Article 34-1. The Performance of Operative-Investigative Measures

1. The act committed in the course of the performance of operative-investigative measures in accordance with the law by an employee of the authorised state body or pursuant to the instructions of such body by another person who collaborates with that body, shall not be recognised as a crime that caused harm to the interests protected by this Code, provided that act was committed for the purpose of prevention, detection, exposure or investigation of the crimes committed by a group of persons on a preliminary collusion, by an organised group or criminal community (criminal organisation), as well as if the harm caused to legally protected interests is less significant than the harm which is caused by said crimes, and if their prevention, exposure or investigation, and equally the exposure of those who are guilty of commission of crimes could not be carried out in any other manner.

2. The provisions of the first part of this Article shall not apply to the persons who committed acts related to threat of lives or health of people, ecological disaster, public calamity or other grave consequences.

Article 35. Justifiable Risk

1. The causation of damage to the interests protected by the present Code shall not be considered a crime in case of a justifiable risk for the achievement of a publicly useful goal.

2. Risk shall be recognised as justifiable if a said goal could not have been achieved by actions (their omission) not associated with the risk, and if a person who admitted a risk undertook sufficient measures for the prevention of damage to the interests protected by the present Code.

3. Risk shall be considered to be justifiable if it was directly associated with a threat to people's life or health, of ecological catastrophe, social disaster, or other serious consequences.

Article 36. Physical or Psychic Coercion

1. The causation of damage to interests protected by the present Code as a result of physical coercion shall not be considered a crime, if as a consequence of such coercion a person could not control his actions (their omission).

2. The issue of criminal liability for the causation of damage to interests protected by the present Code as a result of physic coercion, as well as as a result of physical coercion, as a consequence of which a given person retained the possibility to guide his actions, shall be resolved subject to provisions of Article 34 of the present Code.

Article 37. The Execution of an Order or an Instruction

1. The causation of damage to interests protected by the present Code by a person who acted in pursuance of an order or instruction obligatory for him shall not be considered a crime. Criminal liability for the causation of such damage shall be borne by a person who issued an illegal order or instruction.

2. A person having committed a deliberate crime in pursuance of an inherently illegal order or instruction, shall bear criminal liability on general bases. Non-execution of a deliberately illegal order or instruction shall exclude criminal liability.

Section III. Punishment

Date: 2014-12-21; view: 854