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
Procuring, conspiring in and soliciting the commission of the offences contained in this Title shall be punishable with a sentence of one or two degrees lower than that imposed for the full commission of the offence.

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.
4. Any superior not included in the above paragraphs who, within his or her effective sphere of responsibility, does not adopt those measures within his or her control to avoid the commission by his or her subordinates of offences contained in Chapters II, II bis and III of this Title shall be sentenced in the same way as those actually committing the offences in question.
5. Any superior who does not adopt the measures within his or her control to prosecute the offences contained in Chapters II, II bis and III of this Title committed by subordinates shall be punished with a sentence of two degrees lower than that imposed on those actually committing the offence in question.
6. Any civil servant or authority that, without engaging in conduct referred to in the previous paragraphs, failed, in breach of his or her obligations, to encourage the prosecution of any of the offences contained in Chapters II, II bis and III of this Title of which he or she has notice shall be disqualified from holding public office or employment for a period of between two and six years.

Article 616
In the event that any of the offences included within this Title and in the previous Title is committed by an authority or civil servant, such person shall, in addition to the sentences stated for such offences, be disqualified from holding public office for a period of between ten and twenty years; if such offences were committed by a private individual, the judges or courts may disqualify such person from holding public office or employment for a period of between one and ten years.

Article 616 bis
Under no circumstances shall the provisions of Article 20.7 of this Code apply to those who follow orders to commit or participate in the situations referred to in Chapters II and II bis of this title.

Keywords

Individual criminal responsibility
National penalties - national proceedings



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