Comanda autorităţii legitime – cauză justificativă. Aspecte juridice şi psihologice
Order of the legitimate authority – probative cause. Legal and psychological issues

Summary/Abstract: Hierarchically organized structures, militarized or not, are characterized by the existence of an obedience obligation, of submission of some people towards others depending on the position that they occupy in the hierarchy. This obligation involves a limitation of free will, most of the times, a limitation of the liberty to decide upon the legality of the action, and it can extend as far as totally removing the possibility of appreciating the legality of said action. This leads to the topic of responsibility for eventually committing illicit deeds, be it ones with criminal nature, contraventional, disciplinary or civil, the implications that can occur derive from numerous aspects of subjective nature that need to be considered starting with the intellectual capacity of the subject to forsee and understand the consequences of his actions, and continuing with appreciating upon the free will that the subject has in relation with his superior, from which he receives the order. The Romanian law, but also foreign law, expressly mentions this situation either as a justificative or as a cause for not holding the subject accountable for the deed, or one that limits said accountability. Although it is specifically mentioned in the criminal law, we consider that it can be considered a general cause of removing accountability for ones actions, when all of the fundamental conditions are met.

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