Article 38: Harm in the arrest of a person who has committed a crime

1. It is not a crime to harm a person who commits a crime when detained in order to bring to the attention of the authorities and to prevent them from committing further offences, if any, 2. It was not possible to detain such a person and the measures necessary to do so were not exceeded. 2. Exceeding the measures necessary to detain the perpetrator of the offence is deemed to be manifestly inconsistent with the nature and degree of public danger of the crime committed by the detained person and the circumstances of the detention, when the person is not required to be subjected to torture. Such a breach only entails criminal liability in cases of intentional injury.