Duress - national proceedings

Kosovo

Kosovo - Criminal Code 2019 EN

Article 14 Violence or threat
1.An act committed under the influence of unbearable violence or unbearable threat is not a criminal offense. An act will only be considered to have been committed under influence of unbearable violence or unbearable threat if, when the danger ceases to exist, the person immediately reports the influence of unbearable violence or unbearable threat and the unlawful act to the competent authority.
2.If the criminal offense is committed under the influence of a bearable violence or bearable threat the punishment may be reduced. An act will only be considered to have been committed under influence of bearable violence or bearable threat if, when the danger ceases to exist, the person immediately reports the influence of unbearable violence or unbearable threat and the unlawful act to the competent authority.
3. Whoever uses the violence or threat as provided for in paragraph 1. and 2. of this Article, is considered a perpetrator of a criminal offense.
Article 15
Acts committed under coercion
1. An act committed under coercion is not a criminal offense.
2.An act is committed under coercion when a person, faced with imminent force, or threat of violence endangering life, body or liberty which cannot otherwise be avoided, commits an unlawful act to avert the danger from himself, herself or other person. An act will only be considered to have been committed under coercion if, when the danger ceases to exist, the person immediately reports the coercion and the unlawful act to the competent authority.
3. An act is not committed under coercion if, and to the extent that, the perpetrator could be expected under the circumstances to accept the danger, in particular because he or she caused the danger or because he or she was under a legal obligation to face such imminent force or threat of violence. In such circumstances the punishment may be reduced.

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.