Jump to:
BOOK I
General provisions on felonies and misdemeanours, the persons responsible, the penalties, security measures and other consequences of criminal offences
TITLE I
On felonies and misdemeanours
CHAPTER II
On the causes of exclusion from criminal accountability
Article 20
The following persons shall not be criminally accountable :
5. Whoever, in a state of necessity, in order to avoid damage to himself or others, causes damage to another’s legally protected interest or fails to perpetrate a duty, as long as the following requisites concur :
One. The damage caused is not greater than the damage sought to be prevented ;
Two. That the situation of necessity has not been intentionally provoked by the subject ;
Three. That the person is need is not bound, due to his office or occupation, the obligation to sacrifice himself.