Afghanistan

Penal Code

First Book
General Provisions

Section Two
CRIMES

CHAPTER FOUR
Instruments of Freedom

Part Two
Discharge of Duty

Article 56

Commitment of criminal act in the folloWing-instancos is considered discharge of duty :

2. In carrying out the orders issued by a competent authority to which he is obliged by the provision of the law, or when he believes that execution of the orders of competent authorities are from his legal obligations.

3. In both instances included in this article, the assigned official is obliged to prove that his belief regarding the legitimacy of the act had been based on rational reasons and that the act was committed only after necessary precautions had boon taken ; but, if the official, by the way of provision of law, did not have the right to objoct to the orders of the competent authority, he shall under no circumstances be punished for committing a criminal act as included in paragraphs 1 and 2 of this article.

Keywords

Superior orders - national proceedings



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