Spans in 'Moldova - Criminal Code' tagged with 'Superior orders

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

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More information about the keyword 'Superior orders - national proceedings'
More information about the document 'Moldova - Criminal Code'
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

Chapter III
CIRCUMSTANCES THAT ELIMINATE THE CRIMINAL NATURE OF AN ACT

Article 40'. Execution of an Order or Command from a Superior

(1) An act set forth in criminal law and committed by a person to execute an order or a command from a superior which is mandatory for him/her and provided that the order or command is not clearly illegal and the executor was not aware of the illegal nature of such an order or command shall not be considered a crime. The person who issued the illegal order or command shall be subject to criminal liability.

(2) A person who intentionally committed a crime in order to execute a clearly illegal order or command from a superior shall be criminally liable based on general principles. Non- execution of the clearly illegal order or command shall exempt the person from criminal liability.

(3) For the purposes of this article, the order or command from a superior to commit genocide or a crime against humanity shall be clearly illegal.