Necessity - national proceedings

Czech Republic

Czech republic - Criminal Code 2010 (2011) EN

PART ONE GENERAL
CHAPTER III CONDITIONS PRECLUDING ILLEGALITY OF AN ACT

Section 28 Extreme Necessity
(1) An act otherwise criminal, by which a person repels an impending danger to an interest protected by this Code, shall not be considered as a criminal offence.
(2) Extreme necessity is not concerned if such danger could have been repelled otherwise under the given conditions, or if the consequences caused are evidently equally serious or even more serious than the imminent consequence, or if the person threatened by the consequence was obliged to bear it.

Section 29 Necessary Defence
(1) An act otherwise criminal, by which a person averts an impending or progressing attack to an interest protected by the Criminal Code, shall not be considered as a criminal offence.
(2) Necessary defence is not concerned, if the defence was obviously grossly disproportionate to the manner of the attack.

PART TWO SPECIAL PART
CHAPTER IX CRIMINAL OFFENCES AGAINST THE CZECH REPUBLIC, FOREIGN STATES AND INTERNATIONAL ORGANISATIONS
Division 8 Other Forms of Criminal Cooperation

Section 367 Non-prevention of Criminal Offence
(1) Whoever gains credible knowledge that another person is preparing to commit or is committing a criminal act of Murder (Section 140), Manslaughter (Section 141), Grievous bodily harm (Section 145), Torture and other cruel and inhumane treatment (Section 149), Illicit abortion of pregnancy without the consent of the pregnant woman (Section 159), Unauthorised extraction of tissues and organs (Section 164), Trafficking in human beings (Section 168), Illegal confinement (Section 170), Abduction under Section 172 (3) and (4), Robbery (Section 173), Hostage taking (Section 174), Extortion under Section 175 (3) and (4), Unauthorised use of personal data under Section 180 (4), Rape (Section 185), Sexual abuse (Section 187), Abuse of a child for production of pornography (Section 193), Maltreatment of entrusted person (Section 198), Theft under Section 205 (5), Embezzlement under Section 206 (5), Fraud under Section 209 (5), Insurance fraud under Section 210 (6), Credit fraud under Section 211 (6), Subvention fraud under Section 212 (6), Participation under Section 214 (3) and (4), Money laundering under Section 216 (4), Forgery and alteration of money (Section 233), Unauthorised obtaining, forgery and alteration of means of payment (Section 234), Unauthorised production of money (Section 237), Evasion of taxes, fees and similar compulsory payments under Section 240 (3), Abuse of information and status in commerce under Section 255 (4), Harming financial interests of European Communities under Section 260 (5), Breach of regulations on control of export of goods and technologies of dual use (Section 262), Breach of duty in export of goods and technologies of dual use (Section 263), Conducting foreign business with military material without licence or permit (Section 265), Breach of duty related to issuing permits and licenses for foreign trade with military material (Section 266), Public menace (Section 272), Development, manufacture and possession of prohibited means of combat (Section 280), Unauthorised production and possession of radioactive substances and highly dangerous substances (Section 281), Unauthorised production and possession of nuclear material and special fission material (Section 282), Unauthorised production and other disposal with narcotic and psychotropic substances and poisons (Section 283), Gaining control over aircraft, civil vessel and fixed platform (Section 290), Hijacking of aircraft to abroad (Section 292), Treason (Section 309), Subversion of the Republic (Section 310), Terrorist attack (Section 311), Terror (Section 312), Sabotage (Section 314), Espionage (Section 316), Endangering classified information (Section 317), Military treason (Section 320), Violence against a public authority under Section 323 (3) and (4), Violence against a public official under Section 325 (3) and (4), Accepting bribes (Section 331), Bribery (Section 332), Violent crossing of state borders under Section 339 (2) and (3), Organising and facilitation of unauthorised crossing of state borders under Section 340 (4), Mutiny of prisoners (Section 344), Participation in an organised criminal group under Section 361 (2) and (3), Disobeying orders under Section 375 (2) and (3), Resisting and coercion to violate military duty under Section 377 (2) and (3), Breach of rights and protected interests of soldiers of equal rank under Section 382 (3) and (4), Breach of rights and protected interests of subordinate or lower rank soldiers under Section 383 (3) and (4), Desertion (Section 386), Endangering the moral status of soldiers under Section 392 (2), Genocide (Section 400), Attack against humanity (Section 401), Apartheid and discrimination against groups of people (Section 402), Preparation of offensive war (Section 406), Relations threatening peace (Section 409), Use of prohibited means and methods of combat (Section 411), War cruelty (Section 412), Persecution of the population (Section 413), Pillage in the area of military operations (Section 414) or Abuse of internationally and state recognised symbols under Section 415 (3), and does not try to prevent commission or completion of such a criminal offence, shall be sentenced to imprisonment for up to three years; if this Act stipulates a lighter punishment for any of these criminal offences, he/she shall be sentenced to such a lighter punishment.
(2) Whoever commits an act referred to in Sub-section (1) shall not be criminally liable, if he/she could not contravene the criminal act without exposing him-/herself or a close person to danger of death, bodily harm, other serious detriment or criminal prosecution. However, stating a close person does not exclude the offender from criminal liability, if the non- prevention concerns a criminal offence of Treason (Section 309), Subversion of the Republic (Section 310), Terrorist attack (Section 311), Terror (Section 312), Sabotage (Section 314), Espionage (Section 316), Genocide (Section 400), Attack against humanity (Section 401), Apartheid and discrimination against groups of people (Section 402), Preparation of offensive war (Section 406), Use of prohibited means and methods of combat (Section 411), War cruelty (Section 412), Persecution of the population (Section 413), (Section 414) or Abuse of internationally and state recognised symbols under Section 415 (3).

