PART I
GENERAL PART
BOOK I
CRIMES AND CRIMINALS
TITLE III
CONDITIONS OF LIABILITY TO PUNISHMENT IN RESPECT OF CRIMES
CHAPTER II
CRIMINAL GUILT
Section II.- Lawful Acts, Justifiable Acts and Excuses
Sub-section II.- Justifiable Acts and Excuses
Article 75.- Necessity.
An act which is performed to protect from an imminent and serious danger a legal right belonging to the person who performed the act or a third party is not liable to punishment if the danger could not have been otherwise averted.
No exemption shall apply in the case of a similar act done by a person having a special professional duty to protect life or health; however, the Court may reduce the penalty without restriction (Art. 180).
Article 76.- Excess of Necessity.
If the abandonment of the threatened right could reasonably have been required in the circumstances of the case or if the encroachment upon the third party's rights exceeded what was necessary or if the doer, by his own fault, placed himself in the situation involving danger or necessity in which he found himself, the Court may, without restriction, reduce the penalty (Art. 180) .
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;