Penal Code · English · 2015
Article 35
Responsibility of the Subordinate
A subordinate who has taken out an order to commit an offence shall be liable to punishment where he was aware of the illegal nature of the order or knew that the order was given without authority or knew the criminal nature of the act ordered, such as in cases of murder, arson or any other grave offence against persons or property, essential public interests or international law.
#The Court may, without restriction, reduce the penalty (Article 66) where the person who performed the act was moved by a sense of duty dictated by discipline or obedience: the Court shall take into consideration the compelling nature of the duty.
#The Court may impose no punishment where, having regard to all circumstances and in particular to the stringent exigencies of State or military discipline, the person concerned could not discuss the order received and act otherwise than he did
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