'Necessity - national proceedings' 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 38. State of Extreme Necessity

(1) An act set forth in criminal law and committed in a state of extreme necessity, shall not be considered a crime.

(2) A person who commits an act in order to save his/her or someone else's life, bodily integrity, or health or to save a public interest from an imminent danger that cannot be eliminated otherwise shall be in a state of extreme necessity.

(3) A person who at the moment of the commission of the act realizes that he/she is causing obviously more serious damages than would have occurred had the danger not been eliminated shall not be in a state of extreme necessity.