Legal Encyclopedia. Letter F

Physical or mental coercion.

Physical or mental coercion is a criminal defenses. According to Art. 40 of the Criminal Code is not a crime to cause harm to legally protected interests as a result of physical coercion, if the person could not control his actions (inaction) as a result of such coercion.

Physical impacts - bodily injury, beatings, torture, etc. As a result of physical coercion person is not deprived of the opportunity to guide their actions and performs actions (inaction), which dictates the other person. Between the actions (or inaction) of a person, and was the result of physical coercion consequences expressed in causing harm should be a causal link.

There are 2 types of physical coercion:

1) surmountable physical coercion;

2) an insurmountable physical coercion.

Irresistible physical coercion when the person had no choices of their behavior and it was forced to do things that are required of him the other person to whom he was forced to.

The question of criminal liability for causing harm to legally protected interests as a result of mental coercion and under duress, due to which a person has retained the ability to control his actions, is decided taking into account the provisions of Art. 39 of the Criminal Code.

Mental effects can be expressed in the form of threats to the life, health officials, his family, honor, dignity. The use of psychological and physical torture, as a result of which the person has retained the ability to control his actions, considered by the rules absolutely necessary (causing harm to eliminate direct danger to the individual and the rights of the person or other persons legally protected interests of society or the state if this danger could not be eliminated by other means and thus were not exceeded limits absolutely necessary).

Recognized mitigating circumstance the commission of a crime as a result of physical or mental impact in accordance with Art. 61 h. 1 para. "E".