Who has the power to release prisoners?

On 12 February, the military released thousands of criminals from prison (note: this is not unusual, on the same day last year, the former president pardoned 25,000 prisoners).

The Commander in Chief claimed to be exercising presidential power under section 204(a) of the Constitution (Order 58/2021).

This is an example of the Commander in Chief breaching the Constitution. The vice-president Myint Swe was appointed as acting president. If an acting president is appointed during a state of emergency, then the acting president should be the one exercising presidential powers as set out in the Constitution.

The Commander in Chief can only exercise powers under to section 419 (or s420, more on that later). While it does allow the Commander in Chief to exercise executive power, this is presumably only to the extent that he does not delegate these powers to others.

The Commander in Chief cannot both delegate power to the president and exercise the powers of the president.