Germany

Criminal Code (Strafgesetzbuch, StGB)

GENERAL PART

CHAPTER TWO
THE OFFENCE

FOURTH TITLE
SELF-DEFENCE, NECESSITY AND DURESS

Section 34
Necessity

A person who, faced with an imminent danger to life, limb, freedom, honour, property or another legal interest which cannot otherwise be averted, commits an act to avert the danger from himself or another, does not act unlawfully, if, upon weighing the con icting interests, in particular the affected legal interests and the degree of the danger facing them, the protected interest substantially outweighs the one interfered with. This shall apply only if and to the extent that the act committed is an adequate means to avert the danger.

Keywords

Necessity - national proceedings



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