Chapter 4 (515/2003)
Grounds for exemption from liability
Section 5 (515/2003)
Necessity
An act necessary to ward off an immediate, compelling and imminent danger to a legally protected interest, other than one referred to in section 4 above, is permissible as an act of necessity, if the act is justifiable when assessed as a whole, taking into consideration the nature and extent of the interest to be defended and the damage and harm caused by the act, the origin of the danger, and the other circumstances.
If the act committed to defend a legally protected interest is not to be deemed permissible under subsection 1, the perpetrator is, nonetheless, exempt from criminal liability, if the perpetrator could not have reasonably been expected to act otherwise, taking into consideration the importance of the interest to be defended, the unexpected and compelling nature of the situation, and the other circumstances.
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;