Mauritius

Criminal Code

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.

Keywords

Manifestly unlawful order
Superior orders - national proceedings



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