COMPARATIVE LEGAL ANALYSIS OF CASES EXCLUDING THE CRIMINALITY OF THE CRIME

Abstract

In this article, the issues related to the comparative legal analysis of cases excluding the criminality of the act are analyzed. In particular, the theory and practice of the different aspects of the types of cases excluding the criminality of the act and their comparative legal analysis are studied. For example, in the case of necessary defense, the aggressor does not physically or mentally force the defendant to commit a socially dangerous act or threaten to use such coercion, and the article also analyzes that the defendant cannot control his actions (inaction) as a result of such coercion. In addition, it is mentioned that in the case of a necessary defense, the defendant harms the aggressor while protecting his or another personʼs person, rights, society, or state interests from illegal aggression (not third parties). In the article, the author emphasizes that as a type of situation that excludes the criminality of the act, it is damage during the arrest of a person who has committed a socially dangerous act, and that it is important to distinguish between necessary defense and last necessity. According to the author, the source of danger in harming a person who has committed a socially dangerous act is only the fact that this person has committed a crime.