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Democratic Aspects Of The State Of Extreme Necessity In The Criminal Field

Author

Listed:
  • Igor Soroceanu
  • Ghennadi Calcavura

Abstract

The general idea behind the state of necessity as a ground for removing the criminal character of the act in criminal cases resides on the fact that the violation of the nominal criminal prohibition in order to save a legitimate interest of another is legitimate and correct. To find out the existence of the state of extreme necessity, it is characteristic collision of two interests protected by the law, when rescue one of them is possible only by violating another. The state of extreme necessity is the direct obligation only for a certain category of persons: military, fire-fighting staff, police officers, emergency services workers, medical workers, veterans, etc. The state of extreme necessity is one of the causes that eliminates the criminal character of the act. This article is dedicated to the study of state of extreme necessity also implying the conditions of the state of necessity regarding the danger and the rescue from danger, the overcoming of the legal limits of other state of extreme necessity and its effects.

Suggested Citation

  • Igor Soroceanu & Ghennadi Calcavura, 2018. "Democratic Aspects Of The State Of Extreme Necessity In The Criminal Field," FIAT IUSTITIA, Dimitrie Cantemir Faculty of Law Cluj Napoca, Romania, vol. 12(2), pages 275-283, October.
    • Handle: RePEc:dcu:journl:v:12:y:2018:i:2:p:275-283
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    More about this item

    Keywords

    state of extreme necessity; existence of imminent danger; causing injury; obstruction of legal norms; rescue;
    All these keywords.

    JEL classification:

    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law

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