Duress - national proceedings

Kazakhstan

Kazakhstan - Criminal Code 1997 (2004) EN

Section II. A Crime

Aticle 36. Physical or Psychic Coercion

1. The causation of damage to interests protected by the present Code as a result of physical coercion shall not be considered a crime, if as a consequence of such coercion a person could not control his actions (their omission).

2. The issue of criminal liability for the causation of damage to interests protected by the present Code as a result of physic coercion, as well as as a result of physical coercion, as a consequence of which a given person retained the possibility to guide his actions, shall be resolved subject to provisions of Article 34 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.