Abstract
Apart from the protection measures taken by the state to prevent the illness of citizens, criminal law does not exclude the right of each person to defend himself against conducts that attempt or create the possibility of transmitting diseases. The paper aims to study how the legitimate defence applies in cases of an attack consisting in the attempt to transmit an infectious disease, studying all the conditions of this justification cause, both those related to the attack and those necessary for the defence, so as to reach the conclusion of the incidence or, conversely, of the inapplicability in certain situations
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