Necessity - national proceedings

Mongolia

Mongolia - Criminal Code 2002 (EN)

GENERAL PART

TITLE TWO
CRIME

CHAPTER EIGHT
CIRCUMSTANCES EXCLUDING SOCIAL DANGER OF THE CRIME

Article 42. Extreme Necessity

40.1. Any action specified in the Special Part of this Code to eliminate the danger to defend the interests of the state or society, own or others' right to life or inviolability of an individual, others rights and freedoms shall not constitute crime provided the damage inflicted to the third person is less severe than the one averted and the danger under the given circumstances could not have been eliminated by other means.

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;