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

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

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

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

Chapter VIII. CIRCUMSTANCES EXCLUDING CRIMINALITY OF AN ACT

Article 41. Obeying an order or command

1. A person's action or omission that caused harm to legally protected interests, shall be lawful, where that person acted to obey a legal order or instructions.

2. An order or command is held to be lawful where it is duly issued by an appropriate person acting within his/her commission and, in its substance, is not contrary to applicable laws and does not breach the constitutional rights and freedoms of the human being and citizen.

3. A person shall not be criminally liable for disobeying a patently criminal order or command.

4. A person, who obeyed a patently criminal order or command, shall be criminally liable on general grounds for the acts committed in pursuance of such order or command.

5. Where a person was not and could not be aware of the criminal nature of an order or command, the criminal liability for the act committed in pursuance of such order or command shall arise only with respect to the person who gave the criminal order or command.

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.