'Other defences - national proceedings' in document 'Lithuania - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PROVISIONS

CHAPTER V
CIRCUMSTANCES ELIMINATING CRIMINAL LIABILITY

Article 29. Arrest of a Person Who has Committed a Criminal Act

1. A person shall not be held liable under this Code for his actions when he causes property damage, a minor health impairment or a serious health impairment through negligence to a person who is actively attempting to escape the arrest by chasing, attempting to stop, preventing the escape or by other actions, and a serious health impairment when arresting on the spot of a crime a person who has committed or attempted to commit a premeditated murder, provided it was not otherwise possible to arrest the person who has committed the criminal act.

2. Actions of a person restraining the resistance of a person who has committed a criminal act shall be subject to the rules for self-defence as stipulated in Article 28 of this Code.

Article 30. Discharge of Professional Duty

1. A person shall not be held liable under this Code for the damage caused in charge of professional duty, provided he has not exceeded the authority granted to him by laws or other legal acts.

2. A person shall be held liable under this Code for the damage caused in charge of professional duty where he has exceeded the authority granted to him by laws or other legal acts, however a penalty imposed upon him may be commuted under Article 59 of this Code.

GENERAL PROVISIONS

CHAPTER V
CIRCUMSTANCES ELIMINATING CRIMINAL LIABILITY

Article 34. Justifiable Professional or Economic Risk

1. A person shall not be held liable under this Code for the actions which, although they incur the consequences provided for by a criminal law, have been carried out with a justifiable professional or economic risk and for a publicly beneficial purpose.

2. The risk shall be deemed justifiable where the committed act is in line with the contemporary science and technology, and it was not possible to attain the specified objective by carrying out the actions not involving risk, and where the person taking the risk has taken the necessary precautions to prevent damage to the interests protected by the law.

Article 35. Scientific Experiment

1. A person who incurs damage while conducting a lawful scientific experiment shall not be held liable under this Code where the experiment was conducted in compliance with scientifically approved methods, the problem under investigation is of an exceptional scientific significance and the researcher has taken the necessary precautions to prevent damage to the interests protected by the law.

2. No scientific experiment shall be permitted without the voluntary consent of the person participating in the experiment, who must be informed of the possible consequences.

3. A pregnant woman, her foetus, young child, a mentally ill person and a person in confinement may not be subjected to scientific experiments, with the except of the cases provided for by the law.