KKO 4261/1995
Generato dall'IA
Supreme Court dismisses appeal regarding mental state for aggravated assault where emergency defense was excessive.
Finlandia (FI)
Sintesi Legislator
Generato dall'IAThe 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.
Regesto Legislator
Generato dall'IARL 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.
Parole chiave
Generato dall'IA
excessive emergency defense
aggravated assault
mental state defense
proportionality in self-defense
criminal liability assessment
stato di salute psichica
trauma psicologico
perizia psichiatrica insufficiente
Disposizioni normative citate
Generato dall'IARL 3 luku 4 §
Decisioni correlate
Generato dall'IAkko-other_2006_13
Supreme Court held that a defendant with prior convictions lacked criminal responsibility due to mental illness.
kko-other_1997_1381
Supreme Court held that a defendant's lack of understanding of crimes does not automatically preclude criminal liability.
kko-other_2011_469
Supreme Court held a convicted official was not criminally liable due to lack of capacity at the time of the crime.
kko-precedent_2004_119
Supreme Court dismisses appeal; personality disorder and drug use do not lower criminal responsibility if full understanding existed.
kko-other_2008_1225
Supreme Court held that a drunk driving conviction does not automatically prove lack of criminal capacity.
Testo completo
Kysymys hätävarjelun liioitteluna tehtyyn törkeään pahoinpitelyyn syyllistyneen mielentilasta.
RL 3 luku 4 §