{"schemaVersion":1,"recordType":"legal-article","id":"law:eri:code:penal:2015:article:35","workId":"law:eri:code:penal:2015","expressionId":"law:eri:code:penal:2015:en","title":"Responsibility of the Subordinate","number":"35","language":"en","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/35/","hierarchy":{"part":"PART I — THE GENERAL PART","book":"BOOK I — OFFENCES AND THE OFFENDER","title":null,"chapter":"Chapter 4. — Absence of Criminal Responsibility"},"paragraphs":[{"id":"p1","number":"1","text":"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.","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/35/#p1","sourceTargets":[{"sourceId":"penal-code-2015-en","pdfPage":45,"url":"https://eriatlas.com/sources/penal-code-2015/page/45/?article=35&paragraph=p1#article-35-p1"}]},{"id":"p1-tail","number":"","parentId":"p1","text":"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.","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/35/#p1-tail","sourceTargets":[{"sourceId":"penal-code-2015-en","pdfPage":45,"url":"https://eriatlas.com/sources/penal-code-2015/page/45/?article=35&paragraph=p1-tail#article-35-p1-tail"}]},{"id":"p2","number":"2","text":"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","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/35/#p2","sourceTargets":[{"sourceId":"penal-code-2015-en","pdfPage":45,"url":"https://eriatlas.com/sources/penal-code-2015/page/45/?article=35&paragraph=p2#article-35-p2"}]},{"id":"p3","number":"3","text":"Where a person intentionally exceeded an order he alone shall be liable for the excess.","canonicalUrl":"https://eriatlas.com/law/penal-code-2015/article/35/#p3","sourceTargets":[{"sourceId":"penal-code-2015-en","pdfPage":45,"url":"https://eriatlas.com/sources/penal-code-2015/page/45/?article=35&paragraph=p3#article-35-p3"}]}],"caution":"English-language 2015 Ministry of Justice edition. Refworld catalogues this English expression as an unofficial translation; Eri Atlas has not independently verified the translation."}