Abstract
The Institution of Necessity as Excuse is known mainly in the German-speaking countries, but also in other legal areas under the influence of Germanic law (for example in Poland), but it has not been accepted in the penal code during the re-codification of Czech criminal law. This institution is based on a distinction between circumstances precluding wrongfulness (illegality), which are examined in the context of injustice, and circumstances excluding or excusing the guilt, which must be taken into account in the examination of the individual's guilt, as to what extent he can be blamed.
The author deals with the question whether it would be appropriate and necessary to codify this institution in our country and whether and to what extent the legislator can do so without changing the theory's approach to the concept of crime and the system of criminal offenses.