O estado de necessidade por coação no direito alemão

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The German Criminal Code sets out two forms of necessity defence: one is justifying necessity, which is based on the balancing of interests, and the other, excusing necessity, which merely excuses D under strictly defined conditions. Duress by threats, however, is not explicitly regulated by German law, as, with regard to the defence of necessity, the source of threat is irrelevant. It may derive from natural force or, as in the case of duress by threats, from human agency. In German legal doctrine, there is a long-standing discussion on the doctrinal classification of the defence of duress by threats, that is, whether it is solely a sub-form of excusing necessity or under certain circumstances would it be subsumed under justifying necessity. The present article discusses the arguments which have been put forward on this issue in the doctrine, as well as the legal nature of this legal institution.