Section 368 Non-reporting of Criminal Offense
(1) Whoever gains credible knowledge that another person committed a criminal act of Murder (Section 140), Grievous bodily harm (Section 145), Torture and other cruel and inhumane treatment (Section 149), Illegal confinement (Section 170), Hostage taking (Section 174), Abuse of a child for production of pornography (Section 193), Maltreatment of entrusted person (Section 198), Forgery and alteration of money (Section 233), Unauthorised obtaining, forgery and alteration of means of payment (Section 234), Unauthorised production of money (Section 237), Breach of regulations on control of export of goods and technologies of dual use (Section 262), Breach of duty in export of goods and technologies of dual use (Section 263), Conducting foreign business with military material without licence or permit (Section 265), Breach of duty related to issuing permits and licenses for foreign trade with military material (Section 266), Public menace (Section 272), Development, manufacture and possession of prohibited means of combat (Section 280), Unauthorised production and possession of radioactive substances and highly dangerous substances (Section 281), Unauthorised production and possession of nuclear material and special fission material (Section 282), Gaining control over aircraft, civil vessel and fixed platform (Section 290), Hijacking of aircraft to abroad (Section 292), Treason (Section 309), Subversion of the Republic (Section 310), Terrorist attack (Section 311), Terror (Section 312), Sabotage (Section 314), Espionage (Section 316), Endangering classified information (Section 317), Military treason (Section 320), Accepting bribes (Section 331), Bribery (Section 332), Participation in an organised criminal group under Section 361 (2) and (3), Genocide (Section 400), Attack against humanity (Section 401), Apartheid and discrimination against groups of people (Section 402), Preparation of offensive war (Section 406), Use of prohibited means and methods of combat (Section 411), War cruelty (Section 412), Persecution of the population (Section 413), (Section 414) or Abuse of internationally and state recognised symbols under Section 415 (3), and fails to immediately report such a criminal act to the public prosecutor or police authority, or if a soldier is concerned, to their superior, shall be sentenced to imprisonment for up to three years; if this Act stipulates a lighter punishment for any of these criminal offences, he/she shall be sentenced to such a lighter punishment.
(2) Whoever commits an act referred to in Sub-section (1) shall not be criminally liable, if he/she could not report the criminal act without exposing him-/herself or a close person to danger of death, bodily harm, other serious detriment or criminal prosecution.

Czech republic - Criminal Procedure Code 1961 (2012) EN

PART ONE
GENERAL PART

CHAPTER III
CONDITIONS PRECLUDING ILLEGALITY OF AN ACT

Section 28 Extreme Necessity
(1) An act otherwise criminal, by which a person repels an impending danger to an interest protected by this Code, shall not be considered as a criminal offence.
(2) Extreme necessity is not concerned if such danger could have been repelled otherwise under the given conditions, or if the consequences caused are evidently equally serious or even more serious than the imminent consequence, or if the person threatened by the consequence was obliged to bear it.

Section 29 Necessary Defence
(1) An act otherwise criminal, by which a person averts an impending or progressing attack to an interest protected by the Criminal Code, shall not be considered as a criminal offence.
(2) Necessary defence is not concerned, if the defence was obviously grossly disproportionate to the manner of the attack.

PART TWO
SPECIAL PART

CHAPTER X
CRIMINAL OFFENCES AGAINST ORDER IN PUBLIC MATTERS

Division 8
Other Forms of Criminal Cooperation

Section 367 Non-prevention of Criminal Offence
(2) Whoever commits an act referred to in Sub-section (1) shall not be criminally liable, if
he/she could not contravene the criminal act without exposing him-/herself or a close person
to danger of death, bodily harm, other serious detriment or criminal prosecution. However,
stating a close person does not exclude the offender from criminal liability, if the nonprevention concerns a criminal offence of Treason (Section 309), Subversion of the Republic
(Section 310), Terrorist attack (Section 311), Terror (Section 312), Sabotage (Section 314),
Espionage (Section 316), Genocide (Section 400), Attack against humanity (Section 401),
Apartheid and discrimination against groups of people (Section 402), Preparation of offensive
war (Section 406), Use of prohibited means and methods of combat (Section 411), War cruelty (Section 412), Persecution of the population (Section 413), (Section 414) or Abuse of internationally and state recognised symbols under Section 415 (3).

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;