'Unique provision - war crimes' in document 'Estonia - Penal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part 2
SPECIAL PART

Chapter 8
OFFENCES AGAINST HUMANITY AND INTERNATIONAL SECURITY

Division 4
War Crimes

§ 94. Punishment for offences not provided for in this Division

(1) Offences committed in war time which are not provided for in this Division are punishable on the basis of other provisions of the Special Part of this Code.

(2) A person who commits an offence provided for in this Division shall be punished only for the commission of a war crime even if the offence comprises the necessary elements of other offences provided for in the Special Part.

Part 2
SPECIAL PART

Chapter 8
OFFENCES AGAINST HUMANITY AND INTERNATIONAL SECURITY

Division 4
War Crimes

§ 98. Unlawful treatment of prisoners of war or interned civilians

A person required to take care of prisoners of war or interned civilians who mistreats a prisoner of war or an interned civilian or fails to perform his or her duties and thereby causes the situation of the prisoners of war or interned civilians to deteriorate, but the act does not contain the necessary elements of an offence provided for in § 99 of this Code§ 99 of this Code,
shall be punished by a pecuniary punishment or up to 3 years’ imprisonment.

Part 2
SPECIAL PART

Chapter 8
OFFENCES AGAINST HUMANITY AND INTERNATIONAL SECURITY

Division 4
War Crimes

§ 100. Refusal to provide assistance to sick, wounded or shipwrecked persons

Refusal to provide assistance to a sick, wounded or shipwrecked person in a war zone, if such refusal causes the death of or health damage to the person, is punishable by 3 to 12 years’ imprisonment.