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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

Chapter Three
CRIMINAL OFFENCE

1. General provisions on Criminal Offence

Extreme Necessity
Article 20

(1) An act committed in extreme necessity shall not constitute a criminal offence.

(2) Extreme necessity exists when an act is committed by the perpetrator to repel from his person or the person of another a concurrent unprovoked danger that could not be otherwise repelled, and the damage inflicted does not exceed the damage threatened.

(3) Punishment of a perpetrator who caused the danger himself, but due to negligence or has exceeded the limits of extreme necessity, may be mitigated. A perpetrator who has exceeded the limits of extreme necessity under particularly extenuating circumstances, may receive remittance of punishment.

(4) There is no Extreme necessity if the offender was under obligation to expose himself to imminent danger.