'Superior orders - national proceedings' in document 'Timor-Leste - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

BOOK I
GENERAL PART

TITLE II
ON CRIME

CHAPTER V
CAUSES FOR EXCLUSION

SECTION I
CAUSES FOR EXCLUSION OF UNLAWFULNESS

Article 46. Conflict of duties

1. It is not unlawful for a person to commit, in the case of conflict in performance of legal duties or legitimate orders from an authority, a duty or order of equal or superior value to that sacrificed.

2. Duty to obey hierarchical superiors ceases when the same leads to commission of a crime.

BOOK I
GENERAL PART

TITLE II
ON CRIME

CHAPTER V
CAUSES FOR EXCLUSION

SECTION II
CAUSES FOR EXCLUSION OF GUILT

Article 50. Exculpatory undue obedience

A public servant who obeys an order not knowing that it leads to commission of a crime, acts without guilt, if the unlawfulness of the act is not evident from the circumstances surrounding it.