GENERAL PART
Chapter Three
GENERAL PROVISIONS ON CRIMINAL OFFENCE
1. Criminal Offence and Perpetrator
Coercion
Article 23
Any act committed under coercion, which the perpetrator was not able to withstand, shall not constitute a criminal offence.
GENERAL PART
Chapter Three
GENERAL PROVISIONS ON CRIMINAL OFFENCE
1. Criminal Offence and Perpetrator
Coercion
Article 23
Any act committed under coercion, which the perpetrator was not able to withstand, shall not constitute a criminal offence.
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.