Title V. Penal Code
Chapter 3. Defences.
§ 312. Use of Force by Persons with Special Responsibility for Care, Discipline or Safety of Others.
1. The use of force upon or toward a dependent
child is justifiable if the defendant is the parent or guardian of the dependent child or
a person acting at the request of such parent, guardian or other responsible person, and
a.
the force is used for the intent of safeguarding or promoting the welfare of the dependent
child, including the prevention or punishment of his misconduct; and
b.
the force used is not designed to cause or known to create a substantial risk of causing
death, serious bodily harm, disfigurement, extreme pain or mental distress or gross
degradation.
2. The use of force upon or toward the person of
an incompetent person is justifiable if the defendant is the guardian of the incompetent
person; and
a.
the force is used for the intent of safeguarding or promoting the welfare of the
incompetent person, including the prevention or punishment of his misconduct; and
b.
the force used is not designed to cause or known to create a substantial risk of causing
death, serious bodily harm, disfigurement, extreme pain or mental distress or gross
degradation.
3. The use of force upon or toward a patient is
justifiable when the defendant is a doctor or other therapist of the patient, or assisting
the doctor or therapist, and
a.
the force is used for the intent of administering a recognized form of treatment that the
defendant believes to be adapted to promoting the physical or mental health of the
patient; and
b.
used with the consent of the patient, or, if the patient is a minor or an incompetent
person, with the consent of his parent or guardian or other person legally competent to
consent in his behalf, or the treatment is administered in an emergency when the defendant
believes that no one competent to consent can be consulted and that a reasonable person,
wishing to safeguard the welfare of the patient, would consent.
4. The use of force upon or toward another person is justified when the defendant is a warden or other authorized official of the correctional institution in which the inmate has been assigned to and the force is necessary to enforce the lawful rules and procedure of the institution, unless the defendant's belief as to the lawfulness of the rules and procedures sought to be enforced is erroneous and his error is due to ignorance or mistake as to the applicable law.
5. The use of force upon or toward another person is justified when the defendant is a person responsible for the safety of a vehicle or a person acting at his direction and the force is necessary to prevent interference with the operation of the vehicle, and the force used is not designed to cause or known to create a substantial risk of causing death, bodily harm, or extreme mental distress.