What are the elements of legitimate defense?
a) Real, true, certain, effective and not apparent aggression. Repels the aggression in protection o...
What are the elements of legitimate defense?
a) Real, true, certain, effective and not apparent aggression. Repels the aggression in protection of goods protected by criminal law, whether own or of a third party. The attacked person must not have provoked the aggressor with an aggression that can be considered sufficient and immediate. Must occur in the present and simultaneously with the defense. Must not be past or future. The repulsion against the aggression must be necessary. The harm caused to avoid the danger must be greater than the harm caused to prevent it. There must be no other practicable and less harmful means to prevent it. b) Real, true, certain, effective and not apparent aggression. Repels the aggression in protection of goods protected by criminal law, whether own or of a third party. The attacked person must not have provoked the aggressor with an aggression that can be considered sufficient and immediate. Must occur in the present and simultaneously with the defense. Must not be past or future. The repulsion against the aggression must be necessary. The harm caused to avoid the danger must be greater than the harm caused to prevent it. There must be no other practicable and less harmful means to prevent it. c) Real, true, certain, effective and not apparent aggression. Repels the aggression in protection of goods protected by criminal law, whether own or of a third party. The attacked person must not have provoked the aggressor with an aggression that can be considered sufficient and immediate. Must occur in the present and simultaneously with the defense. Must not be past or future. The repulsion against the aggression must be necessary. The harm caused to avoid the danger must be greater than the harm caused to prevent it. There must be no other practicable and less harmful means to prevent it.
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