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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

SECTION II. CRIME

CHAPTER 8. Circumstances Excluding Criminality of Acts

Article 41. Bodily Injury Caused to a Criminal in the Course of Seizure

(1) An act is not deemed to be a crime when a criminal is injured in the course of seizure in order to hand over the detained person to the law enforcement bodies or prevent him from committing new crimes if it wasn't possible to seize the criminal by any other means and there wasn't an excess of necessary measures.

(2) An excess of measures being necessary for seizing a criminal is deemed to be an obvious discrepancy between measures taken for the detention and the character of a criminal act, degree of the social danger of the act committed by the detained and circumstances of the detention.

(3) Victims and other citizens also have the right to seizure a person who committed a crime.

(4) Appraising lawfulness of an injurious action while seizing a criminal , his acts in order to avoid seizure, his emotional state and other circumstances connected with the fact of seizure are taken into consideration.

GENERAL PART

SECTION II. CRIME

CHAPTER 8. Circumstances Excluding Criminality of Acts

Article 44. Justified Risk

(1) Any injury to the interests protected by the present Code in order to achieve a socially useful goal when the risk is justified , shall not be deemed to be a crime.

(2) Risk shall be deemed to be justified if there was no other way to achieve the goal other than by acts (omission) containing a certain risk, and a person, who did it, took all necessary measures to avoid the injury caused against the interests protected by the present Code.

(3) Risk shall be deemed not to be justified if it wittingly implied a threat against people's lives, ecological calamity, or other grave consequences.