National penalties - genocide

Kingdom of Spain

Criminal Code 1995 (2013)

BOOK I
General provisions on felonies and misdemeanours, the persons responsible, the penalties, security measures and other consequences of criminal offences

TITLE XXIV
Crimes against the International Community

CHAPTER II
Crimes of genocide

Article 607

1. Those who, aiming to fully or partially exterminate a national, ethnic, racial, religious or specific group determined by the disability of its members, commit any of the following acts, shall be punished :

1. With a sentence of imprisonment from fifteen to twenty years, if they were to kill any of its members. If two or more aggravating circumstances were to concur in the act, the higher degree punishment shall be imposed ;
2. With imprisonment from fifteen to twenty years, if they were to sexually assault any of its members or cause any of the injuries foreseen in Article 149 ;
3. With imprisonment from eight to fifteen years, if they were to subject the group or any of its members to conditions of existence that endanger their life or seriously affect their health, or when any of the injuries foreseen in Article 150 are caused ;
4. With the same punishment, if forcible transportation of the group or its members are carried out, if they adopt any measure aimed at preventing their lifestyle or procreation, or if they forcibly transfer individuals from one group to another ;
5. With imprisonment from four to eight years, if they were to cause any injury other than that stated in Sub-Sections 2 and 3 of this Section.

2. Diffusion by any means of ideas or doctrines that deny or justify the crimes defined in the preceding Section of this Article, or that aim to reinstate regimes or institutions that protect practices that generate these shall be punished with a sentence of imprisonment from one to two years.

Rome Statute

Article 77 Applicable penalties

1. Subject to article 110, the Court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this Statute:

(a) Imprisonment for a specified number of years, which may not exceed a maximum of 30 years; or

(b) A term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted person.

2. In addition to imprisonment, the Court may order:

(a) A fine under the criteria provided for in the Rules of Procedure and Evidence;

(b) A forfeiture of proceeds, property and assets derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties.