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česky | english
This article describes the Exigency in according with § 28 of Czech Criminal Code and other circumstances precluding illegality. This is the most extensive article engaged in Exigency at present.

Exigency definition: "An act, commonly classified as a crime, cannot be classified as a crime in case of staving off imminent danger, threatening to concern, protected by this law."

Exigency terms and conditions (§ 28 of Criminal Code):
  • diverts a danger
  • imminent danger
  • danger cannot be diverted another way
  • inflicted injury/damage must be less serious, than injury/damage inflicted by the danger
DIFFERENCE BETWEEN PRIVATE DEFENSE AND EXIGENCY:

PRIVATE DEFENSE EXIGENCY
attack danger
injury inflicted to the attacker only injury inflicted to anybody, even to innocent
more injury to attacker possible only less injury acceptable
not necessary to try another way of avoiding attack is necessary trying to avoid danger another way


Private defense is a privilege – not a duty – it is not an obligatory upon the defender.



Note: this text was translated and taken over from server Otokodate.