GENERAL PART
Chapter III
CIRCUMSTANCES THAT ELIMINATE THE CRIMINAL NATURE OF AN ACT
Article 39. Physical and Mental Coercion
(1) An act set forth in criminal law which causes damage to legally protected interests as a result of physical or mental coercion if following such coercion the person was unable to control his/her actions shall not be considered a crime.
(2) The criminal liability for damages caused by mental or physical coercion to the interests protected by criminal law when a person preserved the capacity to control his/her actions shall be determined in line with art. 38.
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.