1. Partnerdrab eller nødværge?
- Author
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Nilas, Claes Kell, Bruun, Andrea, Olsen, Viktor Engelke, Nilas, Claes Kell, Bruun, Andrea, and Olsen, Viktor Engelke
- Abstract
English abstract: The purpose of the following master’s thesis is mainly to explore the legal possibilities of a broadening in the legal foundation of self-defense as it is derived from article 13 of the Danish criminal code, so that the access to preemptive use of force in cases of domestic abuse, where continued abuse from the aggressor is imminent, but not in progress in some cases may be admitted. Doing so, the following aspects of the abovementioned matter has been assessed. Firstly, the thesis will conduct a thorough examination of the historical criminal protection of women in Denmark, the existing legal position in Danish law of self-defense, including grounds for exception from punishment in the Danish criminal code, the relevant international law and lastly, the inherent danger and risks of domestic abuse. Secondly, the thesis will analyze whether it is legally possible to broaden the foundation for legal selfdefense as it is proclaimed, and if there even exists a legal obligation to do so. It is in this regard concluded, that there exist no legal barriers hereto, if the aggressors right to life and to respect for their humanity is not overly limited, cf. the European Convention on Human Rights article 2 and 3, cf. article 1. It is furthermore concluded that Denmark, as of now, are not in general in violation of their positive obligations after article 2, 3 or 8, regarding the protection of the abused. It is also observed that there exists a discrepancy in the criminal protection of the abused in Denmark and Norway, where the criminal protection is more extensive. Thirdly, the thesis will discuss options for implementing the broadening in the legal foundation of self-defense. Between the options to either apply a wide interpretation, expanding on the wording imminent so that the time-related criteria of article 13 diminishes, or alternatively to alter the wording so that the criteria for the attack to be current or imminent is omitted. Based on considerati
- Published
- 2024