| 英文摘要 |
Excessive Putative Self-Defense is an act in which there is actually no urgent unlawful infringement, but the perpetrator mistakenly believes that there is, and defends against the misunderstood infringement, and the defensive act exceeds what would be expected under the circumstances of the perpetrator’s imaginary infringement. Permissible defense range. There are few discussions on this issue in textbooks of criminal law, and there is no court decision on this theory of Excessive Putative Self-Defense yet. However, in Japan, whether in the academic or in practice of criminal law, there is a lively discussion on the mistaken belief defense, and there have been many famous judgments. It can be seen that our country has ignored the concept of the mistaken fault defense. Therefore, this article intends to discuss the legal consequences of mistaken defense, and review two cases of practical judgments that were judged as Putative Self-Defense, but should be regarded as Excessive Putative Self-Defense. |
