Autonomous vehicles and the state of necessity: Analysis from the perspective of the pedestrian subject to a dangerous situation

Abstract

This work examines the factual supposition in which a pedestrian, trying to avoid being run over by an autonomous vehicle, kills the passenger on board in order to protect his physical integrity. The above will be addressed from the perspective of the state of necessity and the double effect, digging into the axiological assessment criteria regarding a direct killing, as well as the normative substrate involved and its relationship with the figure of criminal intent or malice.