BOOK I
GENERAL PART

TITLE II
ON CRIME

CHAPTER V
CAUSES FOR EXCLUSION

SECTION I
CAUSES FOR EXCLUSION OF UNLAWFULNESS

Article 44. Legitimate defense

An act constitutes legitimate defense when committed as the necessary means to repel an imminent or present unlawful attack on legally protected interests of the perpetrator or of a third party.

Article 45. State of justifying need

An act is not unlawful when committed as an appropriate means to avert a present danger that threatens legally protected interests of the perpetrator or of a third party, if the following requisites are met :

a) There is significant superiority of the interest to be safeguarded in relation to the interest sacrificed; and
b) It is reasonable to impose the sacrifice of the interest of the victim, considering the nature or value of the interest endangered.

BOOK I
GENERAL PART

TITLE II
ON CRIME

CHAPTER V
CAUSES FOR EXCLUSION

SECTION II
CAUSES FOR EXCLUSION OF GUILT

Article 49. Exculpatory state of need

1. Any person who commits an unlawful act required to avert a real danger, which cannot be otherwise removed, which threatens the life, physical integrity, honor or freedom of the perpetrator or a third party, where, depending on the circumstances of the case, it is not reasonable to require any different behavior of the same, acts without guilt.

2. Whenever the danger threatens legal interests other than those referred to in the preceding subarticle, and the assumptions mentioned therein are met, the penalty may be extraordinarily mitigated or the perpetrator may be held exempt from punishment.