Duress - national proceedings

Maldives

Maldives - Penal Code 2014 EN

CHAPTER 50. EXCUSE DEFENSES

Section 55 – Duress

(a) A person is excused for his offense if, at the time of the offense:

(1) he is compelled to perform the offense conduct

(2) by a threat that a person of reasonable firmness in the

person’s situation would have been unable to resist.

(b) Limitation. The defense provided in Subsection (a) is not available

in a prosecution under Section 110 (Murder).

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.