General Part

Section 2.

Crime.

Chapter 8.

Circumstances excluding the criminality of the act.

Article 42. Necessary defense.

1. The action committed in the state of necessary defense, is not considered a crime, i.e., when defending the life, health and rights of the defender or other person, or defending the state interests from socially dangerous encroachments, or from a real threat, defending oneself by inflicting damage to the perpetrator of the encroachment, provided the necessary defense was not exceeded.

2. When defending a person’s life from dangerous violence or real threat of such violence, any damage can be inflicted, including death.

3. The person is entitled to the right of necessary defense, regardless of the possibility to avoid the encroachment or to appeal to other persons or state bodies, as well as, regardless of the person’s special training or official position.

4. Such deliberate actions which obviously for the self-defender are inadequate with the nature and extent of danger of the encroachment are considered acts of excessive defense.

5. Use of weapon or any other means or objects for the purpose of defense from assault of an armed person or assault of a group of persons, as well as for the purpose of prevention of illegal and forced intrusion into an apartment or other building, is not considered an act of excessive defense, irrespective of the degree of damage incurred by the offender.

General Part

Section 2.

Crime.

Chapter 8.

Circumstances excluding the criminality of the act.

Article 44. Urgent necessity.

1. Inflicting damage to the interests protected by criminal law in the state of urgent necessity, is not considered a crime, i.e., to eliminate the imminent danger to the life, health, rights and legal interests of the given person or persons, to the interests of the society or the state, if this danger could not be eliminated by other means and no limits of urgent necessity have been exceeded.

2. Willfully inflicted damage obviously disproportionate to the imminent danger, its degree and the considerations of elimination of the danger, when the legally protected interests suffered equal or greater damage compared to the prevented damage, is considered exceeding of urgent necessity.

General Part

Section 2.

Crime.

Chapter 8.

Circumstances excluding the criminality of the act.

Article 46. Justified risk.

1. Inflicting damage to the interests protected by criminal law is not considered a crime, when undertaking justified risk to achieve socially useful goals.

2. Risk is considered justified, if the mentioned goal could not be achieved without an action (or inaction) of risk, and when the risking person takes measures to prevent the danger to the interests protected by criminal law.

3. Risk is considered unjustified, if it obviously involves the death of third persons, or the threat of an ecological or public disaster.