'Command responsibility - national proceedings' in document 'Switzerland - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Book Two : Specific Provisions

Title Twelvequater : Common Provisions for Title Twelvebis and Title Twelveter

Art. 264k

1 A superior who is aware that a subordinate is carrying out or will carry out an act under the Title Twelvebis or Title Twelveter and who fails to take appropriate measures to prevent the act is liable to the same penalty as the perpetrator of the act. If the superior fails to prevent the act through negligence, the penalty is a custodial sentence not exceeding three years or a monetary penalty.

2 A superior who is aware that a subordinate has carried out an act under Title Twelvebis or Title Twelveter and who fails to take appropriate measures to ensure the prosecution of the perpetrator of the act is liable to a custodial sentence not exceeding three years or a monetary penalty.