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

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

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More information about the document 'Uzbekistan - 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 THREE. EXCULPATORY CIRCUMSTANCES

CHAPTER 9. NOTION AND TYPES OF EXCULPATORY CIRCUMSTANCES

Article 38. Extreme Necessity

An act that caused harm to rights and legitimate interests of a person shall not be a crime, if it was committed in a state of extreme necessity, that is, for preventing a danger to life or rights of the person or other individuals, interests of the State and society, and the danger could not have been prevented by other means, and if the harm caused is less serious than the prevented one.

An act committed in a state of extreme necessity shall be justified, if no excess of limits thereof occurred.

Excess of limits of extreme necessity shall be causing harm to legally protected interests, if danger could be prevented by other means or harm caused is more serious than the prevented one.

When assessing lawfulness of an act committed in the state of extreme necessity, one shall take into consideration nature and degree of the prevented danger, how actual it was and how soon was to emerge, physical abilities of a person to prevent thereof, his psychological state in the situation emerged and other circumstances of the case.

The issue of liability for damage caused to rights and legally protected interests, as a result of physical or psychological coercion, shall be resolved with due regard to the provisions of this Article.