The Criminal Code Of The Russian FederationAdopted by the State Duma on May 24, 1996
Adopted by the Federation Council on June 5, 1996
Federal Law No. 64-FZ of June 13, 1996 on the Enforcement of the Criminal
Code of the Russian Federation
Chapter 8. The Circumstances Excluding the Criminalitye of a Deed
Article 37. Necessary Defence
1. It shall not be deemed a crime when harm is inflicted in the state of necessary defence to an attacking person, i.e. in the case of protection of the personality and the rights of defendant or other persons, law-protected interests of the society or the state against a socially-dangerous attack if such an attack involved a violence threatening the life of the defendant or another person or an immediate threat of use of such a violence.
2. Defence against an attack not involving a violence threatening the life of the defendant or another person or an immediate threat of use of such a violence is legal if in this case the limits of necessary defence have not been surpassed, i.e. no deliberate actions have been committed which apparently did not match the character and danger of the attack.
3. The right to necessary defence equally belongs to all persons, irrespective of their professional or other special training background and position. This right belongs to the person, irrespective of the possibility of evading a socially-dangerous attack or asking other persons or authorities for help.
Article 38. The Infliction of Harm on a Detained Person Who Has Committed a Crime
1. The infliction of harm on a person who has committed a crime, during his detention, during his delivery to the authorities and in thwarting the possibility of the commission by him of further offences shall not be deemed a crime, unless it was possible to detain such person and there was an excess of the measures needed for this detention.
2. Clear disproportion between the measures needed for the detention of the person who has committed a crime and the character and the degree of the social danger of the offence perpetrated by the detained person and the circumstances of the detention, when the harm is caused to the infringer without valid reasons, shall be deemed to be excess of the necessary measures. Such excess shall involve criminal responsibility only in cases of the intentional infliction of harm.
Article 39. Extreme Necessity
1. The harming of legally protected interests in a state of extreme necessity, that is, for the purpose of removing a direct danger to a person or his rights, or to the rights of other persons, to the legally-protected interests of the society or the State, shall not be deemed to be a crime if this danger could not be removed by other means and if there was no exceeding the limits of extreme necessity.
2. The infliction of a harm that obviously does not correspond to the nature and the degree of threatened danger, nor to the circumstances under which the danger was removed, when equal or more considerable harm was caused to said interests than the harm averted, shall be deemed to be excess of extreeding necessity.
Such excess shall involve criminal responsibility only in cases of the intended infliction of harm.
Article 40. Physical or Psychic Coercion
1. The infliction of harm on the criminal-law protected interests as a result of physical coercion shall not be a crime, if in consequence of such coercion the person concerned could not guide his actions (inaction).
2. The question of criminal responsibility for the infliction of harm on the criminal-law protected interests as a result of psychic coercion, and also as a result of physical coercion, in consequence of which the person concerned has retained the possibility of guiding his actions, shall be settled with due account of the provisions of Article 39 of this Code.
Article 41. Justified Risk
1. No criminal responsibility shall ensue for infliction of harm to legally protected interests provided the risk is justified by attaining socially useful goal.
2. Risk shall be regarded as justified unless the said purpose couldy have been attained through action (inaction) not associated with risk and provided a person that committed the risk has undertaken all measures sufficient to prevent harm to legally protected interests. 3. Risk shall not be regarded as justified if it was known toly involve a threat to the life of many persons, a hazard of environmental or societal disaster.
Article 42. Execution of Order or Instruction
1. Infliction of harm to legally protected interests shall not beto qualified as an act of crime provided it was caused by a person acting in execution of an order or instruction binding on him. Criminal responsibility for infliction of such harm shall be borne by a person who gave illegal order or instruction.
2. Person who committed intentional offence in execution of order or of instruction known to be illegal, shall be liable under usual terms. Failure to execute order or instruction known to be illegal shall preclude criminal liability.
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