- 15 - CDL-REF(2021)022 CHAPTER 8 CIRCUMSTANCES EXCLUDING CRIMINALITY OF ACT Article 42. Necessary defence 1. An action shall not be deemed to be a crime, where it has been committed under necessary defence, i.e. when defending life, health and rights of a defender or other person, or interests of the State or the public from encroachment — dangerous to the public — or a real threat thereof through causing harm to an encroacher which was not in the excess of necessary defence. 2. While being defended from violence dangerous to human life or from an encroachment accompanied by a real threat of such violence, any harm, including death, may be caused. 3. A person shall be entitled to the right of necessary defence, regardless of the possibility to avoid encroachment or apply to the support of other persons or state authorities and of professional and other special competences and official position. 4. Excess of necessary defence shall deemed to be intentional actions which, obviously for a defender, do not correspond to the nature and extent of danger of encroachment. An act committed in the excess of necessary defence shall be deemed to be a crime, where it is especially provided for in the Special Part of this Code. 5. Discharge of weapons or any other means or objects for the purpose of being defended from the attack of an armed person or an armed group of persons and for preventing illegal and forced intrusion into a residence or other premises, regardless of the gravity of harm caused to the encroacher, shall not be considered as an excess of necessary defence and shall not result in criminal liability. (Article 42 supplemented by HO-97-N of 9 June 2004) Article 43. Causing harm while apprehending a person having committed a criminal offence 1. An action whereby harm was caused to a person having committed a criminal offence while apprehending him for the purpose of transferring him or her to competent authorities and precluding the possibility of committing a new act dangerous to the public shall not be considered as a crime, where it did not go beyond measures necessary for that. 2. Excess of measures necessary for apprehending a person having committed a criminal offence shall be deemed to be an obvious disproportion to the danger of an act and of person having committed it, as well as with circumstances of apprehending as a result of which a person was caused harm that was not conditioned by the necessity of apprehending. 3. An act committed with excess of necessary measures for apprehending a person having committed a criminal offence shall be deemed to be a crime, where it is particularly provided for in the Special Part of this Code.