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

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

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More information about the document 'Montenegro - Criminal Code'
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

TITLE TWO
CRIMINAL OFFENCE

1. General provisions on criminal Offences

Extreme necessity

Article 11
(1) An act committed in extreme necessity shall not constitute a criminal offence.

(2) Extreme necessity is a condition under which a perpetrator committed an act to eliminate concurrent or imminent danger to his good or good of another person which he did not cause and which could not have been eliminated in any other manner, provided that the harm caused thereby does not exceed the harm threatened.

(3) Where a perpetrator caused danger by negligence, or where he exceeded the limits of extreme necessity, he may receive a lighter punishment, and where he exceeded the limits under particularly mitigating circumstances, punishment may be remitted.

(4) Where a perpetrator was under an obligation to expose himself to the danger threatened, such an act may not constitute extreme necessity.