Prawne aspekty wykorzystania dalekowschodnich sztuk walki w sytuacji przekroczenia granic obrony koniecznej w polskim prawie karnym

Abstract

The author attempts to analyze the statutory countertype of absolute self-defence from Article 25 of the Polish Penal Code, the Act of June 6, 1997, taking into account the legal aspects of the use of martial arts skills when exceeding the borders of self-defence. He draws attention to the formation of positive values through exercises in which a trained student, using principles derived from the tradition of Far Eastern martial arts, does not seek confrontation with an unlawful, direct, and real attack, but tries to alleviate the situation before using his/her self-defence techniques. He points out that reacting in self-defence, for example, using one’s training, is not an obligation of the attacked person; it is his/her right, which is a natural right and one of the subjective human rights. This is illustrated by the legal Latin maxim that clearly states: “It is lawful to repel force with force.” This presents martial-arts practitioners as people who, through their skills, are obliged to protect life or health in the face of a threat to their own and to that of their loved ones, as well as to that of all people they can help using such a means of self-defence.