Mesajı Okuyun
Old 21-05-2010, 14:44   #65
multipack

 
Varsayılan

ARTICLE 86 - Intentional Injury
1) Any person who intentionally causes another person pysical pain or who impairs person's health, or ability to perceive, shall be sentenced to a penalty of imprisonment for a term of one to three years.
2) Where the effect of an intentional injury upon a person is minor and can be cured by a simple medical treatment then, upon the complaint of the victim, a penalty of imprisonment for a term of four months to one year, or a judicial fine shall be imposed.
3) Where an intentional injury is committed
a) against a direct antecedent, direct descendent, spouse or sibling;
b) against a person who cannot defend himself physically or mentally
c) against a person because of his duties as a public officer;
d) on account of a public officer misusing his influence; or
e) by using a weapon,
the penalty to be given shall be increased by one half and shall not require a complaint.

ARTICLE 87 - Aggravated Injury on Account of its Consequences
1) If the act of intentional injury results in
a) the permanent impairment of the functioning of any one of the senses or organs of the victim;
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 the victim is a pregnant woman
then the penalty to be determined according to the above article shall be doubled. However, the penalty of imprisonment to be imposed shall not be for a term of less than three years for offences defined in section one and the penalty to be imposed shall not be for a term of less than five years imprisonment for offences defined in section three,
2) If the act of intentional injury results in
a) An incurable illness or causes a vegetative state in the victim;
b) The complete loss of functioning of one of the senses or organs;
c) The loss of the ability to speak or the loss of fertility;
d) A permanent disfigurement to the face;
e) The loss of an unborn child, where the victim is a pregnant woman,
then the penalty to be determined according to the aforementioned article shall be doubled. However, the penalty of imprisonment to be imposed shall not be for a term of less than five years imprisonment for offences defined in section one or not be for a term of less than eight years for offences defined in section three.
3) Where the intentional injury results in the fracture or dislocation of a bone, the penalty to be imposed according the aforementioned article shall be increased by one half according to the effect of the fractured or dislocated bone on his ability to function in life.
4) Where the intentional injury results in the death of a person, the offender shall be sentenced to a penalty of imprisonment for a term of eight to twelve years for offences defined in section one and twelve to sixteen years for offences defined in section three.

ARTICLE 88 - Intentional Injury by Ommission
1) Where there is an intentional injury due to recklessnes, the penalty to be imposed shall be reduced by up to two thirds. In the implementation of this provision, the conditions which relate to the offence of intentional killing by ommission are to be taken into consideration.

ARTICLE 89 - Reckless Injury
1) A person who recklessly causes another physical pain or who impairs another's health, or ability to perceive, shall be sentenced to a penalty of imprisonment for a term of three months to one year, or a judicial fine.
2) If the reckless injury act causes to the victim
a) a permanent impairment of the functioning of any one of the senses or organs of the victim;
b) a permanent speech defect;
c) a distinct and permanent scar on the face;
d) a situation which endangers a person's life;
e) the premature birth of a child, where the victim is a pregnant woman,
then the penalty to be imposed, according to section one shall be increased by up to one half.
3) If the reckless injury act 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 pergnant woman,
then the penalty to be imposed according to section one shall be doubled.
4) Where the act results in the injury of more than one person, then a penalty of imprisonment for a term of six months to three years shall be imposed.
5) An investigation and prosecution for the offence of reckless injury shall be subject to a complaint. However, except for the cases where an injury falls within the scope of section one, no complaint is required where the offence is committed with conscious recklessness.

ARTICLE 90 - Experimentation on Human Beings
1) Any person who carries out a scientific experiment on a human being shall be sentenced to a penalty of imprisonment for a term of one to three years.
2) The following conditions must be satisfied to aviod criminal culpability in respect of consensual experimentation on a human being
a) authorisation from the relevant council or body shall be receieved;
b) the experiment shall first be conducted in an experimental environment other than the human body or on a sufficient number of animals,
c) the scientific data obtained through an experiment conducted in an experimental environment other than the human body, or on animals, should necessitate the experiment then being performed on human beings in order to attain its objectives,
d) the experiment should not foreseeably damage, or have a permanent effect upon, human health;
e) no method should be employed that might results in the test subject suffering to a degree unacceptable to human dignity;
f) The objective of the experiment sould outweigh any danger to the person's health or burden placed upon him; and
g) The consent of the test subject should be in writing and based on sufficient information about the content and consequences of the experiment, and should not be dependent upon securing any gain.
3) In addition to the conditions specified in section two, the following conditions must be satisfied to avoid criminial liability for the experimentation on children
a) the scientific data obtained through an experiment that has been conducted in an experimental environment should necessitate the experiment than being performed on a child, in order to attain its objectives;
b) written consent of the mother and father, or legal guardian, and the consent of the child, where he has the capacity to give consent; and
c) the presence of a child health and illness expert from an authorised
body which has the capacity to give permission for the experiment.
4) Any person who conducts a test upon a patient, for the purposes of medical treament without receiving the patient's consent, shall be sentenced to a penalty of imprisonment for a term of up to one year. However, where it is understood that existing methods of known treatment shall not yield any positive results, conducting an experiment, while using known scientific methods, upon a person who has consented to such, with the aim of treating such person, shall not incur criminal responsibility. The consent should be in writing and be based on sufficient information about the content and consequences of the experiment, and the medical treatment should be conducted by an expert physician in a hospital.
5) The provisions pertaining to intentional injury or intentional killing shall be applicable if the victim is injured or dies due to the offence described in section one.
6) Any offence contained within this article that is carried out within the activitie of a legal entity shall result in security measure being imposed upon that legal entity.

ARTICLE 91 - Trading of Organs and Tissues
1) Any person who removes an organ from another person without his lawful consent shall be sentenced to a penalty of imprisonment for a term of five to nine years. If the subject of the offence is tissue, then the offender shall be sentenced to a penalty of imprisonment for a term of two to five years.
2) Any person who unlawfully removes an organ or tissue from a deceased person shall be sentenced to a penelty of imprisonment for a term of up to one year.
3) Any person who purchases, or sells an organ or tissue, or acts as an intermediary in such activities, shall be sentenced to the penalty in section one.
4) Where an offence, contained in section one or three, is committed within the framework of an organisation the penalty to be imposed shall be imprisonment for a term of eight to fifteen years and a judicial fine of up to ten thousand days.
5) Any person who conceals, transports or engages in the transplantation of an unlawfully obtained organ or tissue shall be sentenced to a penalty of imprisonment for a term of two to five years.
6) Any person who broadcasts, makes an announcement, or engages in commercial advertising in order to secure organs or tissue in order to obtain any gain shall be sentenced to a penalty of imprisonment for a term of up to one year.
7) Any offence contained within this article that is carried out within the activities of a legal entity shall result in security measure being imposed upon that legal entity.
8) The provisions relating to intentional killing shall be applicable where an offence contained in section one results in the death of the victim.

ARTICLE 92 - Necessity
1) A penalty may be reduced or not imposed at all, after considering the social and economic conditions of the person selling his own organs or tissue.

ARTICLE 93 - Effective Remorse
1) Where a person, who sells his own organ or tissue, informs the relevant authority of such before such activity is identified by the relevant authority and assists in the arrest of the offender, no penalty shall be imposed.
2) If, after the relevant authorities are informed of any offence, the person selling his organ and tissue voluntarily assists and serves, the authorities by disclosing the offence and assists in the arrest other offenders, then the penalty to be imposed shal be reduced by one quarter to one half.