THE ABSENCE OF SUBJECTIVE ELEMENTS IN CASES OF SELF-DEFENSE
DOI:
https://doi.org/10.15517/7ejbe159Keywords:
Grounds for justification, Wrongfulness of conduct, Wrongfulness of the result, Subjective elements, Personal unlawfulness theory, Self-defenseAbstract
This article portrays the approach of the prevailing doctrine regarding the need of subjective elements for justifying through self-defense. It states a critical analysis of the solution provided by this prevailing doctrine for cases in which these subjective elements are not present, despite there being, objectively, a self-defense situation.
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