If its the latter, i could maybe see to letting them off on the understanding that it was probably done by a couple of poor guys up at 2 AM desperately trying to make a system that functions (i refuse to say works) when they arent getting paid nearly as much as they should be, with the knowledge that lives may literally be hanging on their ability to get this thing out as quickly as possible. By the time you get to 2 AM development, nothing makes sense anymore anyway. But if its the former, i think the only professional response would be to strap their computer to their back and send them into exile. Nobody who isnt powered by an unhealthy amount of coffee should look at this and go "yes, this is what we want."