Features of taking into account the ability of the defending person to repel the encroachment when resolving the issue of the presence or absence of signs of exceeding the limits of necessary defense
The article is devoted to the consideration of the features of taking into account the ability of the defending person to repel an encroachment when resolving the issue of the presence or absence of signs of exceeding the limits of the necessary defense. The author analyzes the provisions of Article 37 of the Criminal Code of the Russian Federation, the resolution of the Plenum of the Supreme Court of the Russian Federation dated September 27, 2012 No. 19 “On the application by courts of legislation on necessary defense and causing harm when detaining a person who has committed a crime”, the point of view of legal scholars regarding the dependence of the limits of causing harm during defensive actions on the age, gender, physical and mental condition of the person reflecting the encroachment. As a result of the conducted research, a conclusion was made about the characteristics of the defender, capable of significantly expanding the limits of the necessary defense.