BOOK I
GENERAL PART

TITLE II
ON CRIME

CHAPTER V
CAUSES FOR EXCLUSION

SECTION I
CAUSES FOR EXCLUSION OF UNLAWFULNESS

Article 47. Consent

1. In addition to special cases provided for in law, consent excludes unlawfulness when it refers to freely available legal interests and the act does not offend social mores.

2. Consent may be expressed by any means revealing a free, honest and informed will of the holder of the protected legal interest, and it may be freely withdrawn at any time before the execution of the act.

3. Consent is effective only if it has been given by someone who is over 16 years of age and has the necessary discernment to judge its meaning and scope, at the moment it is given.

4. If consent is not known to the perpetrator, he or she shall be punishable with the penalty applicable to attempt.

5. Effective consent will be considered equivalent to presumed consent, when the situation, in which the perpetrator is acting, reasonably permits one to suppose that the holder of the legally protected interest would have effectively given consent to the act, if the same had known the circumstances in which it was committed.

BOOK I
GENERAL PART

TITLE II
ON CRIME

CHAPTER V
CAUSES FOR EXCLUSION

SECTION II
CAUSES FOR EXCLUSION OF GUILT

Article 48. Excess of legitimate defense

1. Means which, given their nature or extent of use, are excessive to those required for the defensive action taken by the perpetrator may result in special mitigation of the penalty that the crime would otherwise carry.

2. The perpetrator is not punishable if the excess of means used in legitimate defense are due to a justifiable disturbance, fear or surprise.