GENERAL PART
Chapter Three
GENERAL PROVISIONS ON CRIMINAL OFFENCE
2. Guilt and Punishability of Perpetrators
Necessity
Article 32
(1) Any person who shall commit an act, which shall have elements of a criminal offence to avert an immediate threat to his life, physical integrity, personal freedom or property necessary for survival, which he has not caused himself, shall not be found guilty if such threat could not have been averted in any other way, and the perpetrator was not obliged to expose to it as well.
(2) Any person who shall commit a criminal offense out of necessity under the conditions referred to in paragraph 1 of this Article in order to avert the threat to other values recognised by law, shall not be punished provided that the evil thus incurred does not exceed the evil which threatened him.
(3) A reduced sentence may be imposed on any perpetrator who in cases under paragraphs 1 and 2 of this Article, by reason of negligence, has caused the danger himself or whose conduct has exceeded the limits of necessity, and if the perpetrator has acted beyond such limits under particularly mitigating circumstances, his sentence may be withdrawn.
GENERAL PART
Chapter Three
GENERAL PROVISIONS ON CRIMINAL OFFENCE
2. Guilt and Punishability of Perpetrators
Necessity
Article 32
(1) Any person who shall commit an act, which shall have elements of a criminal
offence to avert an immediate threat to his life, physical integrity, personal freedom or property necessary for survival, which he has not caused himself, shall not be found guilty if such threat could not have been averted in any other way, and the perpetrator was not obliged to expose to it as well.
(2) Any person who shall commit a criminal offense out of necessity under the conditions referred to in paragraph 1 of this Article in order to avert the threat to other values recognised by law, shall not be punished provided that the evil thus incurred does not exceed the evil which threatened him.
(3) A reduced sentence may be imposed on any perpetrator who in cases under paragraphs 1 and 2 of this Article, by reason of negligence, has caused the danger himself or whose conduct has exceeded the limits of necessity, and if the perpetrator has acted beyond such limits under particularly mitigating circumstances, his sentence may be withdrawn.
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;