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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

The General Part

Title II
Offences

Chapter II
Justifying causes

Order of the law and command of legitimate authority

Art.24 – (1) The commission of an act incumbent upon one or authorised by the law shall not be considered an offence if it has been executed according to the conditions provided in the law.

(2) The accomplishment of an act ordained by the legitimate authority shall not be an offence if the order is given in the form provided in the law and it is not obviously illegal.

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.