Necessity - national proceedings

Kazakhstan

Kazakhstan - Criminal Code 1997 (2004) EN

Section II. A Crime

Article 34. Extreme Necessity

1. It shall not be considered a crime to inflict damage upon the interests protected by the present Code in a situation of extreme necessity, that is, in order to eliminate a danger which directly threatens the life, health, the rights and legitimate interests of a given person or of other persons, as well as the interests of the society, if such a danger could not have been eliminated by other means, and if the limits of extreme necessity were not exceeded.

2. An exceeding of the limits of extreme necessity shall mean the causation of damage which obviously does not conform to the character and degree of threatened danger and the situation in which the danger was eliminated, when damage was inflicted upon interests which is equal to or exceeds the prevented damage. Such an excess shall entail liability only in cases of deliberate infliction of damage.

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;