Chapter 2 Crime
Section 1 General Provisions
Article 16a
(New, SG No. 84/2013)
(1) (Previous text of Article 16a, SG No. 74/2015) An act shall not be considered culpably committed if performed by a person who is a victim of human trafficking and was forced to perform such act in direct relation to being such victim.
(2) (New, SG No. 74/2015) An act shall not be considered culpably committed if performed by a minor who was a victim of a crime under Article 155, 156, 158a, and 188(2), or by a minor who was used for the production of pornographic material and was forced to perform the act in direct relation to being such victim.
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.