Duress - national proceedings

Cook Islands

Cook Islands - Crimes Act 1969 EN

COOK ISLANDS - CRIMES ACT 1969

PART III - MATTERS OF JUSTIFICATION OR EXCUSE

Compulsion

27. Compulsion - (1) Subject to the provisions of this section, a person who commits an offence under compulsion by threats of immediate death or grievous bodily harm from a person who in present when the offence in committed that protected from criminal responsibility if he believes at the threats will be carried out and if he is not a party to any association or conspiracy whereby he is subject to compulsion.

(2) Nothing in subsection (1) of this section shall apply where the offence committed is aiding or abetting rapes or is an offence specified in any of the following provisions of this Act, namely:

(a) Section 75 (treason) or section 80 (communicating secrets);

(b) Section 81 (sabotage);

(c) Section 103 (piracy);

(d) Section 104 (piratical acts);

(e) Sections 187 and 188 (murder);

(f) Section 193 (attempt to murder);

(g) Section 208 (wounding with intent);

(h) Subsection (1) of section 209 (injuring with intent to cause grievous bodily harm);

(i) Section 230 (abduction);

(j) Section 231 (kidnapping);

(k) Section 256 (robbery);

(l) Section 317 (arson).

(3) Where a married woman commits an offence, the fact that her husband was present at the commission of it shall not of itself raise the presumption of compulsion .

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.