n and Necessity in Iraqi Criminal Law

Abstract

What is meant by a state of necessity is when a person finds himself in circumstances that threaten him with danger that there is no way to avoid except by committing a crime, and that crime is called a crime of necessity. Most often, in cases of necessity, it is not the result of human labor, but rather the result of the forces of nature.

     The state of necessity agrees with moral coercion in that the offender finds no way to escape from the evil besetting him except by committing the crime. But it differs from coercion in that the latter threatens the offender with evil by the coercer to force him to commit the crime, so he commits it out of fear of the threat. However, in the case of necessity, he commits the crime on his own without anyone intending to resort to it. Therefore, freedom of choice is more restricted under moral coercion than it is under moral coercion. State of necessity.