Necessity

When the accused committed some crimes to avoid more serious damage, the defense of necessity can be adopted. If the accused exceeds the limits of necessity and causes undue damage, he shall bear criminal responsibility, however, he shall be given a mitigated punishment or be exempted from punishment. Generally, the defendant must show that:

• the harm he tried to avoid outweighs the danger of the prohibited act he is charged with;
• he had no reasonable alternative;
• he ceased to engage in the prohibited act as soon as the danger passed
• he did not create himself the danger he sought to avoid.