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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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.