The Regime Does Not Know Best Act 2026

The Regime Does Not Know Best Act 2026

Passed on the 17th April 2026, and signed on the same day

Preamble

Whereas illegal orders must not be obeyed;

Be it enacted by the Senate of SimDemocracy

Article 1: Amendments to the Executive Departments Act 2025

§1. After Part 2: Statutory Departments in the Executive Departments Act 2025 a new Part 3: General Procedures In Departments shall be added, with all following Parts and Articles being renumbered accordingly, that reads:

Part 3: General Procedures in Departments

Article 8: Refusing Illegal Orders

§1. Any staff hired to a statutory or non-statutory Department, Executive Officer or other person being legally bound by an order of a superior state officer within the Executive (ordered person) may refuse any illegal order, provided the following procedure is observed:

§1.1. The ordered person first requests reasoning for the order. This step shall not be necessary if the original order already contained sufficient reasoning.

§1.2. If the ordered person then still believes the order to be illegal, they may formally request the superior of the ordering person to review the legality of the order. This step shall not be necessary if such a superior does not exist or the superior does not respond within 48 hours.

§1.3. The superior shall either change or withdraw the order of the ordering person, if they believe the order to be illegal, or confirm it, if they believe it to be legal. §1. Shall not apply for such confirmations, changes and withdrawals.

§1.4. If the superior of the ordering person does not change or withdraw the order to the satisfaction of the ordered person, the ordered person may apply for relief at the Inferior Court.

§1.5. The Inferior Court shall have the power to change or withdraw the order, if the order is illegal.

§1.6. The Inferior Court shall act inquisitorial in such proceedings.

§2. Any action under this Article shall not have a suspensory effect on the respective order, unless the ordered person applies for such at the Inferior Court, which they may do at any step.

§2.1. Upon application for the suspensory effect, the order shall be suspended until the Inferior Court decided regarding the suspensory effect.

§2.2. The Inferior Court shall grant the suspensory effect, if the order is more likely than not illegal and if the harm caused by such an effect does not exceed the inherent and actual harm of the illegal order. The Inferior Court shall decide summarily and speedily.

§3. No person shall be punished in any way for exercising their Rights under this Article. §4. Any attempt to circumvent the Exercise of the Rights under this Article, such as replacing the ordered person, shall be considered as part of the original order and as such affected by any suspensory effect under this Article. §5. This Article does not protect the ordering person from criminal liability for their illegal order.

§5.1. Other statutes regulating criminal liability notwithstanding, an illegal order, meaning an order contrary to higher legal authority, shall be considered as an act for which the government official had no legal right or authority to commit under Art. 29 Abuse of Power of the Criminal Code 2020 and shall additionally always be considered to satisfy §3. of Art. 29 Abuse of Power of the Criminal Code 2020.

§2. In Article 2: The Department of Justice (DOJ) of the Executive Departments Act 2025 a new §4.2. Shall be added that reads:

§4.2. Once the SAO initiates a criminal prosecution, it shall not drop a case except for good cause. The following cases are good cause:

§4.2.1. Newly uncovered evidence now making an acquittal more likely than not.

§4.2.2. In cases of little social harm the matter being settled in a different way.

§4.2.3. Significant prosecutorial misconduct occurred.

§4.2.4. The law requires dropping the case.

§4.2.5. Further continuing the prosecution would be a grave miscarriage of Justice.

§4.2.6. Art. 8 Refusing Illegal Orders shall apply.

Article 2: Implementation

§1. This bill shall go into effect upon passage in the Senate and signature from the President.