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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

1 General Part

CHAPTER II- CRIMINAL RESPONSIBILITY

Article 19 Necessary defense

A person bears no criminal responsibility if he commits the act while being compelled to protect his or somebody else’s life, health, rights and interests from an unfair, real and accidental attack, provided that the defense is proportionate to the dangerousness of the attack.

Obvious disproportion between them constitutes excessiveness over the limits of necessary defense.

1 General Part

CHAPTER II- CRIMINAL RESPONSIBILITY

Article 20 Extreme necessity

A person does not bear criminal responsibility if he commits the criminal act because of the necessity to confront a real and accidental danger which threatens him, another person or property from a serious damage which is not avoidable through other means, unless it has been instigated by him and the damage incurred is greater than the damage avoided.