Necessity - national proceedings

Slovakia

Criminal Code

PART ONE
GENERAL PART

CHAPTER ONE
SCOPE OF THE ACT AND FOUNDATIONS OF CRIMINAL LIABILITY

Title Two
Foundations of Criminal Liability

DIVISION FOUR
CIRCUMSTANCES EXCLUDING UNLAWFULNESS OF AN ACT

Section 24
Extreme necessity

(1) An act, which otherwise gives rise to criminal liability, shall not be considered as a criminal offence if it is performed in order to avert a direct threat to an interest protected under this Act.

(2) Extreme necessity shall not be invoked where the direct threat to an interest protected under this Act could have been, under given circumstances, averted otherwise, or where the caused consequence is apparently more serious than the probable consequence of the threat. Likewise, extreme necessity shall not be invoked where the person facing a direct threat has the duty prescribed by a generally binding legal regulation to accept the risk of such a threat.


Rome Statute

Article 31 Grounds for excluding criminal responsibility

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;