General provision
SECTION II
CRIME
CHAPTER 8
CIRCUMSTANCES EXCLUDING CRIMINALITY OF ACT
Article 40. Execution of the order or instruction
40.1. Causing of harm to objects protected by the present Code by a person working in the obligatory performance of the order or instruction for him, given according to rules, shall not be instituted as a crime. The criminal liability for causing of such harm shall carry out a person who has given an illegal order or instructions.
40.2. The person, who has committed a deliberate crime by execution of obviously illegal order or instructions, shall carry out the criminal liability in accordance with general grounds.
40.3. Default of illegal order or instruction shall not attract the criminal liability or punishment under the present Code, irrespective of a place of commitment a crime.
1. In addition to other grounds for excluding criminal responsibility provided for in this Statute, a person shall not be criminally responsible if, at the time of that person's conduct:
(d) The conduct which is alleged to constitute a crime within the jurisdiction of the Court has been caused by duress resulting from a threat of imminent death or of continuing or imminent serious bodily harm against that person or another person, and the person acts necessarily and reasonably to avoid this threat, provided that the person does not intend to cause a greater harm than the one sought to be avoided. Such a threat may either be:
(i) Made by other persons; or
(ii) Constituted by other circumstances beyond that person's control.