(4) (Amended, SG No. 28/1982, renumbered from Paragraph 3, SG No. 62/1997) The
acting person shall not be punishable if he has committed the act of exceeding the limits of
inevitable self-defence due to fright or confusion.
Article 12a
(New, SG No. 62/1997)
(1) It shall not be considered dangerous to society if damages are inflicted on a person who
has committed a crime, where this occurs in the course of detention of such person for his/her
delivery to the authorities and for prevention of opportunities for committing another crime,
provided there is no other way to detain such person and provided the necessary lawful measures
have not been exceeded.
(2) The necessary lawful measures for detention of a person who has committed a crime
shall be considered exceeded in the case of obvious discrepancy between the nature and the
degree of public danger of the crime committed by the person detained, and the circumstances of
detention, as well as where obviously excessive damages are inflicted on the person without
necessity. In such cases penal responsibility shall be sought only in the event of deliberately
inflicted damages.
Article 12b
(New, SG No. 32/2010, effective 28.05.2010)
An act shall be considered not dangerous to society where committed by a person acting in
his capacity of undercover employee within the powers conferred on him/her by law.
Article 13
(1) An act shall be considered not dangerous to society where committed by a person in
situation of emergency - in order to save state or public interests, as well as personal or property
rights belonging to him or to others, from immediate danger which the acting person could not
possibly avert in another way, provided the damages caused by the act are less significant than
those averted.
(2) There shall be no situation of emergency where the evading of danger itself constitutes
a crime.
Article 13a
(New, SG No. 28/1982)
(1) An act shall be considered not dangerous to society where committed under justified
economic risk - in order to achieve substantial results for the benefit of society or to avoid
considerable damages, provided it is not counter to explicit ban established by normative act,
complies to the modern scientific and technical achievements and experience, does not endanger
the life and health of another, and if the acting person has done everything within his capacity to
avert the occurrence of the harmful consequences.
(2) In deciding the issue whether the risk was justified, taken into consideration must also
be the correlation between the expected positive result and the eventual negative consequences,
as well as the probability of their occurrence.
Article 14
(1) The lack of knowledge of the factual circumstances, which belong to the elements of