Necessity - national proceedings

Montenegro

Montenegro - Criminal Code 2003 (2018) (EN)

GENERAL PART

TITLE TWO
CRIMINAL OFFENCE

1. General provisions on criminal Offences

Extreme necessity

Article 11
(1) An act committed in extreme necessity shall not constitute a criminal offence.

(2) Extreme necessity is a condition under which a perpetrator committed an act to eliminate concurrent or imminent danger to his good or good of another person which he did not cause and which could not have been eliminated in any other manner, provided that the harm caused thereby does not exceed the harm threatened.

(3) Where a perpetrator caused danger by negligence, or where he exceeded the limits of extreme necessity, he may receive a lighter punishment, and where he exceeded the limits under particularly mitigating circumstances, punishment may be remitted.

(4) Where a perpetrator was under an obligation to expose himself to the danger threatened, such an act may not constitute 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;