Circumstances for excluding unlawfulness and the legal institute of necessary defense

• Author: Albulena U. Ukimeraj
• Position: Bar Chamber of Kosovo
• Pages: 209-219

Academic Journal of Business, Administration, Law and Social Sciences

IIPCCL Publishing, Tirana-Albania

Vol. 2 No. 2

July 2016

ISSN 2410-3918

Acces online at www.iipccl.org

209

Circumstances for excluding unlawfulness and the legal institute of necessary

defense

PhD (C.) Albulena U. Ukimeraj

Bar Chamber of Kosovo

Abstract

There are reasons or circumstances provided for by the legal-criminal norms which in the

concretecaseandsituationduetocoexistenceofcertaincircumstancesmaketheoenceper-

missibledespitethe factthatit containsallthe traitsofa criminaloenceThe needforself

defense, remains present considering the scale in which terrorism has spread, and considering

thattherearecriminalindividualsandorganizationswhichendangerpublicsafetybyaack-

ing people and buildings for the purpose of perpetrating a robbery, retaliation or other acts in

pursuit of economic or political ends. The necessary defense is a lawful action of every indi-

vidualorgroupinprotectionofitselffromundueaackswhichposeathreattosocialorder

life, health, property or other rights and interests, whereby the criminal liability and guilt is

suspendedasdefenseisconsideredasarightofapersonwhoserightswereunderaack

Alongside the punishments and measures imposed by the state against perpetrators of crimes,

the criminal law also provides for individual defense, which can be done by citizens them-

selves under certain conditions and circumstances, a defense that is in line with the funda-

mental principles of a democratic state, international law and fundamental human rights and

freedoms.

Keywords: Unlawfulness, Necessary Defense, Circumstances for Excluding.

Introduction

Manymodernsocieties including those in transition make constant eortstostay

immune to negative phenomena, so that the life and integrity of every person remain

intact.

Every person is capable of understanding the importance of complying with

fundamental rights and freedoms in every country. We are all aware and understand

very well that these rights and freedoms cannot be enjoyed and respected without

any restriction. Absolute and equal protection of rights in all aspects in general for

every citizen would be virtually impossible.

Thus, there are restrictions to human rights and freedoms of an individual, which

havebeenclassiedbyInternationalactsandconstitutionsaspermissiblerestrictions

Notwithstanding, there are some rights which are absolutely inviolable which cannot

be restricted even by a constitution. The right to life is one of those important rights.

The diversity of the daily life events has brought about instances where a person or a

groupofpeopleincertaincircumstancesorindischargingtheirdutyhavecommied

oenceswhichareformallyforeseenascrimesunderthecriminallawHoweverdue

tocircumstancesor thecharacterofpublicinterest thattheyhavesuchoencesdo

not result in criminal liability because they are not considered as dangerous for the

society. Despite the fact that such a circumstance is formally provided for as a crime