Excusing necessity

Excusing necessity differs from justifying necessity: the act remains unlawful, but the offender may be excused because the law does not require heroic self-sacrifice in the circumstances. In Swiss criminal law, it is relevant when a person acts to avert an imminent danger to life, limb, liberty, honour, property or other important interests, but the balancing does not fully justify the infringement. The excuse depends on the seriousness of the danger, available alternatives, the person’s duties and whether the pressure was reasonably unbearable.