'Not affording judicial guarantees to the passing of sentences and the carrying out of executions - NIAC' 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 III
On crimes against protected persons and assets in the event of armed conflict

Article 611

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

8. Declares the rights and actions by the nationals of the adversary to be abolished, suspended or inadmissible before a Judge or Court of Law ;

RELEVANT ROME STATUTE PROVISIONS

Article 8
War crimes
2. For the purpose of this Statute, "war crimes" means:
(c) In the case of an armed conflict not of an international character, serious violations of article 3 common to the four Geneva Conventions of 12 August 1949, namely, any of the following acts committed against persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention or any other cause:
(iv) The passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court, affording all judicial guarantees which are generally recognized as indispensable.