The conflict between lives in criminal law

Authors

  • MARIO SÁNCHEZ DAFAUCE

DOI:

https://doi.org/10.36151/

Keywords:

Exculpation, unenforceability of other behavior, suicide, personal justification, weighting between lives, massacre, community of danger

Abstract

two models of conflicts between lives can be distinguished. Both act as two levels in resolving a case: only
if the first one fails it moves to the second one. The first is the state of objective necessity. It is objective because it is
based on a favorable weighing and because this weighing allows the justified intervention of external third parties. This
would include communities sharing a danger and extreme cases such as the prevention of massacres. The second is the
state of subjective necessity (personal). It is personal because it lacks a favorable weigh and is based, exclusively, on
the unenforceability of another behavior.

Downloads

Published

2025-07-09

Issue

Section

Doctrina

How to Cite

The conflict between lives in criminal law. (2025). Revista Penal, 42, 203-220. https://doi.org/10.36151/