Study of the subsidiarity requirement of the necessity defense

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Abstract

The paper exposes a study of the subsidiarity requirement of the necessity defense, as well as its relationship to the article 10 No 11 second circumstance. The subsidiarity requirement is theoretically founded through an interpretation of concrete necessity. However, it seems to be also part of Abstract necessity based on the inevitability. In this sense, the article attempts to identify when the agent conduct requires only a single mean, in the Abstract necessity case, to be covered by the necessity defense.

Translated title of the contributionStudy of the subsidiarity requirement of the necessity defense
Original languageSpanish
Pages (from-to)67-108
Number of pages42
JournalIus et Praxis
Volume24
Issue number3
DOIs
StatePublished - 2018

Bibliographical note

Publisher Copyright:
© 2018, Universidad de Talca.

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