Behov av nödvändig förändring? - Om nödvärnsrättens gränser och frågan om en eventuell utvidgning

Detta är en Kandidat-uppsats från Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

Sammanfattning: The overall purpose of the thesis is to investigate whether, in the light of the debate that has taken place in the Riksdag, and the application of the current law of self-defense in practice, there is a need to extend the right to selfdefense. The presentation is presented from a legal development perspective. The two provisions that allow impunity in the case of violence perpetrated in self-defense are found in Chapter 24.1 § Penal Code, according to which an act is deemed to be permitted if it is not manifestly unjustifiable, and in Chapter 24.6 § Penal Code, which states that a person who has used manifestly unjustifiable force can still be released from liability, if the circumstances were such that the person hasn’t been able to come to his senses. The criticism has mainly been aimed at the victim’s vulnerable position and limited defense possibilities in the event of a criminal attack. The fact that a failure to extend the right of self-defense has been justified by the fact that the rules in the Penal Code constitute an appropriate balance between interests has been considered reasonable, and the law as it stands at the present is already on the side of the victim.

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