(1) Whoever commits an unlawful act in order to avert an imminent
and otherwise unavoidable danger to his own life, limb, or liberty,
or to that of a relative or person close to him, acts without
guilt. This rule does not apply if under the prevailing circumstances
the perpetrator could be expected to have assumed the risk, especially
because he was himself the cause of the danger or because he found
himself in a special legal relationship. If however, the perpetrator
did not have to assume the risk with regard to a special legal
relationship, the punishment may be reduced in accordance with
the provisions of § 49(l).
(2) If, in committing the act, the perpetrator assumes the existence
of circumstances which under subparagraph (1) would excuse his
conduct, he shall be punished only if he could have avoided the
error. The punishment shall be reduced In accordance with the
provisions of § 49(l).