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Exclusion in Criminal Law

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Questions and Answers

What are the defense conditions that must be fulfilled in the context of Noodweer-Forced Defense?

Subsidiarity and proportional defense (correct)

Exceeding necessary limits and being carried away by temper

Delayed response and excessive force

Violating legal obligations and interests

What is Exclusion in the context of punishment?

Punishing someone based on their job title

Punishing someone who cannot be blamed for their actions

Not punishing someone despite committing an act prohibited by law (correct)

Pardoning someone whose actions are no longer against the law

In Noodweer Excess, what can lead to force defense beyond the limit?

Following the legal obligations strictly

Committing an offense negligently

Exceeding necessary limits and being mentally shocked (correct)

Acting impulsively and without thought

When does Exclusion apply according to the text?

Always, regardless of the offense type Signup and view all the answers

What is the role of a person who orders someone to commit an offense in the context of Participation?

Perpetrator Signup and view all the answers

What is Mitigation in relation to punishment?

Reducing the seriousness or painfulness of a situation Signup and view all the answers

How is Criminal Reduction defined?

Mitigating the offense when certain conditions are met Signup and view all the answers

Under what circumstances can actions be justified according to Art. 48?

Emergency situations Signup and view all the answers

What is the basis for expanding the punishment for an act in terms of Participation?

Special form of criminal act Signup and view all the answers

What is the difference between Exclusion and Mitigation?

Exclusion pardons the perpetrator, while Mitigation reduces the punishment severity Signup and view all the answers

Under what circumstances can children receive reductions in criminal punishment according to General rules?

When the threat of criminal punishment arises Signup and view all the answers

What is an example of Exclusion according to the text?

Not punishing a person due to carrying out an official order Signup and view all the answers