'Necessity' in document 'Poland - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

Chapter III.
Exclusion of penal liability

Article 26. § 1. Whoever acts with the purpose of averting an immediate danger threatening any
interest protected by law, if the danger cannot otherwise be avoided but the interest sacrificed has a lower value than that of the interest rescued, he shall be deemed to have not committed an offence.

§ 2. Whoever rescues any interest protected by law under the circumstances defined in § 1, or
sacrifices an interest which does not represent a value manifestly greater than the interest being rescued, he shall also be deemed to have not committed an offence.

§ 3. In the event that the limits of necessary defence have been exceeded, the court may apply
an extraordinary mitigation of the penalty or even renounce its imposition.

§ 4. The provisions of § 2 shall not be applied when the perpetrator sacrifices an interest which
he has a special duty to protect even by exposing himself to personal danger.

§ 5. The provisions of § 1 through 3 shall be applied accordingly when only one of the obligations
borne by the perpetrator can be fulfilled.

RELEVANT ROME STATUTE PROVISIONS

Article 31
Grounds for excluding criminal responsibility
1. In addition to other grounds for excluding criminal responsibility provided for in this Statute, a person shall not be criminally responsible if, at the time of that person's conduct:
(c) The person acts reasonably to defend himself or herself or another person or, in the case of war crimes, property which is essential for the survival of the person or another person or property which is essential for accomplishing a military mission, against an imminent and unlawful use of force in a manner proportionate to the degree of danger to the person or the other person or property protected. The fact that the person was involved in a defensive operation conducted by forces shall not in itself constitute a ground for excluding criminal responsibility under this subparagraph