The Criminal Code offense under the act of understanding human behavior, manifested in action, and inaction, the consequences of which socially dangerous, violate the rights of other citizens, society and state.For example, murder - it is definitely a crime.But there are circumstances justifying the behavior that led to the death of another person and causing lack of punishment for the act.
There are many exceptions: Kill an enemy in the war on the order of, the death of the robber, was taken to the house, killing a criminal arrest.That is an urgent need as a special circumstance in the behavior of citizens is also regarded as a condition precluding criminality.
Article 39 of the Criminal Code of the Russian Federation, the urgent need is treated as the circumstances surrounding the removal of danger to the person or other persons resulting from actions of a third party, natural phenomena or technical processes, eventually causes damage to other people, not involveda situation.
often in people's minds there is a substitution of concepts such as self-defense and extreme necessity.The key point to distinguish these circumstances, is the status of the injured person.In the first case, the victim had threatened your life, health or property.For example, a thief got into the house, but as a result of your self-defense received a head injury.Accordingly, if the victim did not have any relation to the occurred to you or others threatened, then it is absolutely necessary.Example: you go on the sidewalk, you can see how the car is rushing toward.To save his life jump to the side, pushing passer, he falls and gets a head injury.
Most urgent need is the main cause of the actions of police officers, firefighters, medics.The broken windows of shops, accidents, blown premises - an integral part of the everyday work of law enforcement.All due to the circumstances and is essential.The main thing that the damage caused by such actions could be related to the liquidated threat.The same provisions of the Criminal Code operates in medicine.To save the life of a man caught in an accident, the doctor decides to amputate his leg.Damage to the subject, of course, is great, but the actions of a doctor is quite justified.You can also see an example of health care stranger or a loved one.A pregnant woman fell down in the street, started bleeding passer stole someone else's car to deliver a woman in labor to the hospital.Threats may also come from natural phenomena.For example, during the tsunami man stole someone else's car to save the life of his family.
At the same time, it is important to know that the Criminal Code sets the rules under which the excess can be stated absolutely necessary.You can not save a single life, while killing the other, to break a car a neighbor to keep his.Harm as a result of legal entity shall not exceed the threat really existed for a person or society.
