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Legislation

Extreme emergency (§ 28 TZ)

Plain-language definition

Circumstance excluding illegality, when the danger directly threatening an interest protected by criminal law is averted.

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September 4, 2026updated

Extreme emergency is dealt with in security practice when there is a need to avert an immediate danger, but it is not a human attack in the sense of necessary defense. Typically, it can be a fire, panic in the crowd, a technical fault or imminent damage to health and property.

Difference vs Necessary Defense

U necessary defenses the attack is parried. In an extreme emergency, danger is averted. In both cases, reasonableness and the ability to later describe why a particular course of action was necessary is important.

For the team at the event or facility, it is practical to have scenarios in advance: who makes decisions, who communicates, when EMS is called and how evidence is protected after an incident.

The Criminal Code also sets two important limits: the danger must not be capable of being averted otherwise in the circumstances, and the resulting harm must not be manifestly as serious as, or more serious than, the harm that was threatened. A specific case therefore cannot be assessed from the label given to the situation alone; the actual circumstances and available alternatives are decisive.

Review and sources

Verified sources for this term

Updated September 4, 2026

Example and common misunderstanding

Example of use

Illustrative example: if smoke suddenly fills part of a site, the officer closes visitor access, informs the responsible person and follows the fire and evacuation plan. Whether this legally constitutes necessity depends on the specific circumstances.

Common misconception

Treating necessity as a general permission to break rules as a precaution. The assessment concerns imminent danger, available alternatives and the proportionality of the resulting harm.