'Necessity - national proceedings' in document 'Switzerland - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Book One: 4 General Provisions

Part One: Felonies and Misdemeanours Title One: Scope of Application

Title Two: Criminal Liability

Art. 17

Any person who carries out an act that carries a criminal penalty in order to save a legal interest of his own or of another from immediate and not otherwise avertable danger, acts lawfully if by doing so he safeguards interests of higher value.

Art. 18

1 Any person who carries out an act that carries a criminal penalty in order to save himself or another from immediate and not otherwise avertable danger to life or limb, freedom, honour, property or other interests of high value shall receive a reduced penalty if he could reasonably have been expected to abandon the endangered interest.

2 If the person concerned could not have been reasonably expected to abandon the endangered interest, he does not commit an offence.