Knife stabbing – intention or necessary self defense?
Straus Jiří, Sadílek Zdeněk:
The article describes the case of individual necessary self-defense. This case, during the whole period of preparation procedure as far as the trial, had been investigated as the bodily injury with the consequence of death. During the whole process of investigation the defendant persisted on the statement that the stabbing into the victim´s thigh happened by accident. He persisted on this statement in spite of the expert investigation, which stated that the accident was out of question. In the preparation procedure the defendant was advised by his attorney that in case of intentional stabbing the whole case could be assessed as the necessary self-defense according to the regulation § 13 of Criminal Code. But even after this advice the defendant did not change his statement. Therefore the case was submitted to the court. It depended on the court how it will assess the case. The court stated that the defendant can even lie in his court defense. But after considering all circumstance of the case and on the basis of expert investigation the court came to the conclusion that in that case it was necessary self-defense and the defendant was acquitted.
Keywords: necessary self-defense, criminalistic, forensic biomechanics, intention, knife stabbing, dead.