PART I

GENERAL PART

BOOK I

CRIMES AND CRIMINALS

TITLE III

CONDITIONS OF LIABILITY TO PUNISHMENT IN RESPECT OF CRIMES

CHAPTER II

CRIMINAL GUILT

Section II.- Lawful Acts, Justifiable Acts and Excuses

Sub-section II.- Justifiable Acts and Excuses

Article 75.- Necessity.

An act which is performed to protect from an imminent and serious danger a legal right belonging to the person who performed the act or a third party is not liable to punishment if the danger could not have been otherwise averted.
No exemption shall apply in the case of a similar act done by a person having a special professional duty to protect life or health; however, the Court may reduce the penalty without restriction (Art. 180).

Article 76.- Excess of Necessity.

If the abandonment of the threatened right could reasonably have been required in the circumstances of the case or if the encroachment upon the third party's rights exceeded what was necessary or if the doer, by his own fault, placed himself in the situation involving danger or necessity in which he found himself, the Court may, without restriction, reduce the penalty (Art. 180) .