Practice Relating to Rule 155. Defence of Superior Orders
Morocco’s Penal Code (1962) provides:
There is neither a crime nor a minor offence:
1. If the act was commanded by the law and ordered by the lawful authority;
2. If the perpetrator was materially forced to accomplish, or was materially placed in the impossibility to avoid, the offence, by an event stemming from an outside cause which he could not resist;
Any magistrate, public official, agent or holder of public authority or power who orders or commits any arbitrary act attacking either the individual liberty or civil rights of one or more citizens, is punished with the loss of his civil rights.
If he justifies his act by an order of his hierarchical superiors in an area of their competence, for which he owed them obedience, he benefits from an absolving excuse. In that case, the penalty is only applied to the superiors who have given the order.