Necessity - national proceedings

Moldova, Republic of

Moldova - Criminal Code 2002 (2009) EN

GENERAL PART

Chapter III
CIRCUMSTANCES THAT ELIMINATE THE CRIMINAL NATURE OF AN ACT

Article 38. State of Extreme Necessity

(1) An act set forth in criminal law and committed in a state of extreme necessity, shall not be considered a crime.

(2) A person who commits an act in order to save his/her or someone else's life, bodily integrity, or health or to save a public interest from an imminent danger that cannot be eliminated otherwise shall be in a state of extreme necessity.

(3) A person who at the moment of the commission of the act realizes that he/she is causing obviously more serious damages than would have occurred had the danger not been eliminated shall not be in a state of extreme necessity.

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;