'Necessity - national proceedings' in document 'Bosnia and Herzegovina- Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

V C H A P T E R F I V E
CRIMINAL OFFENCE

Necessary Defence (Self-Defence)
Article 24

(1) An act committed in necessary defence is not considered a criminal offence.
(2) A defence is considered to be necessary if it is absolutely necessary for the defender to avert a coinciding or direct and imminent illicit attack from himself or from another, and which is proportionate to the attack.
(3) If the perpetrator exceeds the limits of necessary defence, the punishment can be reduced, and if the excess occurs due to strong irritation or fright caused by the attack, the punishment can be remitted.

Extreme Necessity
Article 25

(1) An act committed out of extreme necessity is not considered a criminal offence.
(2) An act is committed out of extreme necessity, if committed for the purpose of averting from himself or from another an immediate or direct and imminent and unprovoked danger that could not have been averted in any other way, provided that the harm resulting from such act did not exceed the harm threatened.
(3) If the perpetrator himself has negligently provoked the danger, or he has exceeded the limits of extreme necessity, the court may impose reduced punishment on him, and if he exceeded the limits under particularly mitigating circumstances, the punishment may be remitted.
(4) There is no extreme necessity if the perpetrator was under an obligation to expose himself to the danger.