if he / she refused to commit the crime. Murder crimes shall be excluded from this
rule. This rule shall be applicable provided that the perpetrator did not willingly put
him / herself under such coercion or duress and he / she had no means to prevent it
(2) Necessity
Article (89)
Whoever commits an act out of necessity to protect him / herself or others or his / her
property or the property of others from a significant and imminent danger, shall be exempted
from punishment provided that he / she did not willingly cause such danger and his / her
action is congruent with such danger.
Article (90)
A person who is required by law to face, shall not be considered in a necessity
situation.
Article (91)
Any person shall be deemed as mentally fit when he / she commits a crime until
proven otherwise.
Article (92)
1. Whoever commits an act while he / she is unable to realize the nature of his / her
acts or is unable to realize that it is prohibited to commit such an act due to mental
disorder, shall be exempt from punishment.
2. Whoever is exempt from punishment based on the previous paragraph shall be
admitted to a mental illnesses hospital until he / she is proven to be cured by a
medical committee report and he / she no longer represent danger to public safety.
(2) Drunkenness and Drug Intoxication
Article (93)
Whoever loses his / her volition or reason when committing an act due to alcohol or
drugs, regardless of its nature or type, shall be exempt from punishment; provided that
he / she consumed such substance against his / her will or without his / her
knowledge.
Chapter Four
Of Age
Article (94)
With due regard to the provisions of the Juvenile Rehabilitation law:
1. Criminal proceedings cannot be brought against any person who is under 7
years of age.
2. Whoever did not reach the age of twelve shall be exempted from criminal
liability unless it is proven that when committing the act he / she was able to
understand that it is prohibited to commit such action.
Section Three
Exemption from Punishment, Mitigating and Aggravating Factors