GENERAL PART
TITLE TWO
CRIMINAL OFFENCE
1. General provisions on criminal Offences
Force and threat
Article 12
(1) An act which was committed under the influence of absolute force shall not constitute a criminal offence.
(2) If a perpetrator committed a criminal offence to eliminate danger to his good or good of another person and where such danger was represented by either force which is not absolute or a threat, the perpetrator shall be subject to the provisions of Art.ii hereof mutatis mutandum, and the force and threat shall be considered to be a danger which he did not cause.
(3) If a perpetrator committed a criminal offence under force or threat, where the conditions referred to in paras 1 and 2 hereof are not met, the perpetrator thereof may receive a lighter punishment, and where such an offence was committed under particularly mitigating circumstances, punishment may be remitted.
(4) In the cases referred to in paras 1 and 2 hereof, where the person who was under force or threat is not considered to be the principal of that criminal offence, then the person who applied force or threat shall be considered to be the principal.
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.