CRIMINAL CODE ARTICLE 21 - WHEN THE UNFAIR IS LEGALIZED
In any case the police should also examine the justice of the order. Not only the legal or legal part. On the other hand, the citizen is accepted of an unfair, not by the one who gave the order, but by the one who executes it.
CRIMINAL CODE ARTICLE 21 - WHEN THE UNFAIR IS LEGALIZED
CRIMINAL CODE Article 21
Command
1. It is not unjust for an act which one undertakes to carry out an order given to him, according to the legal processes, by the qualifiled authority, if the law does not allow the recipient of the order to examine whether it is lawful or not. In this case, whoever gave the order is the one punished as the perpetrator.
2. The provision does not apply if the order is demonstrably unconstitutional or illegal.
What does the poet say here? That someone, because he has been placed in a position of authority, can give an order to someone else and the recipient will not ask him if he is legal or not?
That is, someone in authority can act unfairly but the law will perceive it as fair.
Which fair law prohibits someone to examine if a command from an authority is legal? Ie the authority will do what it wants on us. And if someone executes an unfair order, will they be unaccountable?
If for example a police officer unfairly beats a citizen on the street because he received an order. They made it legal. But is it fair?
In any case the police officer should also examine the justice of the order. Not only the legal or the jurisprudential part. On the other hand, the citizen is becoming the recipient of unfairness, not by the one who gave the order, but by the one who executes it.
So the citizen should have been able to act legally against both, because both are acting unfairly.
But there are cases where the citizen can command one service or the authority behind it (like the orders of repayment of all debt that you can find in the offices of ellinon syneleysis ).
Here the citizen becomes a principal and commands!
So the employees, for example, of the tax department can execute the order, because here the citizen can command and in fact the service is called to check the legality. And they must do it.
And with paragraph 1 of article 21, the order must be executed and the citizen is considered author. So the employee will be legal if he executes the order. Otherwise, he will not be!
Pursuant to paragraph 2 of article 21 if the order is expressly illegal or unconstitutional, the above citizen should have been prosecuted with serious charges. Something that does not happen.
Source: erifyli blog in Crete https://erifylh.blogspot.com
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https://esy-sydney.blogspot.com/2020/10/criminal-code-article-21-when-unfair-is.html
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