BOOK I
General provisions on felonies and misdemeanours, the persons responsible, the penalties, security measures and other consequences of criminal offences
TITLE I
On felonies and misdemeanours
CHAPTER II
On the causes of exclusion from criminal accountability
Article 20
The following persons shall not be criminally accountable :
5. Whoever, in a state of necessity, in order to avoid damage to himself or others, causes damage to another’s legally protected interest or fails to perpetrate a duty, as long as the following requisites concur :
One. The damage caused is not greater than the damage sought to be prevented ;
Two. That the situation of necessity has not been intentionally provoked by the subject ;
Three. That the person is need is not bound, due to his office or occupation, the obligation to sacrifice himself.
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;