The Importance of the Institute of Necessary Defence in Criminal Law and Current Problems of Its Improvement
Year: 2026
Type: article
Abstract: This scientific article provides a comprehensive and systematic analysis of the theoretical and practical problems and the socio-legal significance of the right to necessary defence, one of the most important institutions of criminal law. Within the scope of the research, the provisions of Article 37 of the Criminal Code of the Republic of Uzbekistan have been studied in depth in terms of the conditions of legality, namely the criteria relating to the attack and the defence. The problems of the legal classification of cases involving exceeding the limits of necessary defence (excess), which give rise to the greatest number of disputes in judicial and investigative practice, have been analysed. In addition, the experience of foreign countries (the USA and Germany) has been examined using comparative legal methods, and well-founded proposals aimed at improving national legislation and strengthening guarantees of the inviolability of individuals have been developed.
Language: English
Topic: Criminal Law and Policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7225670346
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