Mesajı Okuyun
Old 23-02-2007, 11:15   #24
Belgium

 
Varsayılan

Özür dilerim ama ben zaten madde 24-34 çevirisini yaptim.


SECOND PART
Causes of annulment and diminution of criminal liability

Legal prescript and order from a superior

ARTICLE 24. - (1) A person who fulfills a legal prescript will not be penalized.
(2) A person who fulfills an order by a competent authority will not be liable.
(3) An order that has a crime as object shall not be executed in any circumstance. Otherwise the person that gives the order and the person who executes it will be liable.
(4) If the examination of the concordance with the law is barred by a legislative act, the person who gave the order will be liable.

Lawful self-defense and case of necessity

ARTICLE 25. - (1) When there is a wrongful violation, an imminent threat or repetition of such violation against oneself or the rights of others, acts of defense in proportion with the violation will not be penalized.
(2) In case of grave and certain danger for oneself or an other’s right, if not deliberately caused and if there is no other means of recovery, acts of defense performed in proportion with the gravity of the danger will not be penalized.

Exercise of right and consent of the concerned

ARTICLE 26. - (1) No one can be penalized for exercising his right.
(2) Regarding a right of which a person has full disposal, in case of consent, no one can be penalized.

Crossing the limit


ARTICLE 27. - (1) If limits are crossed not deliberately in cases of exemption of criminal liability, if the act is also penalized in case of negligence, the penalty will be reduced to one sixth till one third of the penalty prescribed by law.
(2) In case of lawful self-defense there will be no penalty if limits are crossed by excusable excitement, fear or agitation.

Use of force and violence, intimidation and threat

ARTICLE 28. - (1) There will be no penalty for crimes committed as a result of irresistible or ineluctable use of force or violence or a grave and imminent intimidation or threat. In these cases the person who exercised use of force and violence, intimidation and threat will be regarded as the offender.

Wrongful provocation

ARTICLE 29. - (1) A person who, committed a crime because of fury or severe pain following a wrongful act, will be convicted to a sentence of 18 till 24 years in stead of an aggravated life sentence and 12 till 18 years in stead of a life sentence. In other cases there will be a reduction of the penalty by one fourth till three fourth.

Fault

ARTICLE 30. - (1) A person who is not aware of the substantial elements of the legal definition of a crime, cannot have acted on purpose. In this case there is liability by negligence.
(2) A person who errs regarding the fulfillment of causes of increase or decrease of the penalty, benefits from this fault.
(3) A person who inevitably errs regarding the fulfillment of causes of increase or decrease of the penalty, benefits from this fault.

Minority

ARTICLE 31. - (1) Children whose age is under 12 years at the time of the deed cannot be penalized. There can be no criminal prosecution, however safety measures specific to children can be applied.
(2) If above the age of 12 years but under the age of 15 years and if not perceiving the legal meaning and consequences of his act or not having a sufficient capacity of self-determination, there is no criminal liability. However safety measures specific to children can be taken.
If able to understand his deed and having self-determination regarding this deed, their penalty will be reduced: aggravated life sentence to a penalty of nine to twelve years, life sentence to a penalty of seven till nine years. Other penalties will be reduced by two third, in this case the maximum penalty for each deed will be maximum six years.
(3) If at the time of performing the deed a person has already reached the age of fifteen years but not the age of eighteen years, his penalty will be reduced: aggravated life sentence to a penalty of fourteen to twenty years, life sentence to a penalty of nine till twelve years. Other penalties will be reduced by one half, in this case the maximum penalty for each deed will be maximum eight years.

Mental illness

ARTICLE 32. - (1) . A person will not be penalized if he did not perceive the legal meaning and consequences of his action or if his capacity of self-determination was substantially decreased because of mental illness. However, safety precautions will be taken regarding these persons.
(2) Not being in the degree as mentioned in the first paragraph, if one’s capacity of self-determination was substantially decreased, the penalty of aggravated life sentence will be transformed into a 25 years imprisonment, a life sentence will be transformed into a 20 years sentence. In other cases, the penalty will be reduced by maximum one sixth. The penalty, on the condition that the duration remains identical, may be executed as a safety precaution for mental illness patients.
Deaf-mute

ARTICLE 33. - (1) This Code will also be applied regarding deaf-mutes as follows:
Stipulations regarding minors under the age of 12 years will be applied to deaf-mutes under the age of 15 years, stipulations regarding minors older than 12 years and less than 15 years will be applied to deaf-mutes older than 15 years but less than 18 years, stipulations regarding minors older than 15 years bur less than 18 years will be applied to deaf-mutes older than 18 years but less than 21 years.


Temporary causes, alcohol or narcotic intoxication


ARTICLE 34. - (1) A person will not be penalized if he did not perceive the legal meaning and consequences of his action or if his capacity of self-determination was substantially decreased.
(2) If the use of alcohol or narcotics was deliberate, the first paragraph will not be applicable for the committed crime.