Objective 2 of the Criminal Law General

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Uploaded: 26.02.2013
Content: 30226100514470.doc (47 kB)

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Lomov and Kunz wives drank alcohol in the apartment Kunz. Lomov began to quarrel with the women and insulted Kunz and wife, and then invited him out to talk to the kitchen. During the conversation Lomov suddenly struck Kunz a kitchen knife in the neck, inflicting stab wound on the left neck. Pulling jammed in the neck knife, Kunz Lomov struck two blows with a knife in the chest, causing him stab wounds with damage to the lungs, from which he died at the scene.
During the preliminary investigation and in court Kunz showed that he saw the Scrap again his hand moves to the knife.
1. See resolution of the Plenum of the Supreme Court of the USSR from 16.08.1984 G. "On the application by courts of the legislation providing the right to necessary defense from socially dangerous encroachments" and give a description:
a) the conditions of legitimacy of necessary defence relating to the infringement;
b) conditions of legitimacy of necessary defence relating to the protection from encroachment.
2. What the legal significance is of the character used in the encroachment of violence (threats of violence)?
3. Give the concept of imaginary defense. How to solve the issues of criminal responsibility for harm caused in the state of imaginary defense?
4. Assess the situation from the point of view of conditions of necessary defence. Whether Kunz criminal responsibility?

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