SELF-DEFENSE AND NECESSITY

SELF-DEFENSE

An unfair attack should only be caused by a person.

Self-defense cannot be committed against self-defense.

The perpetrator’s liability for compensation is eliminated.

The unfair attack must continue.

There should be a ratio between damage in attack and decisiveness in defence.

In order for the act to be considered unfair, the perpetrator does not need to be attributed or punished.

An unfair attack can be execution, it can be negligence, so self-defense against negligence and execution attacks is possible.

A tort does not have to be a crime in order for the perpetrator to benefit from self-defense.

 

 

NECESSITY

There must be a severe and certain danger.

The perpetrator should not knowingly cause danger.

Severe and certain danger can be caused by human movements, animal attacks, or natural events.
If the perpetrator himself causes an unfair attack, he can take advantage of self-defense. The perpetrator should not be in danger.(police can’t leave the rally area and run away)

A person who faces severe and certain danger will not be punished for damage caused to a third person or his property.
It must be an unfair attack that takes place, takes place or repeats. A person who is faced with severe and certain danger may benefit from this right to protect the right of himself or a third person.

There must be a ratio between severe and decidedly dangerous and damage to someone else’s right.

The protected right must be either equal to or superior to the sacrificed right.

Liability for compensation of the perpetrator is reserved.