Spain

Provisions of the Spanish Criminal Code Concerning International Crimes. Integrated Text Containing the Amendments Introduced by the Ley Organica 15/2003 Implementing the Statute of the International Criminal Court

TITLE XXIV
Offences against the International Community

CHAPTER IV
General Provisions

Article 615 bis
1. The authority or military commander or whoever effectively acts as a military commander who fails to adopt the measures within his or her control to avoid the commission of offences contained in Chapters II, II bis and II of this Title by forces under his or her effective command or control shall be sentenced in the same way as those actually committing the offences in question.
2. If the conduct referred to in the previous paragraph was the result of recklessness the sentence shall be reduced by one or two degrees.
3. The authority or military commander or whoever effectively acts as a military commander who fails to adopt the measures within his or her control to prosecute the offences contained in Chapters II, II bis and III of this Title by forces under his or her effective command or control shall be punished with a sentence of two degrees lower than that imposed on those actually committing the offence in question.

Keywords

Command responsibility - national proceedings
Superior / subordinate relationship (military) - national proceedings



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