Published: 2022-03-31

The Right of Self-defence as a Public Subjective Right

Jan Kil
Zeszyty Prawnicze
Section: Artykuły
https://doi.org/10.21697/zp.2022.22.1.09

Abstract

This article examines the possibility of applying the construction of public subjective rights in the dogma of procedural criminal law, as exemplified by the institution of the right of self-defence. The article gives a definition of the concept of subjective rights and outlines the basic theoretical principles presented in jurisprudence with regard to subjective rights. It also considers the way the terms defence, right of self-defence and the principle of the right of self defence are defined in publications on procedural criminal law. Te article then goes on to present arguments in favour of the recognition of the right of self-defence as a public subjective right, and shows what the theoretical and practical legal implications would be if the right of self-defence were qualified as a public subjective right.

Keywords:

criminal process; subjective right; right of self-defence; procedural rights; defending party; defendant; repressive law; public law.

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Citation rules

Kil, J. (2022). The Right of Self-defence as a Public Subjective Right. Zeszyty Prawnicze, 22(1), 195–222. https://doi.org/10.21697/zp.2022.22.1.09

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