Self-defense is one of the oldest legal institutions, which rules out the criminality of action. In all legal systems, the regulation of self-defense is largely similar. In situations where one defends oneself from assault, we have to consider if this act was executed under conditions for self-defense. In case all the legal requirements are met, Slovenian legal system excludes illegality of such actions. Conditions required for self-defense are laid down by the law and are furthermore developed in legal theory, dogmatics and through legal practice. Even though prima facie makes the construction of self-defense look like it is complete, precise and well defined, significant problems are still experienced in practice. Primarily this can be seen while assessing whether or not the defense was necessary, where as an additional condition principle of proportionality is being applied. Due to the open and indefinite nature of proportionality condition, different judges may reach disparate conclusions on the same case.
Permitted defense, is with the development of society and legal systems, more and more limited, which in some cases it can certainly be justified. It is, however, important that, in delicate cases such as that of self-defense, legal assumptions are precise, full and well defined. In such a way, it assures clear directions to the court in proceedings and ensures the uniformity and fairness of the trial.
|
