Duress - national proceedings

Tajikistan

Criminal Code of the Republic of Tajikistan (Excerpt)

GENERAL PART

SECTION II. CRIME

CHAPTER 8. Circumstances Excluding Criminality of Acts

Article 43. Physical or Mental Coercion

(1) Any injury to the interests protected by the present Code in the course of physical or mental coercion if a person couldn't direct his acts in consequence of such coercion, shall not be deemed to be a crime.

(2) The question of criminal liability for injuring interests protected by the present Code in the course of physical and mental coercion, in consequence of which a person had the possibility to direct his acts, is decided with regard to the provision of Article 42 of the present Code.

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:

(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.