BOOK I-GENERAL PART

TITLE II-THE ACT

CHAPTER III-CAUSES FOR EXCLUSION OF UNLAWFULNESS AND OF GUILT

Article 31
Exclusion of unlawfulness

b) In the exercise of a right;

BOOK I-GENERAL PART

TITLE II-THE ACT

CHAPTER III-CAUSES FOR EXCLUSION OF UNLAWFULNESS AND OF GUILT

Article 34
Necessity right

An act is not unlawful when committed as an appropriate means to avert a present danger that threatens legally protected interests of the agent or of a third person, if the following requisites are verified:
a) The danger situation must not have been voluntarily created by the agent, save in case of protecting the third person’s interest;
b) There is a sensible superiority of the interest to be safeguarded relatively to the sacrificed interest; and
c) It is reasonable to impose on the victim the sacrifice of his interest, considering the nature or value of the threatened interest.


Article 35
Exculpatory necessity state

1- Whoever commits an unlawful act appropriate to avert a present danger, not differently removable, that threatens life, physical integrity, honour or freedom of the agent or of a third person, Acts without guilt when it is not reasonable to demand, according to the circumstances of the case, a different behaviour.

2- If the danger threatens legal interests other than those referred to in the previous number, and if the rest of the preconditions there mentioned are verified, punishment may be especially mitigated or, exceptionally, the agent exempted of punishment.