GENERAL PART
SECTION THREE. EXCULPATORY CIRCUMSTANCES
CHAPTER 9. NOTION AND TYPES OF EXCULPATORY CIRCUMSTANCES
Article 40. Execution of Order or Another Duty
Causing harm by execution of an order or instruction, as well as of one’s duties, shall not be a crime.
A person, who committed a crime executing an intentionally criminal order or another instruction, shall be liable in accordance with the general procedure.
A person shall not be liable for non-execution or defiance of an order, instruction or functions, if he was given them unlawfully. He shall be liable only in the instance, if an act actually committed by him contains elements of another corpus delicti.
Unique provision - defences
Command responsibility - national proceedings
Superior responsibility - national proceedings
Superior / subordinate relationship (military) - national proceedings
Superior / subordinate relationship (civilian) - national proceedings
Other defences - national proceedings
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