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

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

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

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Section II. A Crime

Article 37. The Execution of an Order or an Instruction

1. The causation of damage to interests protected by the present Code by a person who acted in pursuance of an order or instruction obligatory for him shall not be considered a crime. Criminal liability for the causation of such damage shall be borne by a person who issued an illegal order or instruction.

2. A person having committed a deliberate crime in pursuance of an inherently illegal order or instruction, shall bear criminal liability on general bases. Non-execution of a deliberately illegal order or instruction shall exclude criminal liability.

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.