CDL-REF(2021)022 - 16 - 4. In addition to especially authorised persons, the victim and other persons shall also be entitled to apprehend a person having committed a criminal offence. Article 44. Extreme necessity 1. Causing harm to the interests protected under the criminal statute in the state of extreme necessity, i.e. for the purpose of eliminating an immediate danger to the life, health, rights and lawful interests of the person concerned or other persons, to the interests of the public and the State shall not be deemed to be a crime, where that danger was impossible to eliminate with other means and the extreme necessity was not exceeded. 2. Causing harm intentionally that is obviously disproportionate to the nature and degree of an imminent danger and to circumstances of eliminating the danger shall be deemed to be an excess of extreme necessity, where equal or greater harm compared to the prevented harm was caused to the interests protected by law. Article 45. Physical or mental coercion 1. Causing harm through physical or mental coercion to the interests protected under criminal statute shall not be deemed to be a crime, where, as a result thereof, a person could not control his or her actions (inaction). 2. The issue of criminal liability in cases when a harm is caused through mental as well as physical coercion to the interests protected under the criminal statute which does not deprive a person of the capability to control his or her actions, shall be settled, having regard to the provision of Article 44 of this Code. Article 46. Justified risk 1. Causing harm to the interests protected under the criminal statute in the course of the justified risk taken to achieve socially useful aim shall not be deemed to be a crime. 2. The risk shall be deemed to be justified, where the mentioned aim could not be achieved without actions (inaction) not related to the risk, and a person running a risk has undertaken necessary measures to prevent the act of causing harm to the interests protected under the criminal statute. 3. The risk shall not be deemed to be justified, where it was obviously accompanied by danger of death of third persons and by threat of ecological or social disaster. Article 47. Execution of order or executive order 1. Causing harm to the interests protected under the criminal statute by a person who has acted in pursuance of an order or executive order binding thereon — issued under the prescribed procedure shall not be deemed to be a crime. A person having issued illegal order or executive order shall be subject to liability for causing such harm.