Re Malm

• Jurisdiction: Finlandia
• Docket Number: Case No. 138
• Date: 26 August 1947
• Court: Supreme Court (Finland)

Finland, Supreme Court.

Case No. 138

In re Malm.

War Crimes — Superior Orders — Superior Orders given in Breach of the Law.

The Facts.—The accused, who had been commander of a prisoner-of-war camp, was charged with having destroyed certain papers entrusted to his custody relating to the investigation of alleged crimes committed against Russian prisoners of war. He pleaded that he had destroyed the papers in pursuance of an order received from a higher authority. The Military Court of Appeal accepted that plea and found him not guilty. On further appeal,

Held: that the judgment of the Court below must be reversed in so far as the plea of superior orders was concerned. The accused was sentenced to a fine. In destroying the papers he must have realized that he was committing a breach of the...