well, they aren't precisely criminals- its not really like they went to jails for extra manpower. Its a unit comprised of deserters and military offenders - so ppl who were in the military but failed to follow orders. But regular criminals can be included so...eh i also thought the idea of penal legionaires being a bit of a stretch, but platoons of deserters and military offenders existed in history so i'm fine with that xD
oh yea, disobeying orders is fairly easy to do if they were under command of Damon xD
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