Necessary Defense as a Legal Institute for the Exclusion of Unlawfulness in the Criminal Law of Kosovo

Session

Law

Description

Necessary defense constitutes one of the general grounds for excluding the unlawfulness of an act or omission which, under normal circumstances, would be considered a criminal offense. This legal institute is sanctioned by the Criminal Code of the Republic of Kosovo and aims to protect legal interests in cases where law enforcement authorities are unable to intervene in time to ensure order and security. Through its legal framework, necessary defense enables individuals to act in self-defense without facing criminal liability, provided that the conditions set by law are fulfilled. This paper aims to provide both a theoretical and practical analysis of this legal institute, by examining the criteria that legitimize necessary defense and the boundaries within which it may be exercised. The study seeks to construct a clear and comprehensible approach to the function and importance of this mechanism within the criminal justice system, while also encouraging its correct interpretation and application in judicial practice. Ultimately, it is emphasized that necessary defense is not only a legal right, but also a necessity for preserving social order and the fundamental rights of individuals.

Keywords:

Necessary defense, Criminal Code of Kosovo, legal interpretation, unlawfulness, legal provisions

Proceedings Editor

Edmond Hajrizi

ISBN

978-9951-982-41-2

Location

UBT Lipjan, Kosovo

Start Date

25-10-2025 9:00 AM

End Date

26-10-2025 6:00 PM

DOI

10.33107/ubt-ic.2025.258

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Oct 25th, 9:00 AM Oct 26th, 6:00 PM

Necessary Defense as a Legal Institute for the Exclusion of Unlawfulness in the Criminal Law of Kosovo

UBT Lipjan, Kosovo

Necessary defense constitutes one of the general grounds for excluding the unlawfulness of an act or omission which, under normal circumstances, would be considered a criminal offense. This legal institute is sanctioned by the Criminal Code of the Republic of Kosovo and aims to protect legal interests in cases where law enforcement authorities are unable to intervene in time to ensure order and security. Through its legal framework, necessary defense enables individuals to act in self-defense without facing criminal liability, provided that the conditions set by law are fulfilled. This paper aims to provide both a theoretical and practical analysis of this legal institute, by examining the criteria that legitimize necessary defense and the boundaries within which it may be exercised. The study seeks to construct a clear and comprehensible approach to the function and importance of this mechanism within the criminal justice system, while also encouraging its correct interpretation and application in judicial practice. Ultimately, it is emphasized that necessary defense is not only a legal right, but also a necessity for preserving social order and the fundamental rights of individuals.