Duress - national proceedings

Croatia

Croatia - Criminal Code 1997 (2008) EN

CROATIA CRIMINAL CODE

GENERAL PART

CHAPTER THREE (iii)CRIMINAL OFFENSE

Article 31

(1) There shall be no criminal offense when the perpetrator acts under the influence of irresistible coercion.

(2) If the perpetrator commits a criminal offense under resistible coercion or threat, the provisions of Article 30 of this Code shall apply, treating such coercion or threat as a danger.

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.