Ukraine

Criminal Code of Ukraine

GENERAL PART

Chapter VIII. CIRCUMSTANCES EXCLUDING CRIMINALITY OF AN ACT

Article 41. Obeying an order or command

1. A person's action or omission that caused harm to legally protected interests, shall be lawful, where that person acted to obey a legal order or instructions.

2. An order or command is held to be lawful where it is duly issued by an appropriate person acting within his/her commission and, in its substance, is not contrary to applicable laws and does not breach the constitutional rights and freedoms of the human being and citizen.

3. A person shall not be criminally liable for disobeying a patently criminal order or command.

4. A person, who obeyed a patently criminal order or command, shall be criminally liable on general grounds for the acts committed in pursuance of such order or command.

5. Where a person was not and could not be aware of the criminal nature of an order or command, the criminal liability for the act committed in pursuance of such order or command shall arise only with respect to the person who gave the criminal order or command.

Keywords

Manifestly unlawful order
Superior orders - national proceedings



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