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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

General Part

Section II. Crime

Chapter 8. Circumstances Excluding the Criminality of a Deed

Article 42. Execution of Order or Instruction

1. Infliction of harm to legally protected interests shall not be to qualified as an act of crime provided it was caused by a person acting in execution of an order or instruction binding on him. Criminal responsibility for infliction of such harm shall be borne by a person who gave illegal order or instruction.

2. Person who committed intentional offence in execution of order or of instruction known to be illegal, shall be liable under usual terms. Failure to execute order or instruction known to be illegal shall preclude criminal liability .