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 71.-Absolute Coercion.
Whoever, without causing greater harm than could have suffered, commits a crime under absolute coercion which he could not possibly resist, is not liable to punishment. The person who exercised the coercion shall answer for the crime (Art. 32(1 )(c).
The Court shall determine the existence of absolute coercion, taking into account the circumstances the case, in particular the degree and nature of the coercion as well as the personal circumstances and the relationship of strength, age or dependency existing between the person who was subjected to coercion and the person who exercised it .
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.