'Duress - national proceedings' in document 'Lesotho - Penal Code'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART II - GENERAL PRINCIPLES OF CRIMINAL LIABILITY

Compulsion
17. A person who commits an offence as a result of a threat of immediate and serious bodily harm either to himself or herself or to a member of his or her immediate family shall not be liable if -

(a) he or she had not intentionally or negligently placed himself or herself in circumstances where he or she should have foreseen the likelihood of he or she being subjected to such a threat; or

(b) he or she is not a member, agent or servant of a criminal group;

(c) the threat was not one which could at any time before the commission of the offence have been avoided; or

(d) the threat was one which would have and did in fact induce the accused to commit the offence.