Hungary

Criminal Code

GENERAL PART
Aim of the Criminal Code

Chapter III
Obstacles of Criminal Prosecution

Title I
Grounds for the Preclusion of Punishability

Extreme Necessity

Section 30

(1) The person who rescues his own person or goods or the person or goods of other people from a direct danger otherwise not preventable, or acts so in the defence of the public interest, shall not be punishable, provided that the occurrence of the danger is not imputable to him and his act causes a smaller injury than that for the prevention of which he made efforts.

(2) That person is not punishable either, who causes an injury of the same or greater extent than the one for the prevention of which he made efforts, because he is unable to recognize the magnitude of the injury due to fright or justifiable excitement.

(3) The punishment may be mitigated without limitation, if fright or justifiable excitement restricts the perpetrator in the recognition of the magnitude of the injury.

(4) No emergency may be established to the benefit of the person, whose professional duty is the undertaking of exposure to danger.

Keywords

Necessity - national proceedings



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