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Explanation of Article 126

Explanation of Article 126

This article addresses the ruling on a public employee causing harm while executing a mandatory order. It stipulates that the employee shall not be held liable for his actions that harm others if he performed them in execution of a statutory provision or an order issued to him by his superior, provided that obedience to this provision or order was obligatory for him, or he believed with acceptable justification that it was obligatory. He must prove that he had reasonable grounds to believe in the legality of the action and that he exercised caution and prudence in his conduct.

Article 126

A public servant shall not be held liable for any action he carries out that causes harm to a third party if such action is carried out in compliance with a legal provision or an order issued by his superior, provided that such compliance is mandatory or that the public servant believes it to be mandatory based on acceptable justifications, and he proves that he had reasonable grounds to believe that said action was lawful and that it was carried out with reasonable care and caution.