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.
In the case of having a mental illness, this is an extreme necessity. Without these appropriate environments or treatments, the mentally ill won't have that stability needed to recover.
20, it directed the convening of its advisory committee to monitor and verify the implementation of its decision, emphasizing the "extreme necessity for all concerned executive departments and agencies to immediately act and discharge their respective official duties and obligationshellip [and] set timetables for performance and completion of the taskshellip" And President Duterte has formed a task force to fast-track the rehabilitation of Manila Bay.
"In light of all the above, the Kingdom has to vote in favor of the UN resolution on the human rights situation in Iran," he said, adding that "The Kingdom affirms the sovereign right of states to determine their judicial systems and penal provisions, while believing in the need to limit the application of death sentences, in cases of extreme necessity." Iran also stresses the importance of Iran refraining from harboring terrorists and granting them safe haven, such fugitive Hezbollah, IS and Qaeda network fighters, he pointed out.
In a statement on Wednesday, OHCHR stated that Israeli soldiers may resort to lethal force in cases of extreme necessity, as a last resort in response to an imminent threat of death or risk of serious injury, Palinfo reported.
On the other hand, the head of the Fatah list in Babylon Habib al-Halawi pointed out that the popular crowd and the armed factions will not intervene in the work of the new bloc except in case of extreme necessity. "/ End
The Ministry of Health (MoH) on Wednesday urged all citizens and residents to avoid travelling to Kozhikode and Malappuram in the south Indian state of Kerala unless in cases of extreme necessity.
present only in cases of extreme necessity. The Ministry also calls upon
Therefore, the Ministry argues all citizens and residents to avoid traveling to Kozhikode and Malappuram in Kerala at present, except in cases of extreme necessity. The Ministry also calls upon those coming from these areas to visit health institutions in case any symptoms associated with fever appear, within three weeks of their return," the MoH said.