CROATIA CRIMINAL CODE

SPECIAL PART

CHAPTER THIRTEEN (xiii) - CRIMINAL OFFENSES AGAINST VALUES PROTECTED BY INTERNATIONAL LAW

Article 167a

(1) A military commander or another person acting in effect as a military commander or as a civilian in superior command or any other person who in a civil organization has the effective power of command or supervision shall be punished for the criminal offenses referred to in Articles 156 through 167 of this Code if he knew that his subordinates had committed these criminal offenses or were about to commit them and failed to take all reasonable measures to prevent them. The application of this Article excludes the application of the provision contained in paragraph 3, Article 25 of this Code.

(2) The persons referred to in paragraph 1 of this Article who had to know that their subordinates were about to commit one or more criminal offenses referred to in Articles 156 through 167 of this Code and failed to exercise the necessary supervision and to take all reasonable measures to prevent the perpetration of these criminal offenses shall be punished by imprisonment for one to eight years.

(3) The persons referred to in paragraph 1 of this Article who do not refer the matter to competent authorities for investigation and prosecution against the perpetrators shall be punished by imprisonment for one to five years.

CROATIA CRIMINAL CODE

SPECIAL PART

CHAPTER TWENTY-SIX (xxvi) CRIMINAL OFFENSES AGAINST THE ARMED FORCES OF THE REPUBLIC OF CROATIA

Article 388

There shall be no criminal offense if an act is committed by a subordinate pursuant to an order from his superior given in the line of official duty, except if such an order relates to the perpetration of a war crime or another criminal offense for which, according to law, imprisonment for ten years or a more severe punishment may be imposed, or if it is obvious that by obeying such an order a criminal offense would be committed.