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BOOK I-GENERAL PART
TITLE II-THE ACT
CHAPTER III-CAUSES FOR EXCLUSION OF UNLAWFULNESS AND OF GUILT
Article 31
Exclusion of unlawfulness
c) In fulfilment of a duty imposed by law or by an authority legitimate order;
BOOK I-GENERAL PART
TITLE II-THE ACT
CHAPTER III-CAUSES FOR EXCLUSION OF UNLAWFULNESS AND OF GUILT
Article 36
Conflict of duties
1- An act committed by a person who, in case of conflict on the accomplishment of legal duties or legitimate orders from the authority, fulfils the duty or order of equal or superior value to the sacrificed duty or order is not unlawful.
2- The duty of hierarchical obedience stops when it leads to the commitment of a crime.
Article 37
Exculpatory undue obedience
A public servant who fulfils an order not knowing that it leads to the commitment of a crime, acts without guilt if it was not evident within the frame of circumstances represented by him.