Spans in 'Tajikistan - Criminal Code' tagged with 'Manifestly unlawful order'

'Manifestly unlawful order' in document 'Tajikistan - Criminal Code'

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More information about the keyword 'Manifestly unlawful order'
More information about the document 'Tajikistan - Criminal Code'
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

SECTION II. CRIME

CHAPTER 8. Circumstances Excluding Criminality of Acts

Article 45. Execution of an Order or Instruction

(1) Any injury to the interests protected by the criminal law caused by a person while executing an order or other commands, issued in the established order, is not deemed to be a crime. A person, who issued an illegal order or command, bears criminal liability for such injury.

(2) A person, who committed an intentional crime by order or other command being aware of its criminal nature shall be criminally liable on a universal basis.

(3) A person shall not be criminally liable when refusing to execute an unlawful order.

RELEVANT ROME STATUTE PROVISIONS

Article 33
Superior orders and prescription of law
1. The fact that a crime within the jurisdiction of the Court has been committed by a person pursuant to an order of a Government or of a superior, whether military or civilian, shall not relieve that person of criminal responsibility unless:
(c) The order was not manifestly unlawful.