Duress - national proceedings

Grenada

Grenada - Criminal Code 1987 (2007) EN

BOOK I
General Provisions

PART II
Rules as to Criminal Responsibility

TITLE II
General Explanations

15. Provisions relating to consent

(b) a consent shall be void if it is obtained by means of deceit or of duress;

BOOK I
General Provisions

PART II
Rules as to Criminal Responsibility

TITLE II
General Explanations

15. Provisions relating to consent

(f) a consent shall be deemed to have been obtained by means of deceit or of duress, or of the undue exercise of authority, or to have been given by reason of a mistake of fact, if it would have been refused but for such deceit, duress, exercise of authority or mistake, as the case may be; and

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.