State: Austria Law or Regulations: Military Penal Code
Part I: General Part
Art. 3 Obeying orders contrary to criminal law
Art. 3 – Obeying orders contrary to criminal law
(1) Acts punishable by courts committed by a soldier are imputable to him even in case he committed them under order .
(2) The prosecutor may however decide not to prosecute or terminate the proceedings against a soldier who committed a crime under superior order if the act had no consequences or only minor ones and punishment is not required to deter further criminal acts by the offender. Under such conditions, a court may also at any time decide to terminate the proceedings.
