Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Grounds for Excuse. Special Reference to Superior Orders

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

The grounds for excuse, unlike the grounds for justification, do not affect the unlawfulness of attack. As a result, third persons may resort to self-defence in response to unlawful attack and those individuals who assisted the perpetrator to launch the unlawful attack will be criminally liable. Art. 3i(i)(d) RS provides for duress as third ground for excuse Art. 3i(i)(d) RS provides for duress as a third ground for excuse. The key element of this ground for excuse is that the perpetrator must launch the unlawful attack acting under duress, i.e. giving in to the psychological pressure, in order to avoid the threat of harm. From a subjective perspective, this ground for excuse requires the perpetrator's awareness that his unlawful attack constitutes a suitable, necessary and not wholly disproportionate response to the threaten harm. Furthermore, the perpetrator must not intend to cause greater harm than the one he seeks to avoid.

Keywords: grounds for excuse; perpetrator; self-defence; superior orders

10.1163/ej.9789004162006.i-292.36
/content/books/10.1163/ej.9789004162006.i-292.36
dcterms_subject,pub_keyword
6
3
Loading

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    Unlawful Attacks in Combat Situations — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation