Abstract

LOPEZ LOAIZA, Augusto. Legitimate defense against non-imputable individuals. rev.ces derecho [online]. 2023, vol.14, n.2, pp.109-126.  Epub Oct 30, 2023. ISSN 2145-7719.  https://doi.org/10.21615/cesder.7169.

Once the typicality of the conduct is verified: objective imputation and subjective imputation, the next step to analyze, within the theory of crime, is the illegality of the conduct. In this, it will be verified if the conduct displayed by the author goes against the legal-criminal regulations. In this sense, what is interesting about illegality is its negative aspect; that is, the way in which criminal liability is excluded: through legitimate defense and the state of justifying necessity. In this regard, there is a dogmatic debate in attention to how the defense carried out by a person or a third party against the aggression of an unimputable subject should be framed and, in addition, how it is that said defense should be carried out. This article is dedicated to providing more light regarding this interesting debate.

Keywords : aggression; conduct; unimputable; legitimate defense; state of justifying necessity; suitability; legal right.

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