01 Jun self-defense

Legitimate defense is the cause of justification provided for by Article. 52 c.p., thus ruling, upon the occurrence of certain conditions identified by the legislator, configurability of the offense.

Allows, within well-defined limits laid down by the Law, the legitimacy of self-protection can be operated in the factual context in which the state is not able to ensure prompt and effective protection of individual legal.

And 'it protectable your own or others' rights, concerning goods not only of a personal nature (vita, physical integrity, freedom, etc. honor.), but also asset (property or other real rights, possession, enjoyment of rights).

The assault on individual goods must materialize, expressly ruling legislation, in present danger of an unjust offense.

As for the requirement of the present danger, the concept of danger refers to a situation for which, on the basis of experience law, It appears likely the occurrence of a certain event detrimental as a result of human conduct.

The judgment about the existence of the danger must be done on a strictly objective basis and, then, taking into account all the circumstances of the case (even if it is known after the fact), provided that present for the offensive conduct; the latter must appear to be such, according to the best knowledge and experience, to cause or aggravate these harmful events that you want to ward off through defensive action.

In order then to the requirement of the current danger (which undoubtedly has a selective function of the hypothesis of legitimate defense eligible), the defensive reaction is peacefully be excluded when the danger is now ceased without leading to an actual or lesion has been realized in a detrimental consequence no longer neutralizable.