Publication date: 30.05.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
Extreme necessity is a legal term that denotes a circumstance that excludes criminal wrongdoing and means a situation when the protection of a certain valuable object can be carried out only by causing damage to another, less valuable object, in conditions of immediate danger. The application of the principle of extreme necessity may have legal consequences, in particular, recognition of the action as lawful, even if it led to damage. However, to recognize the application of this principle, it may be necessary to establish conditions such as immediate danger to life or property, lack of other available means of protection, etc.
Objects of extreme necessity:
The object of protection in case of extreme necessity can be anything that is important and needs protection in conditions of immediate danger. This may include:
Life and health of people: The most important object of protection is life and health of people. In cases where there is a danger to the life or health of people, the use of emergency measures may be justified to protect them.
Property and property values: In some cases, the protection of property and property values may be considered an object of extreme necessity. For example, protecting a building from fire or theft may justify the use of measures even if it results in damage to other property.
Public safety: Protection of public safety, for example in the event of a threat of terrorist or criminal acts, may also be an object of urgent need. In such cases, protective measures may be justified to prevent a danger to public safety.
Conditions of extreme necessity:
The legality of extreme necessity is determined on the basis of a number of objective conditions and criteria. Here are some of them:
1. Imminent danger: Existence of immediate danger to life, health or property that requires immediate action to prevent harm.
2. Absence of alternative means: The use of extreme necessity is allowed only when there are no other effective means to protect the object.
3. Proportionality of measures: The application of emergency measures must be proportional to the degree of danger and protection of the object.
4. Objective perception of danger: A person who applies extreme necessity must objectively perceive the existing danger and react to it.
5. Absence of abuse: Use of extreme necessity should not be used as an excuse for abuse or arbitrary action.
6. Inevitability of danger: a danger is considered unavoidable if the existence of this danger could not be avoided or eliminated by other available means. This may occur in situations where an emergency or threat arises that requires immediate action to prevent greater harm.
7. Validity of the danger: the danger causing extreme necessity must be real and objective. This means that the existence of danger must be confirmed by objective circumstances that can be perceived independently of personal views or feelings.
The difference between extreme necessity and necessary defense:
1. In the case of extreme necessity, it is permissible to cause harm to third parties, and in the case of applying the necessary defense, self-defense actions must be directed exclusively at the attacker.
2. Actions in cases of extreme necessity are carried out under the condition that the threat of danger could not be prevented in any other way. In turn, the necessary defense is applied regardless of the possibility of appealing to representatives of the authorities.
3. In case of extreme necessity, the damage caused must be less than averted, and in the case of necessary defense, the damage must correspond to the situation of defense.
Exceeding the limits of extreme necessity:
exceeding the limits of extreme necessity is considered intentional damage to certain goods or values, which goes beyond the scope of those measures that were necessary to protect against imminent danger. In such cases, appropriate legal liability may apply for damage caused as a result of exceeding the limits of extreme necessity. Such actions can be considered as a case of improperly taking measures in self-defense, which go beyond the limits of necessity and reasonableness. If exceeding the limits of extreme necessity is accompanied by the commission of criminally punishable actions, such as intentional harm, bodily injury or death of another person, then a criminal case may be initiated and appropriate sanctions may be applied in accordance with the Criminal Code of Ukraine.
Legal opinion of a lawyer in criminal cases:
A criminal lawyer will provide protection to a client at any stage of criminal proceedings. A criminal lawyer's consultation will collect evidence, accompany during investigative actions, challenge illegal actions, inaction, and form a defense strategy. When choosing a preventive measure, a criminal lawyer will take into account all the circumstances, point them out to the investigating judge, the court, conduct a legal analysis of the situation, and if there are grounds, file a petition, complaints, etc. Therefore, a lawyer in criminal cases plays an exclusive role in providing full support to his client at each of the stages.
