Participation in hostilities

An order to perform certain actions or to refrain from performing actions can be communicated to subordinates in various ways: orally, in writing, by telephone, via messengers, etc. Subordinates cannot discuss the order itself, but in case of additional questions they can clarify its details or write a report on clarifying the order. Criminal liability arises precisely for an open refusal to carry out the order. A subordinate serviceman can openly refuse to carry out an order personally to the commander or publicly in front of the personnel orally, in writing or on video. Refusal is also open when, although no public statements have been made, the subordinate clearly commits actions or inactions that indicate that the order will not be carried out. Public group refusal in front of the personnel is more socially dangerous and can be a factor that aggravating the guilt.

In the event that a subordinate disputes the execution of a combat order, but actually carries it out, liability cannot arise. A crime is considered completed when the subordinate openly refuses to carry out the order or commits actions that indicate such a decision.