Poland

The Penal Code

GENERAL PART

Chapter III.
Exclusion of penal liability

Article 26. § 1. Whoever acts with the purpose of averting an immediate danger threatening any
interest protected by law, if the danger cannot otherwise be avoided but the interest sacrificed has a lower value than that of the interest rescued, he shall be deemed to have not committed an offence.

§ 2. Whoever rescues any interest protected by law under the circumstances defined in § 1, or
sacrifices an interest which does not represent a value manifestly greater than the interest being rescued, he shall also be deemed to have not committed an offence.

§ 3. In the event that the limits of necessary defence have been exceeded, the court may apply
an extraordinary mitigation of the penalty or even renounce its imposition.

§ 4. The provisions of § 2 shall not be applied when the perpetrator sacrifices an interest which
he has a special duty to protect even by exposing himself to personal danger.

§ 5. The provisions of § 1 through 3 shall be applied accordingly when only one of the obligations
borne by the perpetrator can be fulfilled.

Keywords

Necessity



EDIT.