Savavaldžiavimo nusikaltimo ir civilinių teisių savigynos santykis

LTStraipsnyje tiriamas savavaldžiavimo nusikaltimo ir civilinių teisių savigynos santykis, jų panašumai ir skirtumai. Analizuojama savigalbos samprata, jos, savigynos ir savavaldžiavimo santykis. Nagrinėjamos savigynos įgyvendinimo sąlygos, jų pažeidimo teisiniai padariniai. [Iš leidinio]

ENIn line with the existing legal regulation in the Republic of Lithuania, self-defence is considered to be a somewhat permissible, i.e. not prohibited, self-willed conduct. This leads to numerous similarities between self-defence and self-willed conduct, which cause difficulties in delimiting situations where a person exercises his/her right of self-defence from those where he/she engages in self-willed conduct. The present article refers to specialized literature and aims at revealing the relationship between self-defence of civil rights and offence by self-willed conduct, their similarities and differences. The objective is to better understand these phenomena, differentiate between civil and criminal liability for self-willed conduct in Lithuania. Having performed the research, the author argues that self-defence and self-willed conduct are ways of self-help. Therefore, the author concludes that should a person violate conditions for self-defence and cause major damages to another person, his/her activities are to be qualified as self-willed conduct in accordance with Article 294, paragraph 1 of the Criminal Code of the Republic of Lithuania. When determining whether the actions of a person overstepping the limits of self-defence are consistent with attributes of a self-willed conduct resulting in major damages to rights or legitimate interests of another person, damages within the limits of self-defence should not be taken into account, i.e. it is necessary to assess only the damages that overstep the limits of self-defence. [From the publication]