'Necessity - national proceedings' in document 'Kyrgyzstan - Criminal Code (ENG)'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

SECTION II. CRIME

CHAPTER 8. CIRCUMSTANCES EXCLUDING CRIMINALITY OF ACT

Article 37. Extreme Necessity

(1) Infliction to legally protected interests under extreme necessity, i.e. aimed at elimination of threat to individuality and rights of this person and other persons, interests of society and the state, shall not be recognized a crime unless such threat could be eliminated by other means and if such infliction is less significant than that prevented.

(2) Excess of bounds of extreme necessity is infliction flagrantly inconsistent with the nature and danger of threat and circumstances under which the threat was eliminated when such interests were trespassed to extent equal to or more significant than the harm prevented. In such case, infliction through carelessness shall not lead to criminal liability.