Cap. 9 чл. 227Cases of excusable wilful homicide.

Wilful homicide shall be excusable -

(a) where it is provoked by a grievous bodily harm, or by any crime whatsoever against the person, punishable with more than one year’s imprisonment;

(b) where it is committed in repelling, during the day-

time, the scaling or breaking of enclosures, walls, or the entrance of any house or inhabited apartment, or the appurtenances thereof having a direct or an indirect communication with such house or apartment;

(c) where it is committed by any person acting under the first transport of a sudden passion or mental excitement in consequence of which he is, in the act of committing the crime, incapable of reflecting; the offender shall be deemed to be incapable of reflecting whenever the homicide be in fact attributable to heat of blood and not to a deliberate intention to kill or to cause a serious injury to the person, and the cause be such as would, in persons of ordinary temperament, commonly produce the effect of rendering them incapable of reflecting on the consequences of the crime: Provided that a homicide shall not be excusable under this paragraph if it was committed in any of the circumstances mentioned in article 211A;

(d) where it is committed by any person who, acting under the circumstances mentioned in article 223, shall have exceeded the limits imposed by law, by the authority, or by necessity: Provided, moreover, that any such excess shall not be liable to punishment if it is due to the person being taken unawares, or to fear or fright.