Article 34. Extreme necessity

1. Infliction of harm to the interests, protected by this Code in a state of extreme necessity, in other words for elimination of danger, immediately threatening to the life, health, rights and legal interests of this person or other persons, the interests of social or the state, if this danger could not be eliminated by other means and upon that exceed the limits of extreme necessity was not allowed shall be a criminal infraction.

2. Exceed of limits of extreme necessity shall be recognized as infliction of harm, obviously inconsistent to the nature and extend of threatened to the danger and circumstance, in which the danger was eliminated, when the harm was caused to the legally protected interests, equal or greater than prevented. Such exceed shall involve responsibility only in the cases of intentionally infliction of harm.

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.