Ukraine

Criminal Code of Ukraine

GENERAL PART

Chapter VIII. CIRCUMSTANCES EXCLUDING CRIMINALITY OF AN ACT

Article 40. Physical or mental coercion

1. A person's action or omission that caused harm to legally protected interests, is not to be held a criminal offense, where that person acted under direct physical coercion which rendered him or her unable to be in control of his/her actions.

2. The decision on a person's criminal liability for causing harm to legally protected interests, shall be made pursuant to provisions of Article 39 of this Code, where that person was subject to physical coercion, under which he/she was able to control his/her actions, and also subject to mental coercion.

Keywords

Duress - national proceedings



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