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In life situations in which an act fulfilling the external elements of a form of crime is the only means of protecting a (different) legal interest or fulfilling a duty imposed or recognised by law, the question of whether the act is lawful or not, or whether it is unlawful, must be decided on the basis of the value of the conflicting legal interests or duties, which can be derived from the applicable law.

Term-Nr.: 879

German: Güterabwägungsprinzip (404)

Source: LK-Lötscher, 11.05.2020

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