Necessity - national proceedings

Lao People's Democratic Republic (Laos)

Laos - Criminal Code 2017 EN

''Part I, Chapter 4, Prescription in Criminal Proceedings, And Exemption from Criminal Liabilities, Article 33 Circumstances that Lead to Exemption from Criminal Liability''

Circumstances that lead to exemption from criminal liability are as follows: (...)
4. State of necessity;

''Part I, Chapter 4, Prescription in Criminal Proceedings, And Exemption from Criminal Liabilities, Article 37 State of Necessity''

Any act taken in a state of necessity means an act taken by an individual which is necessary to avoid threats against the interests of the State or society, or against his/her own or another individual's life, health, or legitimate rights and interests, where such threats cannot be avoided by other methods and where the damage caused by such act is less than the damage that would have resulted from the threat.

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:

(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;