Chapter XI: Legal Grounds for Causing Damage

I. Concept

Legal grounds for causing damage are grounds provided by law that allow the infliction of damage without being considered a crime. These grounds eliminate the social danger of the crime from the act of causing damage.

II. Legitimate Self-Defense

• Article 22 of the Penal Code: Legitimate self-defense is the act of a person, in order to protect the legitimate rights or interests of themselves, of others, or the interests of the State, of an organization, who counteracts in a necessary manner a person who is committing an act that infringes upon the aforementioned interests. It is not a crime.

• Purpose:

• To encourage citizens to resist acts that infringe upon objects protected by law.

• To prevent or limit the damage that such acts may cause.

• Reason why it is not a crime:

• It is consistent with the interests of society.

• It supports the State in maintaining social order.

• It combats acts that infringe upon social relations protected by law.

• Nature: To prevent illegal attacks, limit the damage caused by the threatening attack.

• 1. Conditions for legitimate self-defense:

• a. Basis: Existing attack by a person.

• b. Content and scope: The necessary counter-measures, appropriate to the nature and degree of danger of the infringing act, placed in specific circumstances.

• 2. Exceeding the limits of legitimate self-defense:

• The counter-act is clearly excessive, not appropriate to the nature and degree of social danger of the infringement.

• 3. Imaginary self-defense:

• A case where another person is committing an act of infringement, so they have defended themselves, causing damage to them.

• A form of error about the facts.

III. State of Emergency

• Article 23 of the Penal Code: A state of emergency is the situation of a person, in order to avoid damage to their own legitimate rights or interests, of others, or of the interests of the State, of an agency, organization, who has no other option but to inflict damage smaller than the damage needed to prevent. It is not a crime.

• Significance: It creates a legal basis, encouraging people to take beneficial actions that are consistent with the requirements of society when faced with the reality of damage that is occurring or is being threatened to occur.

• 1. Conditions of a state of emergency:

• a. Basis: When there is damage being threatened to occur, possibly due to objects, natural disasters, technical malfunctions.

• b. Content and scope: It is permitted to cause smaller damage to prevent greater damage.

• 2. Exceeding the requirements of a state of emergency:

• Mitigating circumstances for criminal liability.

• Must be held responsible.

IV. Causing damage while apprehending a criminal

• Condition:

• There is authentic evidence to identify the person as a criminal.

• The arrest is to prevent the criminal from continuing to commit crimes or escaping.

• Exceeding the necessary level:

• Must be held criminally liable.

V. Risks in research, testing, and applying scientific, technical, and technological advancements

• Basis: Due to the characteristics of research, testing, and applying scientific, technical, and technological advancements.

• Condition:

• The activity is carried out within the framework of the law and according to regulations.

• Full measures have been taken to prevent risks.

VI. Carrying out orders of a commander or superior

• Condition:

• The order must be legal and consistent with the functions and tasks of the commander or superior.

• The person carrying out the order must know that the order is legal.

Note: The cases mentioned above are only general legal grounds. Specifically, each case will have specific regulations provided by law.