(1) It shall not be an offence to commit an act, provided for by criminal law, which has caused damage to interests protected by law as a result of physical or mental coercion, if as a result of such coercion the person was unable to direct his actions.

(2) Criminal liability for causing damage to the interests protected by criminal law as a result of mental or physical coercion, as a result of which the person retains the possibility to direct his/her actions, shall be established under the conditions of Article 38.