Democratic aspects of the state of extreme necessity in the criminal field
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SOROCEANU, Igor, CALCAVURA, Ghennadie. Democratic aspects of the state of extreme necessity in the criminal field. In: Fiat Iustitia, 2018, nr. 2, pp. 277-283. ISSN 1224-4015.
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Fiat Iustitia
Numărul 2 / 2018 / ISSN 1224-4015

Democratic aspects of the state of extreme necessity in the criminal field

JEL: [K 14]

Pag. 277-283

Soroceanu Igor, Calcavura Ghennadie
 
Academy “Stefan cel Mare” of MIA of the Republic of Moldova
 
 
Disponibil în IBN: 19 aprilie 2024


Rezumat

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.

Cuvinte-cheie
state of extreme necessity, existence of imminent danger, causing injury, obstruction of legal norms, rescue