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Private Defense - § 29 of Criminal Code
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|This article describes the Private Defense in according with § 29 of Czech Criminal Code and other circumstances
precluding illegality. This is the most extensive article engaged in Private Defense at present.
Private Defense definition: "An act, commonly classified as a crime (delict), cannot be classified as a crime (delict) in case of staving off pending or persisting attack against the concern, protected by this law. This defense is not a Private Defense, if it is clearly inadequate to the attack"
Private Defense is one of so-called circumstances precluding illegality. Act, which will be classified as a crime under common conditions, is not classified as a crime under these special circumstances; the trespasser of such act won’t be punished for it.
Other circumstances precluding illegality:
- exigency (§28 of Criminal Code)
- authorized arms usage (§32 of Criminal Code)
- permission granted by involved person (Civil Code)
- legal duties or orders execution
- exercise of a right and profession
- research and development risks
Private defense terms and conditions (§ 29 of Criminal Code):
1. The attack threatens social relations and concerns, protected by the Criminal Code - life, health and property
Two men in a restaurant started hassling and swearing at each other. The first man smacked the second one during the skirmish. So, the second one draw a knife and stabbed the first man three times – twice in a hand, once in a hip. Conditions of Private Defense were NOT fulfilled by the second man, because his defense was clearly inadequate.
Excess of Private Defense conditions:
Private defense is a privilege – not a duty – it is not an obligatory upon the defender.
Note: this text was translated and taken over from server Otokodate.
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