(3) A person shall not be criminally liable for non-execution or
violation of order or duties assigned to such person unlawfully.
Liability shall only be applied if the act actually committed by such
person contains components of another crime.
Article 40. Reasonable Risk
(1) Trespassing of legally protected interests under reasonable
risk for socially useful purpose shall not be recognized a crime.
(2) Risk shall be recognized reasonable if the act committed
corresponds with up-to-date scientific and technical expertise and
experience, and the objective set could not be achieved by actions not
connected with risk, and the person that admitted such risk undertook all
possible steps to prevent trespassing of legally protected interests.
(3) Risk shall not be recognized reasonable if such was known to
cause threat of loss of life, ecological catastrophe or other severe
consequences.
SECTION III. SENTENCE
CHAPTER 9. SENTENCE NOTION AND PURPOSE. TYPES OF SENTENCE
Article 41. Sentence Notion and Purpose
(1) Sentence is a coercive measure (retribution) applied on behalf
of the state under court decision to a person found guilty of a crime,
and consisting in deprivation or restraint of rights and freedom of the
convicted person.
(2) Sentence is applied with the purpose of justice restoration,
convicted person treatment, as well as prevention of commitment of new
crimes both by convicted persons and by other persons.
(3) Sentence is neither aimed at physical cruelty nor at
humiliating human dignity.
Article 42. Types of Sentence
(1) The primary types of sentences that may be applied to persons
that have committed crimes include the following:
1) engagement in public work;
2) fine;
3) triple ayip (triple fine);
4) deprivation of the right to hold certain positions or be engaged
in certain types of activities;
5) keeping in disciplinary military unit;
6) arrest;
7) imprisonment;
8) death penalty.
(2) In addition to primary types of sentence, the following
measures may be applied to convicted persons:
1) deprivation of special or military rank;
2) seizure of property.
(3) Fine and deprivation of the right to hold certain positions or
be engaged in certain types of activities may be applied as both main and
additional sentence.