I believe that should not be a valid defense, ever.
If you’re not OK with what you’re ordered to do, you should not do it (and we should have a system of justice and social support which honors that).
If you actually do something you’re responsible for that deed, ie possibly culpable.
If you’re being pressured/manipulated/… the person doing so is responsible for that, so culpable as well - but notin place - if applicable.
German law actually contains an apologetic first step in this direction, called ‘Remonstration’. I think we can all guess how it wound up in that particular legal system.
Besides being able to point at the article and say “see, we fixed it”, I’m not aware of a single (let alone significant) case where it was actually/successfully used.
In somewhat interesting contrast, German law does not codify protection of whistle blowers, for example.
I believe that should not be a valid defense, ever.
If you’re not OK with what you’re ordered to do, you should not do it (and we should have a system of justice and social support which honors that).
If you actually do something you’re responsible for that deed, ie possibly culpable.
If you’re being pressured/manipulated/… the person doing so is responsible for that, so culpable as well - but not in place - if applicable.
German law actually contains an apologetic first step in this direction, called ‘Remonstration’. I think we can all guess how it wound up in that particular legal system.
Besides being able to point at the article and say “see, we fixed it”, I’m not aware of a single (let alone significant) case where it was actually/successfully used.
In somewhat interesting contrast, German law does not codify protection of whistle blowers, for example.
gross. Although in the US the law is pretty much useless, so I guess at least Germany is honest? 🤷♀️