Self Defense in Circumstances of Domestic Violence: Introducing a Self- Defense Bill to the Israeli Penal Code

Law Watch – The Haifa University Law Faculty's Online Journal, 6(1), 2012, 1

19 Pages Posted: 22 Aug 2014

See all articles by Hava Dayan

Hava Dayan

University of Haifa

Emanuel Gross

University of Haifa - Faculty of Law

Date Written: August 22, 2014

Abstract

The article examines the legal framework in which the common law criminal self-defence exception is applied in Israel in circumstances of domestic violence. The article scrutinizes the Israeli legal doctrine of ‘self-defence’ with reference to recent amendments to the Israeli Penal Code pertaining to the legal doctrine of ‘castle-defence’, which grants a person defending his home and property wide protection from criminal liability. Aside from a critical review of the Israeli legislation on these two legal doctrines, the article suggests a detailed statutory legal amendment of section 34 of the Israeli Penal Code, for a proper application of the self-defence exception in circumstances of domestic abuse.

Note: Downloadable document is in Hebrew.

Keywords: Domestic Violence, Battered Wives, Common Law Criminal Doctrine of Self Defense

Suggested Citation

Dayan, Hava and Gross, Emanuel, Self Defense in Circumstances of Domestic Violence: Introducing a Self- Defense Bill to the Israeli Penal Code (August 22, 2014). Law Watch – The Haifa University Law Faculty's Online Journal, 6(1), 2012, 1, Available at SSRN: https://ssrn.com/abstract=2485111

Hava Dayan (Contact Author)

University of Haifa ( email )

Israel

Emanuel Gross

University of Haifa - Faculty of Law ( email )

Mount Carmel
Haifa, 31905
Israel

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