Article 32. Necessary Self Defence

1. The causation of damage to an assaulting person in one's own defence shall not be considered a crime, that implies cases of the protection of a person, housing, property, land plot, and other rights of a defending person and of other persons, as well as the interests of the society or the state protected by law, from publicly dangerous assault, by way of the causation of damage to an assaulting person, if the limits of necessary defence were not exceeded.

2. All persons in equal measure shall have the right to necessary self-defence, regardless of their professional or other special training, or official position. This right shall belong to a person regardless of whether it is possible to avoid a publicly dangerous assault, or to appeal for help to other persons or state bodies.

3. An obvious discrepancy between measures taken in self-defence and the character and degree of public danger of an assault, as a result of which a given attacker was caused obviously excessive damage, which was not justified by a given situation, shall be recognised as an excess of the limits of necessary self-defence. Such excess shall entail criminal liability only in cases of deliberate causation of harm.

Causation of harm to a person who attempts to kill a person, or when deterring another encroachment associated with the use or an attempt to use arms, shall not be recognised as excess of the limits of necessary defence.

Article 33. The Causation of Damage When Detaining a Person Having Committed an Assault

1. The causation of damage to a person having committed a crime, when detaining him in order to deliver him to the state bodies, and to stop the possibility of the commission by him of new assaults, shall not be considered a crime, if it was not possible to detain that person by other means, and if no excess was allowed of the measures necessary for that purpose.

2. An excess of the measures necessary for a detention of a person having committed an assault shall mean an obvious disparity between the character and degree of public danger of an offense committed by a detained person and the circumstances of the detention, when obviously excessive damage is caused to a person without necessity, which is not justified by a given situation. Such an excess shall entail criminal liability only in cases of deliberate causation of damage.

3. Along with persons who are specially authorised to detain, the right to detain a person having committed an assault shall also belong to victims and other citizens.

Article 34. Extreme Necessity

1. It shall not be considered a crime to inflict damage upon the interests protected by the present Code in a situation of extreme necessity, that is, in order to eliminate a danger which directly threatens the life, health, the rights and legitimate interests of a given person or of other persons, as well as the interests of the society, if such a danger could not have been eliminated by other means, and if the limits of extreme necessity were not exceeded.

2. An exceeding of the limits of extreme necessity shall mean the causation of damage which obviously does not conform to the character and degree of threatened danger and the situation in which the danger was eliminated, when damage was inflicted upon interests which is equal to or exceeds the prevented damage. Such an excess shall entail liability only in cases of deliberate infliction of damage.

Date: 2014-12-21; view: 810