'Command responsibility - national proceedings' in document 'Spain - Criminal Code (ENG)'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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 IV
Common provisions

Article 615 bis

1. The military authority or commanding officer, or whoever acts as such, who does not take the measures available to him to prevent the forces under his effective command or control committing any of the crimes included in Chapters II, II bis and III of this Title, shall be punished with the same penalty as the principals.

2. Should the above conduct take place due to serious negligence, the punishment shall be the lower one by one or two degrees.

3. The military authority or commanding officer, or whoever acts as such, who does not take the measures available to him to pursue the crimes included in Chapters II, II bis and III of this Title committed by persons under his effective command or control shall be punished with the penalty lower by two degrees to that of the principals.