The former Yugoslav Republic of Macedonia

Criminal Code

SPECIAL PART

34. CRIMES AGAINST HUMANITY AND INTERNATIONAL LAW

Accountability of the inferior for crime committed upon order by the superior

Article 416-c

(1) The commitment of the crimes stipulated in the articles 403 through 416-a upon an order by a military commandant or other superior does not release the inferior of criminal accountability.

(2) The inferior who will commit a crime stipulated in the articles 403 through 416-a upon request by the superior or upon lawful decision, if he/she had legal obligation to obey the order or decision, and he/she did not know that it is illegal, and from the circumstances it was not obvious.

Keywords

Manifestly unlawful order
Superior orders - national proceedings



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