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.
In addition to other grounds of criminal responsibility under this Statute for crimes within the jurisdiction of the Court:
(b) With respect to superior and subordinate relationships not described in paragraph (a), a superior shall be criminally responsible for crimes within the jurisdiction of the Court committed by subordinates under his or her effective authority and control, as a result of his or her failure to exercise control properly over such subordinates, where:
(i) The superior either knew, or consciously disregarded information which clearly indicated, that the subordinates were committing or about to commit such crimes;
(ii) The crimes concerned activities that were within the effective responsibility and control of the superior; and
(iii) The superior failed to take all necessary and reasonable measures within his or her power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.