حق الدفاع الشرعي في التشريع السوداني

Abstract EN

The subject of the right of legitimate self-defense has been treated because of its great importance in protecting the defender from the danger that threatens him in the possessions dearest to the human being, himself, his money and his honor, as well as the soul, the money and the honor of others.

Recognizing the right to self-defense would thus protect society as a whole.

The problem of the research consisted in the fact that there was an increase in the cases of aggression against the citizens and defenses on the part of the latter.

However, the right of legitimate self-defence was exceeded in many cases, and on the other hand, the ignorance of some of this right and their inability to defend themselves because they believed that if they did they would commit a crime poses another dilemma.

The requirements of the right of legitimate self-defence were subsequently set out and the study showed that they consisted of the reasonable fear of an imminent danger, which threatens the human being.

Research has also shown that the requirements of the right of legitimate self-defence consist of the need to use appropriate force to respond to the attack, and the impossibility of resorting to public authority to defend oneself.

The research presented the issue of proving the right to legitimate self-defense and showed that when proven with its conditions, the act is not considered a crime.

At the end of the research, there were a number of findings and recommendations, and among the most important findings that emerged was that in Sudanese criminal law the right of legitimate self-defense arises against the official even if acting in good faith.

One of the most important recommendations in this study advocates the modification of this text in the sense that the right of legitimate self-defence cannot be invoked against a public official acting in good fa