GENERAL PROVISIONS
CHAPTER V
CIRCUMSTANCES ELIMINATING CRIMINAL LIABILITY
Article 31. Immediate Necessity
1. A person shall not be held liable under the criminal law for an act committed in an attempt to avert the danger which threatens him, other persons or their rights, public or state interests, where this danger could not have been averted by other means and where the damage caused is less than the damage attempted to be averted.
2. A person who creates a dangerous situation by his actions may invoke the provisions of immediate necessity only when the dangerous situation arose through negligence.
3. A person may not justify a failure to perform a duty by invoking the provisions of immediate necessity, where he is under the obligation to act under the conditions of an increased degree of danger according to his profession, the position held or due to other circumstances.
Necessity - national proceedings
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