CHAPTER 8 CIRCUMSTANCES EXCLUDING CRIMINALITY OF ACT Article 36. Necessary defense 36.1. Causing of harm to encroaching person in condition of necessary defense, that is at protection of life, health and rights of defending or other persons, interests of the state or a society from publicly dangerous encroachment, if the of necessary defense was not out of allowed limits, shall not be admitted as a crime 36.2. All persons irrespective of their professional or other special preparation and service position shall have right on necessary defense in an equal measure. This right shall be distributed on persons irrespective to an opportunity to address for the help to the state bodies or other persons, and also an opportunity to avoid publicly dangerous encroachment. 36.3. The deliberate actions, which are obviously not appropriate to nature and a degree of public danger of an encroachment, shall be admitted as excess of limits on necessary defense. Article 37. Causing harm at detention of the person who have committed a crime 37.1. Causing of harm at detention of the person, who has committed a crime for bringing in by proxy authorities or on suppressions of an opportunity to commit new crimes by him, if use with the given purpose of all different ways of influence has not given necessary results and in this order was not admitted excess of measures necessary for it, shall not be instituted as a crime. 37.2. Excess of the measures necessary for detention of a person, which has committed a crime, obvious discrepancy of means and ways of detention to a degree of act of public danger and person who have made it, and also to circumstances of detention when obviously excessive harm is needlessly caused to admitted person. Such excess entails a criminal liability only in case of deliberate causing of harm. Article 38. Emergency 38.1. Causing of harm to objects protected by present Code in condition of emergency, that is for elimination of a danger directly menacing to life, health and rights of a given person or other persons, to interests of a public or state, if in this case this danger could not be eliminated by other means and excess of limits for emergency was not admitted, shall not be instituted as a crime 38.2. Causing the harm, which is obviously not appropriate to nature and degree of danger and circumstances at which danger was eliminated, when harm was caused equal or more significant to the specified interests, than prevented shall be admitted as excess of limits on emergency. Such excess entails to criminal liability only in case of deliberate causing harm. Article 39. Grounded risk 39.1. Causing of harm to objects protected by the present Code, at the grounded risk for achievement of socially useful purpose, shall not be instituted as a crime. 39.2. If the specified purpose could not be achieved without risk action (inaction) and a person, who has admitted risk, has taken necessary measures for prevention of harm to objects protected by the present Code, it shall be admitted as grounded risk. 39.3. The risk shall not be admitted as grounded if it was obviously connected to threat life of people, threat of ecological or other accident. Article 40. Execution of the order or instruction 40.1. Causing of harm to objects protected by the present Code by a person working in the obligatory performance of the order or instruction for him, given according to rules, shall not be instituted as a crime. 10