Section 3 Perpetrator
Chapter 1 Penal Responsibility and its Obstacles
Part 2 Obstacles to Penal Responsibility
Second Topic - Lack of Will
Subtopic 1 - Reluctance
Article 95
Justification of Criminal Act Committed to Prevent Greater Harm
A person who for the sake of saving his own soul or good or the soul or good of someone else comes to face great and immediate danger, such as not to be able to ward it off without committing an act of crime, shall not be considered responsible provided that the person has not deliberately caused the said danger and that the damage to be avoided should be greater than the damage from the act of crime.
1. In addition to other grounds for excluding criminal responsibility provided for in this Statute, a person shall not be criminally responsible if, at the time of that person's conduct:
(c) The person acts reasonably to defend himself or herself or another person or, in the case of war crimes, property which is essential for the survival of the person or another person or property which is essential for accomplishing a military mission, against an imminent and unlawful use of force in a manner proportionate to the degree of danger to the person or the other person or property protected. The fact that the person was involved in a defensive operation conducted by forces shall not in itself constitute a ground for excluding criminal responsibility under this subparagraph;