorities in Rangoon to "immediately halt the abuses" of the Muslim minority in their country.
In particular, MIBP has the organizational visibility and access to policy and investment levers to enable more coherent and integrated approaches to maintaining the full suite of necessary defense manufacturing enterprise capabilities.

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