CROATIA CRIMINAL CODE

GENERAL PART

CHAPTER THREE (iii)CRIMINAL OFFENSE

Article 30

(1) There shall be no criminal offense when the perpetrator has acted in order to avert from himself or from another an imminent danger which could not have been averted in any other way, provided that in doing so a lesser harm was done than that which had been threatened.

(2) The perpetrator is not culpable if he has committed an illegal act in order to avert from himself or from another an imminent danger which could not have been averted in any other way, provided that in doing so the harm that is done is not disproportionally greater than that which had been threatened.

(3) If, in the case referred to in paragraph 2 of this Article, the perpetrator was avoidably mistaken about the circumstances which exclude culpability, he shall be punished for negligence if, for the committed offense, the Code prescribes punishment for negligence.

(4) The defense of necessity is not available if the perpetrator was obligated to expose himself to danger.