National penalties - genocide

Portugal

Adaptation of Criminal Legislation to ICC Statute

Chapter II
Crimes

Section I
Crime of genocide and crimes against humanity

Article 8
Crime of genocide

1. Anyone who commits any of the following acts with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, as such:

(a) Killing members of the group;
(b) Causing serious bodily harm to members of the group;
(c) Inflicting on the group conditions of life or cruel, degrading or inhuman treatment likely to bring about its physical destruction in whole or in part;
(d) Forcibly transferring children of the group to another group;
(e) Imposing measures intended to prevent procreation or births within the group;

shall be punished with a term of imprisonment of 12 to 25 years.

2. Anyone who, publicly and directly, incites others to commit genocide shall be punished with a term of imprisonment of 2 to 8 years.

3. Consent with a view to the commission of genocide shall be punished with a term of imprisonment of 1 to 5 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.