Section 3 Perpetrator
Chapter 1 Penal Responsibility and its Obstacles
Part 2 Obstacles to Penal Responsibility
Article 66
Conditions Preventing Penal Responsibility
Obstacles to Penal Responsibility come into existence from the realization of any sensual indisposition or one of the instances of lack of will.
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 94
Criminal Act Committed Under Influence of Irresistible Force
A person who commits a crime under the influence of a moral or material force, repulsion of which is not possible otherwise, shall not be considered responsible.
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:
(d) The conduct which is alleged to constitute a crime within the jurisdiction of the Court has been caused by duress resulting from a threat of imminent death or of continuing or imminent serious bodily harm against that person or another person, and the person acts necessarily and reasonably to avoid this threat, provided that the person does not intend to cause a greater harm than the one sought to be avoided. Such a threat may either be:
(i) Made by other persons; or
(ii) Constituted by other circumstances beyond that person's control.