Mesajı Okuyun
Old 21-05-2010, 15:44   #66
multipack

 
Varsayılan

ARTICLE 94 - Torture
1) A public officer who performs any act towards a person that is imcompatible with human dignity, and which causes that person to suffer physically or mentally, or affects the person's capacity to perceieve or his ability to act of his own will or insults them shall be sentenced to a penalty of imprisonment for a term of three to twelve years.
2) If the offence is committed against
a) a child, a person who is physically or mentally incapable of defending himself or a pregnant woman; or
b) a public officer or an advocate on account of the performance of his duty, a penalty of imprisonment for a term of eight to fifteen years shall be imposed.
3) If the act is conducted in the manner of sexual harassment, the offender shall be sentenced to a penalty of imprisonment for a term of ten to fifteen years,
4) Any other person who participates in the commission of this offence shall be sentenced in a manner equivalent to the public officer.
5) If the offence is committed by way of ommission there shall be no reduction in the sentence.

ARTICLE 95 - Aggravated Torture on Account of its Consequences
1) Where the act of torture causes to the victim
a) a permanent impairment of the functioning of any one of the sense or an organ,
b) a permanent speech defect;
c) a distinct and permanent scar on the face;
d) a situation which endangers a person's life, or
e) the premature birth of a child, where eth victim is a pregnant woman
the penalty determined in accordance with the above article shall be increased by one half.
2) Where the act of torture causes to the victim
a) an incurable illness or if it has caused the victim to enter a vegetative state,
b) the complete loss of functioning of one of the senses or organs,
c) the loss of the ability to speak or loss of fertility,
d) a permanent disfigurement of the face, or
e) the loss of an unborn child, where the victim is a pregnant woman
the penalty determined in accordance with the article above shall be doubled.
3) Where an act of torture results in the breaking of a bone, the offender shall be sentenced to a penalty of imprisonment for a term one to six years according to the effect of the broken bone on his ability to funcion in life.
4) Where an act of torture causes the death of the victim, the penalty to be imposed shall be aggravated life imprisonment.

ARTICLE 96 - Torment
1) Any person who performs any act which results in the torment of another person shall be sentenced to a penalty of imprisonment for a term of two to five years.
2) Where the acts falling under the above paragraph are committed against
a) a child, a person who is physically or mentally incapable of defending himself or a pregnant woman; or
b) a direct ascendant, direct descendant, adoptive parent or spouse, a penalty of imprisonment for a term of three to eight years shall be imposed.