Legal Practice

Is the New Regulation Justified? Applicability of the New Rules of Self-defense in Case-law

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2020-02-20
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Deák, V. (2020). Is the New Regulation Justified? Applicability of the New Rules of Self-defense in Case-law. Pro Futuro, 7(2), 129-147. https://doi.org/10.26521/Profuturo/2017/2/4767
Abstract

In the history of the regulation of self-defense, Act C of 2012 has resulted in the most substantial change. The greatest innovation in the act is the introduction of the situational self-defense, which creates an irrebuttable presumption that the unlawful attacks carried out under certain circumstances shall be considered as attacks against life. The new regulation has been criticized a lot, mostly because there are fears that the new rules of law will be misused. Through the case-law of the Supreme Court relating to self-defense in the last ten years, this study intends to reveal whether it was justified to include the situational self-defense in the new law or whether the concerns in connection with situational self-defense can be considered legitimate.