BOOK I-GENERAL PART
TITLE II-THE ACT
CHAPTER III-CAUSES FOR EXCLUSION OF UNLAWFULNESS AND OF GUILT
Article 31
Exclusion of unlawfulness
b) In the exercise of a right;
BOOK I-GENERAL PART
TITLE II-THE ACT
CHAPTER III-CAUSES FOR EXCLUSION OF UNLAWFULNESS AND OF GUILT
Article 34
Necessity right
An act is not unlawful when committed as an appropriate means to avert a present danger that threatens legally protected interests of the agent or of a third person, if the following requisites are verified:
a) The danger situation must not have been voluntarily created by the agent, save in case of protecting the third person’s interest;
b) There is a sensible superiority of the interest to be safeguarded relatively to the sacrificed interest; and
c) It is reasonable to impose on the victim the sacrifice of his interest, considering the nature or value of the threatened interest.
Article 35
Exculpatory necessity state
1- Whoever commits an unlawful act appropriate to avert a present danger, not differently removable, that threatens life, physical integrity, honour or freedom of the agent or of a third person, Acts without guilt when it is not reasonable to demand, according to the circumstances of the case, a different behaviour.
2- If the danger threatens legal interests other than those referred to in the previous number, and if the rest of the preconditions there mentioned are verified, punishment may be especially mitigated or, exceptionally, the agent exempted of punishment.
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;