Legislator Case Law & Legislation
KKO 4261/1995 AI generated

Supreme Court dismisses appeal regarding mental state for aggravated assault where emergency defense was excessive.

Case Number KKO 4261/1995
Court / Authority
Jurisdiction Finland (FI)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appeal challenging the conviction for aggravated assault based on excessive emergency defense. The defendant argued that their mental state at the time negated criminal liability due to the extreme nature of the threat they faced. The court rejected this, holding that the defendant's actions exceeded the necessary limits of self-defense and thus constituted a crime.

Legislator headnote

AI generated

RL 3 luku 4 §; The court established that a claim of excessive emergency defense does not automatically preclude criminal liability if the response was disproportionate to the threat faced.

Keywords

AI generated
excessive emergency defense aggravated assault mental state defense proportionality in self-defense criminal liability assessment

Cited Legislation

AI generated
RL 3 luku 4 §
AI generated

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Full text

Kysymys hätävarjelun liioitteluna tehtyyn törkeään pahoinpitelyyn syyllistyneen mielentilasta.

RL 3 luku 4 §