Practice Relating to Rule 154. Obedience to Superior Orders
Poland’s Penal Code (1997) provides: “A soldier who does not execute or refuses to execute an order or executed an order in a way inconsistent with its contents, shall be punished.”
However, the Code also states:
1. A soldier who refuses to execute an order consisting in committing an offence or does not execute it, does not commit an offence described in Art. 343.
2. In case of the execution of an order mentioned in § 1 in a way inconsistent with its contents in order to diminish the harmfulness of the acts, the court may apply an extraordinary mitigation of punishment or desist from inflicting it.