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

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

Jump to:

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

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

1 General Part

CHAPTER II- CRIMINAL RESPONSIBILITY

Article 21 Exercising a right or fulfilling a duty

A person bears no criminal responsibility if he acts to exercise rights or fulfill duties determined by law or an order ruled by a competent authority, unless the order is obviously unlawful.

When the criminal act is committed as a result of an unlawful order, then the person who has given such an order shall be held responsible.

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.