'Unique provision - defences' in document 'Moldova - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

Chapter III
CIRCUMSTANCES THAT ELIMINATE THE CRIMINAL NATURE OF AN ACT

Article 40. Reasonable Risk

(1) An act set forth in criminal law which causes damage to legally protected interests in the case of taking a reasonable risk for the achievement of a socially useful objective shall not be considered a crime.

(2) A risk shall be considered reasonable if the socially useful objective could not have been accomplished without a certain risk and if the person who undertook the risk took the necessary measures to prevent damage to legally protected interests.

(3) A risk may not be considered reasonable if it was willfully associated with a threat to a person's life or a threat to cause an environmental or social disaster.