Article 48
There is no crime if a public servant commits the act in any of the following cases:
1- Executing the order of a superior that he must obey, or that he thought was his duty to obey.
2- Enforcing law, or believing in good faith that it is his duty to enforce it.
In all cases, the employee must prove that he did not commit the act until he had investigated it and as a result believed that it was legal according to
reasonable causes.
Article 49
Nothing is an offence which is done in the exercise of the right of legal defence.
The right of legitimate defense exists when the following conditions are available:
1. When the defendant acts reasonably to defend himself or others or his property or the property of others from a significant or imminent danger
provided that the act contributing to the offence is proportionate to the danger from which he is protecting himself.
2. When the defendant is unable to recourse to the public authority at the appropriate time to avoid danger.
3. When the defendant has no other way to avoid the danger.
4. When the offence is necessary to face an attack and is proportionate to it.
Article 50
The right of legitimate defense does not allow intentional killing except to avert one of acts hereinafter enumerated:
1. Such an assault as may reasonably cause the apprehension that death or grievous hurt will otherwise be the consequence of such assault
2- An assault with the intention of committing rape, or ravishment of any person by force.
3- An assault with the intention of kidnapping or abducting.
4- Felonies of arson, destruction or theft.
5- Breaking inhabited house or annexes thereof by night.
Article 51
Exceeding in good faith the legitimate limits of defense, using more power than that reasonably called for in this situation, without intending to cause more
harm than that required for defense, the judge, if the act is a felony, may excuse the person and rules according to the penalty of misdemeanor in place of
the penalty stipulated by law, and may consider this an extenuating condition if the act is a misdemeanor.
Article 52
The case of legitimate defense exist, even if the person against whom this right is used is not criminally liable, and shall be established according to the
provisions of the restraint of liability defined by law.
Part 5
Responsibility Impediments