Theory Of Justifiable Defense To Omission

Justifiable defense is universally defined as an elimination of illegality. In general, he unlawful infringement in justifiable defense is usually active. For crime of omission in which duty is not performed and the violated legal interest can be considered as individual interest, justifiable defense may apply if prerequisites are met. The defender must warn the doer of omission before exercising justifiable defense, unless the action duty and capability of the doer can be proved with sufficient evidence. The defender can only carry out necessity ease according to legal interest measurement when the action duty exclusively belongs to the doer, and the defense can be considered as accidental defense. Otherwise, it is imaginary defense if the conditions of omission are not met. In an active crime, justifiable defense can only be carry out on the principal of the omission not the accessory. An act against crime of omission should be considered act of justifiable defense if it offers the possibility of aiding legal interest, regardless of the damage of legal interest. Justifiable defense can cause slight injury to the doer of omission and in special cases serious injury if professional knowledge is required from the doer and the action can be carried out by someone else. But the death of the doer of omission constitutes over-defense.