Greece

Law No. 3948/2011 on the adaptation of internal law to the provisions of the ICC Statute, adopted by Law 3003/2002 (A '75)

PART A
PROVISIONS OF SUBSTANTIVE CRIMINAL LAW

2. SPECIAL PART

Art. 14
Breach of duty to exercise proper control

1. A military commander who, with the exception of the case of art. 6, intentionally omits to exercise proper control upon his/her subordinates, who are subject to his/her commands or de facto control, shall be sentenced to a term of imprisonment of at least 2 years, in case that the subordinate commits or attempts to commit a criminal act proscribed in this Act, provided that the commander was able to foresee and prevent the commission of this act.

2. A political superior who, with the exception of the case of art. 6, intentionally omits to exercise proper control upon his/her subordinates, who are subject to his/her commands or de facto control, shall be sentenced to a term of imprisonment of at least 2 years, in case that the subordinate commits or attempts to commit a criminal act proscribed in this Act, provided that the commander was able to foresee and prevent the commission of this act.

3. The negligent breach of the above duty shall entail the imposition of a sentence of a term of imprisonment not exceeding 3 years.


Art. 15
Failure to report a crime

A military commander or political superior who omits to report immediately to the competent for investigation and prosecution authority a criminal act proscribed in the present Act, which was committed by one of his/her subordinates, shall be sentenced to a term of imprisonment (from 10 days to 5 years).

Keywords

National penalties - crimes against humanity
National penalties - war crimes
National penalties - national proceedings



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