GENERAL PART
SECTION THREE. EXCULPATORY CIRCUMSTANCES
CHAPTER 9. NOTION AND TYPES OF EXCULPATORY CIRCUMSTANCES
Article 41. Justifiable Professional or Economic Risk
Causing harm to the rights and legally protected interests under justifiable professional or economic risk for a public benefit shall not be a crime.
A risk shall be considered as justifiable, if a committed action meets up-to-date scientific and technological knowledge and experience, and a purpose could not have been achieved without actions attended by some risk, and a person who took a risk took every precaution to prevent harm to rights and legally protected interests.
Under justifiable professional or economic risk a liability for harm caused shall not be incurred in the instance when a desired public benefit has not been achieved and the harm was more significant than the pursued publicly beneficial purpose.
A risk shall not be considered as justifiable, if it was knowingly connected with threat to people’s life, environmental disaster or other grave consequences.
Other defences - national proceedings
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