Spans in 'Kyrgyzstan - Criminal Code (ENG)' tagged with 'Manifestly unlawful order'

'Manifestly unlawful order' in document 'Kyrgyzstan - Criminal Code (ENG)'

Jump to:

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

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

GENERAL PART

SECTION II. CRIME

CHAPTER 8. CIRCUMSTANCES EXCLUDING CRIMINALITY OF ACT

Article 39. Execution of Order

(1) Infliction of harm in lawful execution of order by a person, as well as fulfillment of duties provided for by position of such person, shall not be recognized a crime.

(2) A person that committed a crime under knowingly criminal order shall be held criminally liable on common grounds.

(3) A person shall not be criminally liable for non-execution or violation of order or duties assigned to such person unlawfully. Liability shall only be applied if the act actually committed by such person contains components of another crime.

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.