Article 35. Force Majeure, Physical or Psychiatric (Mental) Coercion
1. The person who has inflicted harm to the interests protected by criminal law under the influence of force majeure shall not be subject to criminal liability.
2. The person who has inflicted harm to the interests protected by criminal law under the influence of physical or mental coercion shall not be subject to criminal liability, if due to it the person could not have realised or controlled his/her act.
4. A person shall not be released from criminal liability on the grounds provided for by this Article, if with the view of inflicting harm to interests protected by law, he/she personally has created a force majeure or has provoked another person to perform physical or mental coercion against himself/herself, in order to further justify his/her own infliction of harm to the interests protected by the law with force majeure and physical or mental coercion.
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.