Malta

Criminal Code

BOOK FIRST PENAL LAWS

PART II
OF CRIMES AND PUNISHMENTS

Title I
OF GENOCIDE, CRIMES AGAINST HUMANITY AND WAR CRIMES

54E. (3) With respect to superior and subordinate relationships not described in subarticle (2), a superior is responsible for offences committed by subordinates under his effective authority and control, as a result of his failure to exercise control properly over such subordinates where -
(a) he either knew, or consciously disregarded information which clearly indicated, that the subordinates were committing or about to commit such offences,
(b) the offences concerned activities that were within his effective responsibility and control, and
(c) he failed to take all necessary and reasonable measures within his power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.

Keywords

Superior responsibility - national proceedings
Superior / subordinate relationship (civilian) - national proceedings



EDIT.