Spans in 'Tajikistan - Criminal Code' tagged with 'Necessity

'Necessity - national proceedings' in document 'Tajikistan - Criminal Code'

Jump to:

More information about the keyword 'Necessity - national proceedings'
More information about the document 'Tajikistan - Criminal Code'
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

SECTION II. CRIME

CHAPTER 8. Circumstances Excluding Criminality of Acts

Article 42. Extreme Necessity

(1) An act shall not be deemed to be a crime when interests protected by the present Code are violated due to an extreme necessity, i.e. in order to eliminate a danger threatening a person's life, health, rights, interests of the society and state if this danger couldn't be eliminated by any other means and the harm caused is less significant than the harm prevented.

(2) An excess of extreme necessity is deemed to be an injurious action not corresponding to the character and degree of the danger , and circumstances under which the danger was eliminated when the harm caused was equal or more significant than the harm prevented. Such excess involves criminal liability only in the event if an injurious action is committed intentionally.

(3) When estimating lawfulness of an act committed in the state of extreme necessity the character and degree of the danger, actual possibility and reality of its coming, real possibility of a person in order to prevent it, his emotional state and other circumstances are taken into account.