Monitor Prawniczy

no. 24/2013

Overstepping the limits of self-defence because of fear or strong emotional agitation

Magdalena Teleszewska
Autorka jest doktorantką na Wydziale Prawa Uniwersytetu w Białymstoku w Katedrze Prawa Karnego.
Abstract

This article analyses the issue of exceeding the limits of self-defence under the influence of fear or strong emotional agitation. To this end, the views of representatives of the doctrine as well as the case law, which has arisen on the basis of the currently applicable Penal Code, have been presented. For the purposes of the article, also different definitions of fear and a strong emotional agitation have been given. The article also presents the issue of criminal liability of the person who overstepped the limits of self-defence under the influence of fear or strong emotional agitation.