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destroying or seizing the property of an adversary unless such destruction or
seizure be imperatively demanded by the necessities of the conflict;
shall be sentenced to imprisonment for not less than fifteen years.
Aggression
Article 103
Any person who commits the act of aggression, defined in accordance with the
international law, shall be sentenced to imprisonment for not less than fifteen years.
Liability of Military Commanders and Other Superiors
Article 104
(1) A military commander shall be sentenced to imprisonment between one and
eight years for criminal offences referred to in Articles 100 to 103 of this Penal Code,
which were committed by the units under his actual command and control, because he
did not correctly perform control over these units and did not carry out all appropriate
and required measures within his competences to prevent or stop these criminal
offences or he failed to submit the matter to the competent authorities for investigation
and persecution, even though he knew his units committed or could have committed in
given circumstances such criminal offences.
(2) Any person who actually acts as a military commander or who actually
performs management duties or supervision in a civilian organisation or company shall
be sentenced in the same manner for the actions referred to in the previous paragraph.
(3) A military commander or person who actually acts as a military commander
or who actually performs management duties or supervision in a civilian organisation or
company, who should or would have to know that his units committed or would commit
under the given circumstances criminal offences under Articles 100 to 103 of this Penal
Code, shall be sentenced with imprisonment between six months and five years for the
actions referred to in previous paragraphs.
Association and Incitement to Genocide, Crimes
against Humanity or Aggression
Article 105
(1) Whoever establishes a criminal organisation to commit criminal offences
under Articles 100 to 103 of this Penal Code shall be sentenced with imprisonment
between one and ten years.