hätätilaisuus

Hätätilaisuus refers to a legal concept in Finnish law concerning the extent of a person's responsibility for their actions when they are in a state of necessity or emergency. It is a defense that can be raised when an individual commits an act that would otherwise be unlawful, but does so to avert a greater harm.

The core principle of hätätilaisuus is that the law may permit or excuse an otherwise criminal act if it was committed to prevent a significant and imminent danger to life, health, property, or other legally protected interest. This danger must be so severe that it outweighs the harm caused by the act itself.

To successfully invoke the defense of hätätilaisuus, several conditions must generally be met. Firstly, there must be an actual and present danger. The threat cannot be hypothetical or speculative. Secondly, the action taken must be necessary to avert this danger. There should be no less harmful alternatives available. Thirdly, the harm caused by the act must be proportionate to, or less than, the harm that would have occurred if the action had not been taken. Finally, the individual must not have intentionally or negligently created the situation of necessity themselves.

The application of hätätilaisuus is determined on a case-by-case basis by the courts, considering the specific circumstances of each incident. It is a balancing act, weighing the severity of the threat against the illegality of the action taken. This legal principle aims to provide a just outcome in situations where individuals are forced to make difficult choices under duress.