Nødrett

Nødrett is a legal principle found in Norwegian and other Nordic criminal law systems that allows actions which would normally be illegal in order to prevent imminent and greater harm. It functions as a defense or justification for conduct undertaken to avert danger to life, health, or property when no reasonable alternative is available.

For nødsrett to apply, several conditions are typically required: the threat must be imminent or ongoing; the actor must have acted to prevent the harm with no adequate legal remedy or safer option; the act must be proportionate to the harm sought to be avoided; and the actor must not have contributed to creating the dangerous situation. In many jurisdictions, the individual appealing to nødrett must have acted in good faith and out of necessity rather than opportunism.

The scope of nødsrett covers a range of acts taken to prevent harm, including entering property, violating rules, or otherwise taking action that would normally be unlawful. However, it is not a free license to break laws, and the proportionality and necessity of the act are central when courts assess liability. If the criteria are not met, criminal or civil liability may apply.

In practice, nødsrett serves to balance the protection of life and safety against the demands of the law. It is distinguished from self-defence, which addresses immediate unlawful aggression, whereas nødsrett concerns preventing harm that may arise from a dangerous situation. The exact rules and thresholds can vary by jurisdiction.