'Necessity - national proceedings' in document 'Cambodia - Criminal Law Provisions'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CAMBODIA – PENAL CODE

BOOK ONE - GENERAL PROVISIONS

TITLE 2 - CRIMINAL RESPONSIBILITY

CHAPTER 2 - EXCLUSION OF OR DIMINISHED CRIMINAL RESPONSIBILITY

Article 35: Defence of necessity
A person who commits an offence out of necessity shall not be criminally responsible.

A state of necessity must meet the following conditions:
- the commission of the offence was necessary to defend oneself or to protect others or property against a present or imminent danger; and
- the means used for protection were not disproportionate to the seriousness of the danger.