Considerazioni medico-legali sull’eccesso colposo di legittima difesa in caso di intossicazione acuta da sostanze d’abuso

The culpable excess of legitimate defense is realized in the case of defect of constriction, necessity or proportionality of the reaction of the victim. In the cases of aggression with psychomotor agitation consequent to alcohol and drugs, such as cocaine, precisely for the specific effects of these substances is associated an aggressive and violent behavior that could to endanger the life of the victim and it may justify part of the defensive reaction that not exceed in proportionality. The difficulty of the qualitative and quantitative determination of the strength and the means employed in a delicate space-time context motivates the doubts and the perplexity that the doctrine has for this hypothesis. The authors analyze this considered hypothesis through a review of the literature by which are described the indicators of altered states of consciousness determined by such abuse substances.