السلطة التقديرية للقاضي الجنائي في الدفاع الشرعي

Abstract EN

Self- defense is permitted by law as it is intended to resist unlawful aggression.

It is always claimed by suspects as a justification for their crimes, and so courts have to launch investigations into such claims to determine their legitimacy.

Determination of the absence or existence of right to self-defense is a purely subjective matter falling under the jurisdiction of trial judge.

The said judge alone has the power to examine evidence of self-defense case, and the power to refute such evidence in a bid to determine absence or existence of the self-defense claim; court of cassation has no supervision over this.

This research is important as it throws the spotlight on the trial court discretionary power in determining existence of self -defense case.

Research uses descriptive, analytical method to study and review legal provisions; review and comment on jurists' views as well as examining and analyzing jurisprudence.

Comparative method was rarely referred to for the illustration of some points.

Research summed up with that UAE legislator was more accurate in regulating self- defense related legal provisions than Egypt's counterpart; and that amendments need to be introduced to Egypt's Penal Code.

Research also concluded wit.