Spans in 'Kazakhstan - Criminal Code' tagged with 'Necessity

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

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More information about the keyword 'Necessity - national proceedings'
More information about the document 'Kazakhstan - Criminal Code'
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Section II. A Crime

Article 34. Extreme Necessity

1. It shall not be considered a crime to inflict damage upon the interests protected by the present Code in a situation of extreme necessity, that is, in order to eliminate a danger which directly threatens the life, health, the rights and legitimate interests of a given person or of other persons, as well as the interests of the society, if such a danger could not have been eliminated by other means, and if the limits of extreme necessity were not exceeded.

2. An exceeding of the limits of extreme necessity shall mean the causation of damage which obviously does not conform to the character and degree of threatened danger and the situation in which the danger was eliminated, when damage was inflicted upon interests which is equal to or exceeds the prevented damage. Such an excess shall entail liability only in cases of deliberate infliction of damage.