Theoretical and Practical Aspects regarding the Justificatory Cause of Self-Defense

Abstract

Self-defense is a fundamental institution of general criminal law, framed as a justification intended to remove the criminal character of an act committed for the purpose of repelling an unjust attack. Through practical examples and recent case law solutions, the study highlights the interpretative difficulties generated by assessing the proportionality and necessity of defense, as well as how the particularities of concrete situations influence the legal classification of the act. The work conveys the need for a consistent application of legal criteria, emphasizing the importance of evaluating the factual context in each case. The main conclusion highlights that a balanced and unified approach to the conditions of self-defense contributes to ensuring the effective protection of social values and avoiding unjust criminal liability.