Nuno Cardoso, managing associate of the Criminal Law, Misdemeanour and Compliance area, clarifies doubts about the consequences incurred by a military member if there is a refusal to comply with an order given by a hierarchical superior, to the Poligrafo SIC.
According to the TELLES lawyer, specialized in Criminal Law, Misdemeanour and Compliance, "the militarm who, without justifiable reason, refuses or fails to comply with any order that, in the use of legitimate attributions, has been given by a hierarchical superior, incurs the contingency of being punished with imprisonment".
“In wartime, a militar cannot refuse an order to go to the front because he could die, since that danger falls within the scope of his military duty", adds Nuno Cardoso. The justified reason necessary to legitimize the non-compliance with the order will have to be so evident that any other soldier placed under the same circumstances would conclude in the same way", concludes the TELLES lawyer.
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