s 274.4
In forceNo defence of exceptional circumstances or superior orders
Volume 2sch (s 268.1-395.50)
Chapter 8Offences against humanity and related offences
Division 274Torture
274.4 No defence of exceptional circumstances or superior orders
It is not a defence in a proceeding for an offence under this Division that:
(a)
the conduct constituting the offence was done out of necessity arising from the existence of a state of war, a threat of war, internal political instability, a public emergency or any other exceptional circumstance; or
(b)
in engaging in the conduct constituting the offence the accused acted under orders of a superior officer or public authority;
but the circumstances referred to in paragraphs (a) and (b) may, if the accused is convicted of the offence, be taken into account in determining the proper sentence.
Research tools for this sectionSubscription
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.