Title V. Penal Code
Chapter 3. Defences.
§ 306. Justification.
1. Conduct that the defendant believes to be
necessary to avoid harm to himself or to another is justifiable, provided that the harm
sought to be avoided by such conduct is greater than that sought to be prevented by the
law defining the crime charged, and the specific situation involved is not made criminal
by law.
2. When the defendant was reckless in bringing about
the situation requiring the justification, the justification is unavailable as a defence
in a prosecution for any crime for which recklessness suffices to establish liability.
3. When the defendant was negligent in bringing about
the situation requiring the justification, the justification is unavailable as a defence
in a prosecution for any crime for which negligent suffices to establish liability.
4. Justification is an affirmative defence.