Condiţiile stării de necesitate
THE CONDITIONS OF THE STATE OF NECESSITY

Summary/Abstract: The state of necessity expresses a reality sometimes encountered in the social life, when, due to provocative situations endangering social values protected by the law, their salvation materializes by committing a deed provided by the criminal law. When the danger occurs, the person sees himself as having to sacrifice another social value, less important or at most of equal importance to the saved value. The deed committed in state of necessity is not a crime, it is not illicit, it is allowed by the rule of law and removes any possibility of attracting criminal liability. In principle, the state of necessity does not have the effect of removing civil liability, for most of the damage is caused to a third party who has nothing in common with the danger created.

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