THE STATE OF NECESSITY AS AN EXCLUSION OF THE CRIMINAL ILLEGALITY

The state of necessity was expressed as an exclusion of the criminal illegality (art. 26 § 1) or an exclusion of the guilt (art 26 § 2) in the Polish Criminal Code from 1997. This differentiation of the state of necessity is based on a different value proportion between rescued and sacrificed goods. The state of necessity excludes the criminal illegality in the situation when someone rescues goods which are more valuable than sacrificed goods. This situation is socially viable so it should be legal. The author analyses conditions of the state of necessity as an exclusion of the criminal illegality. In particular, he makes analysis of the direct danger condition and the problems with determination of value proportion between rescued and sacrificed goods.