Interference of unbeatable fear under necessity as defense

Abstract

This article presents the delimitation of necessity and unbeatable fear. Thus, in the first section, we examine the concept of fear. Secondly, we will deal with the instinct of self-preservation under necessity. In the third section, we study the leading criterion of necessity defense. In the fourth section, we show an analytical-phenomenological under unbeatable fear. Fifthly, we will present the tolerance of imprecision under necessity and what kind of axiological premises have impact in this sort of cases. Finally, we present some considerations in which fear is a key factor under danger. Finally, we must indicate that this work considers the following hypothesis: unbeatable fear is a provision that must be applied in cases of serious disturbance in the face of a situation of danger or illegitimate aggression in which the agent is unable to fulfill.