Force and Threat
Article 12
(1) An act which was committed under the influence of absolute force shall not
constitute a criminal offence.
(2) If a perpetrator committed a criminal offence to eliminate danger to his good
or good of another person and where such danger was represented by either force which
is not absolute or a threat, the perpetrator shall be subject to the provisions of Art.11
hereof mutatis mutandum, and the force and threat shall be considered to be a danger
which he did not cause.
(3) If a perpetrator committed a criminal offence under force or threat, where the
conditions referred to in paras 1 and 2 hereof are not met, the perpetrator thereof may
receive a lighter punishment, and where such an offence was committed under
particularly mitigating circumstances, punishment may be remitted.
(4) In the cases referred to in paras 1 and 2 hereof, where the person who was
under force or threat is not considered to be the principal of that criminal offence, then
the person who applied force or threat shall be considered to be the principal.
Culpability
Article 13
(1) Considered to be guilty of a criminal offence shall be a perpetrator who is of
sound mind and who acted with wrongful intent, and was aware or was obliged to be
aware or could have been aware that his act was prohibited.
(2) A perpetrator may be considered guilty of a criminal offence committed by
negligence only where so provided by law.
Mental Capacity
Article 14
(1) A perpetrator shall be considered to have been mentally incapacitated where
at the time of commission of an unlawful act which constitutes a criminal offence he was
unable to understand the effects of his act or could not control his actions due to a
mental illness, temporary mental alienation, arrested mental development or other
severe mental alienation (mental incapacity).
(2) A perpetrator whose capacity to understand the effects of his act or to control
his actions was substantially diminished due to any of the conditions referred to in para.
1 hereof (significantly reduced mental capacity) may receive a lighter punishment.
(3) The culpability of a perpetrator who due to the use of alcohol, drugs or other
circumstances brought himself to a state in which he could not understand the effects of