GENERAL PART
SECTION THREE. EXCULPATORY CIRCUMSTANCES
CHAPTER 9. NOTION AND TYPES OF EXCULPATORY CIRCUMSTANCES
Article 39. Causing Harm When Apprehending Person, Who Committed Socially Dangerous Act
Causing harm when apprehending a person, who committed a socially dangerous act with a purpose to give him in charge, if no excess of measures necessary for apprehension occurred thereat, shall not be a crime.
Excess of measures of apprehension shall be a clear inadequacy of means and ways of apprehension for danger of an act and a person who committed thereof, as well as circumstances of apprehension, when intentional harm, which is not grounded by the necessity of apprehension, is caused to the person.
When assessing the lawfulness of causing harm by apprehension of a person committed a socially dangerous act, one shall take into consideration his attempt to avoid apprehension, physical abilities of the apprehender, his psychological state in the situation emerged and other circumstances related to apprehension.
Right to apprehend a person who committed a socially dangerous act shall be granted to duly authorized officers and victims, as well as other individuals
Other defences - national proceedings
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