11 When considering an issue of recognition of a person as a special dangerous recidivist, convictions by foreign courts may be taken into consideration as well. When considering an issue of recognition of a person as a special dangerous recidivist, convictions by courts for crimes committed by the person under the age of eighteen, as well as withdrawn or cancelled convictions in the procedure established by law, shall not be taken into consideration. Articles of the Special Part of this Code envisaging liability for crimes committed by special dangerous recidivists shall be applied in the instances when a person had been recognized in accordance with the procedure established by law as a special dangerous recidivist before the commission of the crime in question. SECTION THREE. EXCULPATORY CIRCUMSTANCES CHAPTER 9. NOTION AND TYPES OF EXCULPATORY CIRCUMSTANCES Article 35. Notion of Exculpatory Circumstances Circumstances, under which an act containing elements envisaged by this Code is not a crime due to lack of a social danger, illegality, and guilt, shall be exculpatory. Exculpatory sentences shall be: minor nature of an act; necessary defense; extreme necessity; infliction of damage when apprehending a person having committed a socially dangerous act; execution of an order or another duty; justifiable professional or economic risk. Article 36. Minor Nature of Act An action or inaction not being socially dangerous due to minor nature thereof, though containing elements envisaged by this Code, shall not be a crime. Article 37. Necessary Defense An act committed in a state of necessary self-defense, that is, when protecting life or rights of a person defending oneself or another person, or interests of the State and society from an illegal attempt by causing harm to an attempter, shall not be a crime, if no excess of self-defense occurred. Excess of self-defense shall be a clear inadequacy of a defense for a nature and danger of an attempt. A right to necessary defense shall be enjoyed regardless of existing possibility to call in aid of other persons or authorities, or to prevent an attempt by other way. Intentional provocation of an attempt with the purpose of causing harm shall not be a necessary defense. Article 38. Extreme Necessity An act that caused harm to rights and legitimate interests of a person shall not be a crime, if it was committed in a state of extreme necessity, that is, for preventing a danger to life or rights of the person or other individuals, interests of the State and society, and the danger could not have been prevented by other means, and if the harm caused is less serious than the prevented one.