BOOK I
General provisions on felonies and misdemeanours, the persons responsible, the penalties, security measures and other consequences of criminal offences

TITLE XXIV
Crimes against the International Community

CHAPTER III
On crimes against protected persons and assets in the event of armed conflict

Article 612

Whoever perpetrates the following acts during an armed conflict shall be punished with a sentence of imprisonment of three to seven years, without prejudice to the relevant punishment for the results caused :

5. Unduly or perfidiously uses a flag, uniform, insignia or distinctive emblem of neutral States, of the United Nations or other States that are not parties to the conflict, or of the adversaries, during attacks or to cover, favour, protect or hinder military operations, except in the cases specifically foreseen in the international treaties to which Spain is a party ;

6. Unduly or perfidiously uses the flag of parley or surrender to attack the inviolability or unduly retain the negotiator or any of the persons accompanying him, personnel of the Protecting Power or its Substitute, or a member of an International Fact Finding Commission ;

Article 8
War crimes
2. For the purpose of this Statute, "war crimes" means:
(b) Other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:
(vii) Making improper use of a flag of truce, of the flag or of the military insignia and uniform of the enemy or of the United Nations, as well as of the distinctive emblems of the Geneva Conventions, resulting in death or serious personal injury