(Selected from the translated work titled The Criminal Law of the People's Republic of China, authored by Robert Zhang and Steve Li, criminal defense lawyers registered in Shanghai, China.)
Article 21 [Necessity] Where an act is committed due to necessity to protect the national or public interests or the personal, property, or other rights of the actor or others from an imminent danger in an emergency, the actor shall not be held criminally liable notwithstanding any damage.
Where an act committed due to necessity exceeds the necessary extent, the actor shall be held liable for the damage; provided, however, that punishment shall be mitigated or exempted.
The provisions of the first paragraph of this Article pertaining to necessity shall not apply to persons who have specific responsibilities in their positions or business.
