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Legitimate Defense

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The legitimate refers to what results compliant or appropriate to the law . Defending , on the other hand, is the act and consequence of defending or defending (protect yourself, protect yourself).

Based on these definitions we can focus on the idea of legitimate defense . This is what it is called, in the right , on the grounds of justification of an action that is usually punishable by law but which, due to exceptional circumstances, becomes non-punishable.

When a person acts in self-defense, therefore, has no criminal responsibility despite incurring conduct that is generally prohibited . This exceptionality is linked to the individual being forced to defend against an attack that he put his life at risk .

The legitimate defense is considered as a universal legal institute , since it is accepted in the laws worldwide. It is a cause of justification that leads to a conduct Do not consider yourself unlawful, applying an incomplete exemption (the penalty is reduced) or a complete exemption (no penalty).

For the legitimate defense to be accepted, certain conditions must be met, such as the existence of a malicious and illegitimate aggression that endangers a legal good and that makes intervention necessary to repel or prevent attack .

Suppose a man armed with a knife, he tries to steal the belongings of a young man. Willing to overcome any attempt at resistance, the assailant intends to stab the victim, who in this situation seeks to remove the weapon to avoid being damaged. In the midst of the struggle, the thief himself ends up receiving a stub and dies. When the case is analyzed at the judicial level, it is likely that a judge considers that the young man acted in legitimate defense and that, therefore, he should not receive a criminal punishment despite having taken the life of another subject.

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