Proportionality of interests and the principle of commensurability of self-defence in Polish criminal law

Abstract

This paper presents the issue of the proportionality of interests in the context of the condition of commensurability of self-defence with the danger arising from an unlawful and direct attack on a specific interest protected by law. The aim of the study is to analyse this condition of commensurability by construing the notion of the necessary defence and by determining whether this condition implies an obligation to retain the proportion of the value of interests in conflict the case of specific defences to criminal liability. In order to achieve this goal, the author primarily employs the formal and dogmatic method as well as the method of analysing judicial decisions. While the condition of proportionality of interests is not expressly contained in the regulations governing the institution of self-defence in Polish criminal law, such an analysis seems justified, in particular, because of the view commonly held in the doctrine and case law whereby a glaring disproportion of interests is inadmissible in self-defence. In his analysis, the author presents a critical assessment of the aforementioned view.