'Superior responsibility - national proceedings' in document 'Montenegro - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

SPECIAL PART

TITLE THIRTY-FIVE
CRIMINAL OFFENCES AGAINST HUMANITY AND OTHER VALUES GUARANTEED BY INTERNATIONAL LAW

Omission to Prevent Criminal Offences against Humanity and Other Values Protected under International Law

Article 440
(1) A military commander or a person performing this function or a superior civilian who knowing that forces he is commanding or controlling are preparing or have commenced the commission of any of the criminal offences under Articles 426 to 430, Art.432, Art. 434 to 437 and Art.439 hereof omits to take the necessary measures that he could have taken and was obliged to take for the prevention of commission of the offences and thereby causes actual commission of any of the offences shall be punished by a prison term from two to ten years.

(2) Where the offence under para. 1 above was committed by negligence, the perpetrator shall be punished by a prison term up to three years.