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Faculty of Law, University of Belgrade , Belgrade , Serbia
The institute of necessary defense, as stipulated by the Criminal Code of the Republic of Serbia, is a key mechanism for the protection of constitutional rights and freedoms of citizens. Necessary defense allows individuals to take measures necessary to avert imminent danger to life, body, or property without incurring criminal liability. This institute is detailed in Articles 19 and 20 of the Criminal Code, which define the conditions under which necessary defense can be applied and the boundaries that must not be exceeded to avoid excessive reaction. The application of the institute of necessary defense is directly related to the protection of fundamental constitutional rights such as the right to life, physical integrity, freedom, and property. It provides citizens with a legal framework within which they can protect their basic rights when those rights are threatened. However, in practice, there are often dilemmas and challenges related to assessing the proportionality and necessity of the defensive measures taken, which can lead to legal disputes and varying interpretations. Through an analysis of case law and legislative solutions, this paper aims to provide insights into the effectiveness and fairness of the application of the institute of necessary defense in the Republic of Serbia, with a particular focus on its role in protecting the constitutional rights and freedoms of citizens.
Necessary Defense, Criminal Code, Constitutional Rights, Republic of Serbia, Legal Framework
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