12 An act committed in a state of extreme necessity shall be justified, if no excess of limits thereof occurred. Excess of limits of extreme necessity shall be causing harm to legally protected interests, if danger could be prevented by other means or harm caused is more serious than the prevented one. When assessing lawfulness of an act committed in the state of extreme necessity, one shall take into consideration nature and degree of the prevented danger, how actual it was and how soon was to emerge, physical abilities of a person to prevent thereof, his psychological state in the situation emerged and other circumstances of the case. The issue of liability for damage caused to rights and legally protected interests, as a result of physical or psychological coercion, shall be resolved with due regard to the provisions of this Article. Article 39. Causing Harm When Apprehending Person, Who Committed Socially Dangerous Act Causing harm when apprehending a person, who committed a socially dangerous act with a purpose to give him in charge, if no excess of measures necessary for apprehension occurred thereat, shall not be a crime. Excess of measures of apprehension shall be a clear inadequacy of means and ways of apprehension for danger of an act and a person who committed thereof, as well as circumstances of apprehension, when intentional harm, which is not grounded by the necessity of apprehension, is caused to the person. When assessing the lawfulness of causing harm by apprehension of a person committed a socially dangerous act, one shall take into consideration his attempt to avoid apprehension, physical abilities of the apprehender, his psychological state in the situation emerged and other circumstances related to apprehension. Right to apprehend a person who committed a socially dangerous act shall be granted to duly authorized officers and victims, as well as other individuals. Article 40. Execution of Order or Another Duty Causing harm by execution of an order or instruction, as well as of one’s duties, shall not be a crime. A person, who committed a crime executing an intentionally criminal order or another instruction, shall be liable in accordance with the general procedure. A person shall not be liable for non-execution or defiance of an order, instruction or functions, if he was given them unlawfully. He shall be liable only in the instance, if an act actually committed by him contains elements of another corpus delicti. Article 41. Justifiable Professional or Economic Risk Causing harm to the rights and legally protected interests under justifiable professional or economic risk for a public benefit shall not be a crime.