GENERAL PART

SECTION THREE. EXCULPATORY CIRCUMSTANCES

CHAPTER 9. NOTION AND TYPES OF EXCULPATORY CIRCUMSTANCES

Article 36. Minor Nature of Act

An action or inaction not being socially dangerous due to minor nature thereof, though containing elements envisaged by this Code, shall not be a crime.

GENERAL PART

SECTION THREE. EXCULPATORY CIRCUMSTANCES

CHAPTER 9. NOTION AND TYPES OF EXCULPATORY CIRCUMSTANCES

Article 39. Causing Harm When Apprehending Person, Who Committed Socially Dangerous Act

Causing harm when apprehending a person, who committed a socially dangerous act with a purpose to give him in charge, if no excess of measures necessary for apprehension occurred thereat, shall not be a crime.

Excess of measures of apprehension shall be a clear inadequacy of means and ways of apprehension for danger of an act and a person who committed thereof, as well as circumstances of apprehension, when intentional harm, which is not grounded by the necessity of apprehension, is caused to the person.

When assessing the lawfulness of causing harm by apprehension of a person committed a socially dangerous act, one shall take into consideration his attempt to avoid apprehension, physical abilities of the apprehender, his psychological state in the situation emerged and other circumstances related to apprehension.

Right to apprehend a person who committed a socially dangerous act shall be granted to duly authorized officers and victims, as well as other individuals

GENERAL PART

SECTION THREE. EXCULPATORY CIRCUMSTANCES

CHAPTER 9. NOTION AND TYPES OF EXCULPATORY CIRCUMSTANCES

Article 40. Execution of Order or Another Duty

Causing harm by execution of an order or instruction, as well as of one’s duties, shall not be a crime.

A person, who committed a crime executing an intentionally criminal order or another instruction, shall be liable in accordance with the general procedure.

A person shall not be liable for non-execution or defiance of an order, instruction or functions, if he was given them unlawfully. He shall be liable only in the instance, if an act actually committed by him contains elements of another corpus delicti.

GENERAL PART

SECTION THREE. EXCULPATORY CIRCUMSTANCES

CHAPTER 9. NOTION AND TYPES OF EXCULPATORY CIRCUMSTANCES

Article 41. Justifiable Professional or Economic Risk

Causing harm to the rights and legally protected interests under justifiable professional or economic risk for a public benefit shall not be a crime.

A risk shall be considered as justifiable, if a committed action meets up-to-date scientific and technological knowledge and experience, and a purpose could not have been achieved without actions attended by some risk, and a person who took a risk took every precaution to prevent harm to rights and legally protected interests.

Under justifiable professional or economic risk a liability for harm caused shall not be incurred in the instance when a desired public benefit has not been achieved and the harm was more significant than the pursued publicly beneficial purpose.

A risk shall not be considered as justifiable, if it was knowingly connected with threat to people’s life, environmental disaster or other grave consequences.