Extreme Necessity

Extreme Necessity

 

in criminal law, a condition under which a person eliminates a danger threatening state, public, or personal interests by committing acts that cause harm and thus, externally, have the characteristics of a crime. Under Soviet criminal law, acts committed in a state of extreme necessity do not constitute a crime if the impending danger could not have been avoided by any other means and if the harm caused by these acts was less significant than the harm prevented (for example, Criminal Code of the RSFSR, art. 14). The criminal law of other socialist countries also provides for extreme necessity. As in Soviet laws, the criminal codes of these nations establish that acts committed in extreme necessity are socially useful and do not entail criminal liability.

The laws of capitalist countries do not ordinarily contain precise criteria for extreme necessity. In some countries, for example, Great Britain and the United States, there are no general norms defining this concept. Extreme necessity is mentioned (without an explanation of its characteristics) only in the norms concerning liability for specific crimes. The writings of jurists give an imprecise interpretation of extreme necessity, for example, British doctrine does not make the commission of an act of defense in extreme necessity dependent on any condition and considers that in such a situation one should do whatever is necessary, without considering the consequences. Extreme necessity should be distinguished from necessary defense.

References in classic literature ?
This man, who might have brought us to the king in three days, led us out of the way through horrid deserts destitute of water, or where what we found was so foul, nauseous, and offensive, that it excited a loathing and aversion which nothing but extreme necessity could have overcome.
The Carthaginians, reduced to extreme necessity, were compelled to come to terms with Agathocles, and, leaving Sicily to him, had to be content with the possession of Africa.
The reader may remember, that when I signed those articles upon which I recovered my liberty, there were some which I disliked, upon account of their being too servile; neither could anything but an extreme necessity have forced me to submit.
There was a youth and his mother and a maid-servant on board, who were passengers, and thinking the ship was ready to sail, unhappily came on board the evening before the hurricane began; and having no provisions of their own left, they were in a more deplorable condition than the rest: for the seamen being reduced to such an extreme necessity themselves, had no compassion, we may be sure, for the poor passengers; and they were, indeed, in such a condition that their misery is very hard to describe.
Presidential Spokesperson Harry Roque, in a statement, echoed the statement of the Office of the Executive Secretary (OES) that the suspension of the commissioners would have impaired public service," thus the TRO is founded on extreme necessity.
Per the Office of the Executive Secretary, the temporary restraining order (TRO) issued by the Court of Appeals (CA) is founded on extreme necessity,' Presidential Spokesperson Harry Roque said.
Ghoul said that the immediate ratification of the martyrs' families compensation law is of extreme necessity.
The minister said travel by government officials would be rationalized and would be carried out only in case of extreme necessity and travel of government officials and heads of companies and institutions would be conditional with the approval of the council of minister.
He further said: "Whoever fears for himself falling for what is forbidden, such as drinking alcohol, should not travel, except when it becomes an extreme necessity.
Thus, there is an extreme necessity to employ armor, artillery and airpower capabilities in support to our infantry units to breach fortified walls, decks and undergrounds of buildings constructed to be virtual fortresses, Lorenza said.
Other recommendations made by the council are that licensing authorities of the Dubai Police or RTA should be notified in case of any events such as car racing, injured persons should be transferred only by ambulances from accident sites and that wheel chairs with the sick and special needs and elderly people are not allowed on roads except in cases of extreme necessity.
And, with the outcome of the nale already having been aired Stateside, I've spent the past week using the internet only in cases of extreme necessity, lest I accidentally stumble across some errant sentence or photo (Billy Bob ornton lying dead in the bloodsoaked snow, say) and burst my own balloon.