Spans in 'Spain: Provisions of Criminal Code implementing RS' tagged with 'Superior responsibility

'Superior responsibility - national proceedings' in document 'Spain: Provisions of Criminal Code implementing RS'

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More information about the document 'Spain: Provisions of Criminal Code implementing RS'
The relevant provisions of implementing legislation: [1]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

TITLE XXIV
Offences against the International Community

CHAPTER IV
General Provisions

Article 615 bis
1. The authority or military commander or whoever effectively acts as a military commander who fails to adopt the measures within his or her control to avoid the commission of offences contained in Chapters II, II bis and II of this Title by forces under his or her effective command or control shall be sentenced in the same way as those actually committing the offences in question.
2. If the conduct referred to in the previous paragraph was the result of recklessness the sentence shall be reduced by one or two degrees.
3. The authority or military commander or whoever effectively acts as a military commander who fails to adopt the measures within his or her control to prosecute the offences contained in Chapters II, II bis and III of this Title by forces under his or her effective command or control shall be punished with a sentence of two degrees lower than that imposed on those actually committing the offence in question.
4. Any superior not included in the above paragraphs who, within his or her effective sphere of responsibility, does not adopt those measures within his or her control to avoid the commission by his or her subordinates of offences contained in Chapters II, II bis and III of this Title shall be sentenced in the same way as those actually committing the offences in question.
5. Any superior who does not adopt the measures within his or her control to prosecute the offences contained in Chapters II, II bis and III of this Title committed by subordinates shall be punished with a sentence of two degrees lower than that imposed on those actually committing the offence in question.
6. Any civil servant or authority that, without engaging in conduct referred to in the previous paragraphs, failed, in breach of his or her obligations, to encourage the prosecution of any of the offences contained in Chapters II, II bis and III of this Title of which he or she has notice shall be disqualified from holding public office or employment for a period of between two and six years.