Il conflitto vita contro vita nel diritto penale Articles uri icon

publication date

  • June 2019

start page

  • 7

end page

  • 38

issue

  • 1

volume

  • 8

Electronic International Standard Serial Number (EISSN)

  • 2281-6100

abstract

  • Two models of conflicts between lives can be distinguished. Both act astwo levels in resolving a case: only if the first one fails it moves to the second one. The first is the state of objective necessity. It is objective because it is based on a favourable weighing and because this weighing allows the justified intervention of external third parties. This would include communities sharing a danger and extreme cases such as the prevention of massacres. The second is the state of subjective necessity (personal). It is personal because it lacks a favourable weigh and is based, exclusively, on the unenforceability of another behaviour.

keywords

  • exculpation; unenforceability of other behaviour suicide; personal justification; weighting between lives; massacre; community of danger