Utmost necessity may be invoked where an interest protected by the Criminal Code (such as right to property or right to life) is endangered. An example of necessity would be a defense against a raging dog (unless the dog was directly sent by the owner, which would be case of necessary defense). The necessity may be invoked only in case of imminent danger and only if there is no other way of avoiding it (subsidiarity), such as locking oneself behind a fence or calling the police. Also, the consequence of the necessity must be less serious than the consequence of the endangering act (proportionality).
Necessity is excluded in cases where:
- the consequence of necessity is equal to or greater than that of endangerment
- the necessity continues after the endangerment has ceased
- the endangerment could have been deflected in other ways, i.e. with less serious consequences
- there is a duty to withstand the endangerment (a special situation which does not cover civilians)
Read more about this topic: Gun Politics In The Czech Republic, Self Defense With Firearms
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