Rethinking Criminal defenses of Necessity and Duress in Dubious Cases

Duress and necessity have always been considered as a defence in criminal liabilities. Due to different practical legal effects¡ it seems inevitable to recognize their distinction. As there is in some way uncertainty about the individual inclusion of these two conceptions¡ it seems effective to apply some rules. Occasionally a rule does not work in the determination of cases and one has to resort to one principle. In this article we attempt to investigate concepts like; zarurat «necessity» and ezterar compulsion «practical effects of discussion and applicable criteria such as danger¡ threat¡ existence of third party¡ determination or selection of act and enforcement of threat by the threatening. Then¡ we explain how and when one should resort to the original principle¡ if the hesitation is still present. Meanwhile¡ this article addresses the western concept of» situational duress« which is established to deal with these sorts of dubious cases.