Execution of orders issued by the competent public authority and its impact on the legalization of the act

Document Type : Original Article

Author

Faculty of Law - Mansoura University

Abstract

The performance of duty or the use of power is one of the most important reasons for permissibility dealt with by the Penal Code in the organization and addressed by its jurists with explanation and clarification, and has raised many problems recently, especially during the revolution of January 25, 2011 in the case of killing demonstrators, where he accused the policemen, but these invoked that when they faced cases of demonstration and shot them, fatally injuring them,  They carried out orders issued to them by their superiors, that is, they were powerless heads who performed their functional duties in maintaining security and order, and then they were not asked about the results of their actions that they carried out in obedience to their superiors, but the responsibility returned to their superiors to whom they issued orders, while their actions are permissible because they were carried out according to the orders of the superiors. Hence, I found that this topic is worth researching and studying, so I dealt in this research with clarifying the provisions for the implementation of orders issued by the public authority Competence and its impact on the permissibility of the act, since the availability of the elements of the crime in the act does not always entail the characterization of a crime, as a result of the fact that the act committed is aware of some of the reasons that allow its commission. In such cases, the legislator considers that the act committed did not cause the damage or danger for which the criminalization provision was drawn up, thus denying it a criminal character. 

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