Kyrgyzstan

Criminal Code of the Kyrgyz Republic

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.

Keywords

Manifestly unlawful order
Superior orders - national proceedings



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