Title V. Penal Code
Chapter 3. Defences.
§ 308. Execution of Public Duty.
1. Execution of a public duty shall be
justification when the defendant believes his conduct, which would constitute a crime not
punishable by imprisonment, is required or authorized by:
a.
the law governing the service of legal process; or
b.
the judgement or order of a competent court or tribunal; or
c.
the law governing the armed services or the lawful conduct of war; or
d.
any other provision of law imposing a public duty.
2. Conduct engaged in during service of legal process shall be justified even if the legal process was defective, if the defendant did not know of the defect.
3. Conduct engaged in during enforcement of a judgement or order of a competent court or tribunal shall be justified even if the court or tribunal did not have jurisdiction over the subject of the judgement or order, if the defendant did not know of the lack of jurisdiction.