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

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

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

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

BOOK III — CRIMES AND MISDEMEANOURS

TITLE I — OFFENCES AGAINST THE STATE

CHAPTER II — OFFENCES BY PUBLIC OFFICERS

90 Penalty not applicable for acting under order of superior

The punishments specified in sections 88 and 89 shall not cease to be applicable to such functionaries or persons employed who shall have acted by order of their superior, unless the order is given by such superior for matters within his competence, and in relation to which obedience was due to such superior, in which cases the punishments above mentioned shall only be applicable to the superior who gave the order, unless he can prove that he likewise has acted under an order from superior authority.

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.