A közérdek és egyéb jogi tárgyak a büntetendőséget kizáró okok szabályozásában

Abstract

This study examines the role of public interest and other legal objects in the regulation of grounds excluding culpability (self-defense, necessity). It provides a historical overview from Roman law to the Csemegi Penal Code, demonstrating the changing perception of community interests. The paper argues that the concept of public interest today is based on social solidarity and possesses an independent dogmatic scope, extending beyond merely the sum of personal and property values. It analyzes the "Dunagate case" as an example of protecting public interest in a state of necessity. The study differentiates between the varying applications of self-defense and necessity, emphasizing the distinction between unlawful attack and danger. Furthermore, it addresses the connections between actions taken in the state's interest, actions by undercover agents, and actions with the victim's consent, proposing legal development recommendations related to public interest.