LEGAL CHARACTERIZING OF SELF‐DEFENSE GENERAL ANALYSIS OF SUPREME COURT DECISIONS

Abstract

Self-defense is one of the oldest circumstance, excluding criminal responsibility. In some cases, it is quite diffi cult to separate self-defense from criminal behavior. For assessment, we have to consider not only theoretical basis of self-defense, but also, arguments given in court decisions. Georgian case law comprises some interesting decisions on self-defense. According to the analysis of Georgian case law, it is clear that with regard to the qualifi cation of self-defense it is important to measure an act of the person acting in self-defense with the character and the threat of assault. In this case, main criteria are, physical skills of the person acting in self-defense and of the assailant, drunkenness, weapon/measures used for defense, conditions of defense etc.