'Superior orders - national proceedings' in document 'France - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

BOOK I
GENERAL PROVISIONS

TITLE II
OF CRIMINAL LIABILITY

CHAPTER II
GROUNDS FOR ABSENCE OR ATTENTUATION OF LIABILITY

ARTICLE 122-4

A person is not criminally liable who performs an act prescribed or authorised by legislative or regulatory provisions.

A person is not criminally liable who performs an action commanded by a lawful authority, unless the action is manifestly unlawful.

BOOK II
FELONIES AND MISDEMEANOURS AGAINST PERSONS

TITLE I
CRIMES AGAINST HUMANITY AND AGAINST PERSONS

SUBTITLE I
CRIMES AGAINST HUMANITY

CHAPTER III
COMMON PROVISIONS

ARTICLE 213-4

The perpetrator or the accomplice to a felony under the present title is not exonerated from his responsibility on the sole basis that he performed an act prescribed or authorised by statutory or regulatory provisions, or an act ordered by legitimate authority. A court shall nevertheless take this circumstance into account when deciding the nature and extent of the sentence.