Explanation on the commission of a criminally unlawful act under the influence of physical or psychological coercion
During the war, cases have already been recorded when a person was aware of the danger of his actions and foresaw their harmful consequences, but, being under the influence of the undoubtedly prevailing force of coercion, was deprived of the opportunity to control his actions and made it necessary to do just that, and not otherwise. Therefore, the question arises: if a person is subjected to violence (coercion) to an insurmountable need to cause harm and this need was created by another person, which was impossible to overcome, then is he responsible for the harm caused?
Section VIII of the Criminal Code of Ukraine (hereinafter referred to as the Criminal Code of Ukraine) defines the circumstances that exclude the criminal illegality of the act. That is, if a person under the influence of these circumstances commits an act or omission that contains signs of a criminal offense, he will not be prosecuted, since these actions are aimed at protecting the interests of citizens, society and the State, and therefore they are recognized as socially useful or socially acceptable and are not illegal.
One of these circumstances is the commission of a criminally unlawful act under the influence of physical or mental coercion, which is defined by Article 40 of the Criminal Code of Ukraine.
In accordance with the first part of Article 40 of the Criminal Code of Ukraine, the action or inaction of a person that caused harm to law-enforcement interests, committed under the direct influence of physical coercion, as a result of which the person could not control his actions, is not a criminal offense.
For example, a person as a result of torture disclosed information containing state secrets. Since she did it against her own will, she cannot be held criminally liable.
Department of cumenication of the Ministry of Internal Affairs of Ukraine
