General provision

SECTION II
CRIME

CHAPTER 8
CIRCUMSTANCES EXCLUDING CRIMINALITY OF ACT

Article 38. Emergency

38.1. Causing of harm to objects protected by present Code in condition of emergency, that is for elimination of a danger directly menacing to life, health and rights of a given person or other persons, to interests of a public or state, if in this case this danger could not be eliminated by other means and excess of limits for emergency was not admitted, shall not be instituted as a crime.

38.2. Causing the harm, which is obviously not appropriate to nature and degree of danger and circumstances at which danger was eliminated, when harm was caused equal or more significant to the specified interests, than prevented shall be admitted as excess of limits on emergency. Such excess entails to criminal liability only in case of deliberate causing harm.

General provision

SECTION II
CRIME

CHAPTER 8
CIRCUMSTANCES EXCLUDING CRIMINALITY OF ACT

Article 39. Grounded risk

39.1. Causing of harm to objects protected by the present Code, at the grounded risk for achievement of socially useful purpose, shall not be instituted as a crime.

39.2. If the specified purpose could not be achieved without risk action (inaction) and a person, who has admitted risk, has taken necessary measures for prevention of harm to objects protected by the present Code, it shall be admitted as grounded risk.

39.3. The risk shall not be admitted as grounded if it was obviously connected to threat life of people, threat of ecological or other accident.