**4. Findings of this project**

Fear has a subjective basis related to emotional disturbances that cannot be redirected to the state of necessity. The state of necessity implies a deliberate decision that, in a situation of danger, meets the subsidiarity requirement. The last requirement that is foreign to insurmountable fear. For this reason, (a) insurmountable fear is an autonomous figure of the state of necessity; (b) insurmountable fear only includes real evils; and (c) insurmountable fear only demands the requirement of a situation of current or imminent danger in situations of necessity.

The following decision tree provides a consistent basis for criminal lawyers to define, examine, and identify the alternatives to necessity defense and the unbeatable fear.
