Duress - national proceedings

Lesotho

Lesotho - Penal Code Act 2010 EN

PART II - GENERAL PRINCIPLES OF CRIMINAL LIABILITY

Compulsion
17. A person who commits an offence as a result of a threat of immediate and serious bodily harm either to himself or herself or to a member of his or her immediate family shall not be liable if -

(a) he or she had not intentionally or negligently placed himself or herself in circumstances where he or she should have foreseen the likelihood of he or she being subjected to such a threat; or

(b) he or she is not a member, agent or servant of a criminal group;

(c) the threat was not one which could at any time before the commission of the offence have been avoided; or

(d) the threat was one which would have and did in fact induce the accused to commit the offence.

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.