PART TWO
SPECIAL PART
CHAPTER TWELVE
CRIMINAL OFFENCES AGAINST PEACE, AGAINST HUMANITY, CRIMINAL OFFENCES OF TERRORISM, EXTREMISM AND WAR CRIMES
Title Three
Common Provisions
Section 435
(4) A superior, except for a superior referred to in paragraph 3, shall be held criminally responsible for crimes referred to in this Chapter even if they were committed by subordinates under his effective authority and control, as a result of his failure to exercise control properly over such subordinates, if
a) he either knew, or consciously disregarded information which clearly indicated, that the subordinates were committing or about to commit such crimes,
b) the crimes concerned activities that were within the effective responsibility and control of the superior, and
c) 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.
Superior responsibility - national proceedings
Superior / subordinate relationship (civilian) - national proceedings
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