Every person throughout his life is forced to defend his interests. This may be personal interests or the interests of his family. They can be associated with a career, the state, etc. There are situations when a person has to give up someone else's interests in favor of his own. This is his personal choice. But sometimes situations arise in which a person cannot do otherwise.
Causing Mischief
An extreme need is a life situation in which an individual, while protecting the interests of his own, family, state or society, is forced to harm the interests of another person. Thus, a person protects himself from possible damage.
The infliction of harm in a state of emergency in accordance with the Criminal Code is a circumstance excluding a criminal act. If proved, no punishment will follow.
An urgent need is a conflict of interest between the two sides. There are a lot of examples of such conflicts. This act is not considered criminally punishable, since in an emergency situation there is no way to protect the interests of both parties. An example is the prevention of the consequences of a natural disaster with building materials that were intended for other purposes.
Under what conditions are actions recognized legitimate
It is important to remember that when trying to help, certain conditions must be met. Otherwise, the state of emergency will not prove.
There are several points that can be highlighted:
- A possible danger threatens law enforcement interests. It can come from a natural disaster, animal illness, equipment malfunction, which carry a public danger, or pathology in the human body. There are situations when a person creates and eliminates an emergency situation on his own. In this case, he will be punished in accordance with the Criminal Code of the Russian Federation only if he tries to harm other interests.
- Elimination of the danger is impossible, except by causing damage to law enforcement interests. In the case where it is possible to resolve the problem in another way, without harming the interests of others, criminal liability may arise in accordance with the Criminal Code of the Russian Federation.
- A possible danger may occur immediately at the nearest time. If danger can occur in the near future, then harm to law enforcement interests will entail criminal punishment. It is impossible to carry out an act of extreme necessity and in case of danger that has already passed, since the protected goods are already irretrievably lost.
- Prevented harm must necessarily exceed the inflicted. This means that extreme limits must not be allowed.
Hazards prescribed by law
Extreme need does not arise with every type of danger. The legislation of the Russian Federation has identified several types of danger that should be considered in more detail:
- Danger arising in connection with a specific condition of a person. For example, childbirth, infancy, prolonged fasting or dehydration, disability, insanity, or a sudden attack of the disease.
- Danger of a technogenic nature that has arisen as a result of the use of a variety of technical devices or technological processes.
- The danger resulting from the epidemic, the rapid spread of serious infectious diseases.
- Danger due to attack by domestic or wild animals on humans or on property.
- Danger in case of emergency. For example, plane or car crashes, fires, riots.
- Danger arising in a situation of combining two or more duties. For example, if there are several sick patients, the doctor does not have time to help everyone.
- Danger due to unlawful or indifferent human behavior. An example of unlawful actions is hostage-taking, and an example of indifferent actions is ignoring traffic rules.
- Danger arising from natural disasters. For example, floods, earthquakes, hurricanes, convergence of mudflows, avalanches, storms, tornadoes, tsunamis, snowfalls, landslides.
Legitimacy of protection against impending danger
The legitimacy of the extreme need for law is a prerequisite for avoiding punishment. There are several types of legal protection of protected interests that need to be considered in more detail.
Doing harm is the only way to protect
The only way to eliminate the danger is to do harm. The legislation of the Russian Federation emphasizes that the key phrase in this expression is "the only way." Subsequently, in proving the situation of extreme necessity, it will be necessary to present the facts that the damage to the protected interests was a forced and the only way out of this situation.
And also the fact that the person who caused the harm did not have any other opportunity to protect the protected interests. It is worth considering an example when a person who is in a state of emergency has several ways out of this situation. This may be a situation of salvation of a bleeding person.
To avoid death, the rescuer can hack into the nearest pharmacy and take the necessary medications, steal someone else's car in order to deliver the victim to the hospital or call for help on the phone, which had to be taken from a passerby. In this situation, the rescuer is not required to choose an option that will bring less damage. The main thing is that the damage caused is less than prevented.
Damage may be caused to third parties.
Damage to third parties. It is worth understanding the concept of third parties. This can be an individual, society as a whole or the state. The third party is not the person who caused the danger. These are people who not only did not cause the danger that arose, but do not even suspect it. In conditions of extreme necessity, the law allows him to cause harm not exceeding that prevented.
Protection of interests did not exceed the required limits
Protection in an emergency situation did not exceed its limits. It is also impossible to cause harm commensurate with the prevented. For example, it is impossible to save the life of one person at the expense of the life of another. This is an important condition for protecting protected interests. Otherwise, punishment is possible in accordance with the Criminal Code.
Exceeding Necessary Limits
Despite the fact that a crime committed to protect protected interests, in accordance with Art. 39 of the Criminal Code is not a criminal offense, there are situations in which punishment can still follow. For example, exceeding the limits allowed by law.
Exceeding the limits of emergency occurs when the harm done is much greater than prevented. It is also possible that the danger was not sufficient for a person to perform any specific actions that would cause harm to others' interests.
Hazardous situations
Everyone has the right to make important decisions on their own. Therefore, to take part in a situation of extreme necessity or to leave it unattended and to continue to do nothing is everyone’s right. It should be remembered that the punishment for inaction in this situation does not exist. The Criminal Code does not provide for such penalties.
Actions in an emergency are mandatory only for officials. For example, a firefighter cannot be inactive during a fire if he is at the workplace. This is his direct job responsibilities. For the failure of which he will incur a certain punishment.
Necessary defense
Some people often confuse the concepts of emergency and necessary defense.
The necessary defense is the legitimate protection of a person or his interests, as well as the interests of society or the state against encroachment by a socially dangerous person. The harm is caused to the person who is a danger to his health or property.
As well as extreme necessity, the necessary defense is a factor excluding a criminal act. There are a number of conditions under which forced actions are considered legitimate:
1. The necessary defense can be taken only in situations of criminal assault. I.e:
- criminal assault can be not only intentional, but also through negligence;
- the prevented criminal act must be provided for in the Criminal Code;
- in case of committing a criminal act by minors, the defender is obliged to remember the moral side of the conflict;
- the necessary defense is possible not only with one's actions, but also with inaction;
- necessary defense can be directed against officials in the event that they carry danger;
- the necessary defense can be carried out not only by the person against whom the illegal actions are committed, but also by a third person who is trying to protect the interests of the former;
2. The necessary defense cannot be recognized in the case when the defender independently provoked the attacker with the aim of causing him harm, as well as in case of attack in the absence of danger.
3. The necessary defense is possible only against the encroachment that is taking place at the moment and has not yet ended.
4. The necessary defense is possible only with respect to the perpetrator of the act, but not to third parties.
5. The necessary defense without restrictions arises in the case of protecting human life.
Differences between the state of emergency and necessary defense
Each person should know what the difference between these concepts from each other. The main difference is the fact that when absolutely necessary, the danger comes from natural disasters, malfunctioning mechanisms, animal attacks, etc. With the necessary defense, the danger can come only from humans.
Extreme need makes a person think about the consequences and the harm done, and the necessary defense (in the event of a life threat to the victim) does not pay attention to the harm done. In this case, it does not matter how severe the harm is, there is no correlation of the harm prevented and caused.
The extreme need of the Russian Federation is the concept of the Criminal Code. Every person needs to know what it means. Indeed, in life there are various situations. It should be understood that each concept provided for in the Criminal Code has limits that should not be violated. And the excess of emergency is punishable in accordance with the laws of the Russian Federation.