General Part

Section 2.

Crime.

Chapter 8.

Circumstances excluding the criminality of the act.

Article 43. Inflicting damage when capturing the perpetrator.

1. The actions whereby damage was inflicted to the perpetrator when capturing him, in order to hand him over to the authorized bodies or to prevent him from committing new socially dangerous actions, are not considered a crime, provided the necessary measures have not been exceeded.

2. The measures necessary to capture the perpetrator are considered excessive, if there is obvious disproportion between the capturing measures and the danger of the action and the perpetrator, as well as, the circumstances of capture, as a result of which damage was willfully inflicted to the person which was not determined by the necessity of capturing.

3. The act of excessive damage inflicted when capturing the perpetrator is a crime, if this is particularly envisaged in the Special Part of this Code.

4. Except specially authorized parsons, the aggrieved person and other citizens also are entitled to capture the perpetrator of the crime .

General Part

Section 2.

Crime.

Chapter 8.

Circumstances excluding the criminality of the act.

Article 45. Physical or psychiatric enforcement.

1. Inflicting damage to the interests protected by criminal law by means of physical or psychiatric enforcement, is not considered a crime, if as a result of this enforcement the person could not control his actions (inaction).

2. The issue of criminal liability, when damage is inflicted to legally protected interests by means of physical or psychiatric enforcement, which do not deprive the person of the capability of controlling one’s actions, is resolved taking into account the propositions of Article 46 of this Code .