National penalties - genocide

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.

Provisions of the Spanish Criminal Code Concerning International Crimes. Integrated Text Containing the Amendments Introduced by the Ley Organica 15/2003 Implementing the Statute of the International Criminal Court 2003

TITLE XXIV
Offences against the International Community

CHAPTER II
Offences of genocide

Article 607
1. Those who carry out any of the following acts with the intent to destroy, in whole or in part, a national, ethnic, racial or religious group shall be sentenced as follows:
1st. To fifteen to twenty years’ imprisonment, if they kill any of the members of the group.
If two or more aggravating circumstances exist the sentence shall be increased by one degree (‘la pena superior en grado’).
2nd. To fifteen to twenty years’ imprisonment if they abuse sexually any of the members of the group, or cause any of the injuries contained in Article 149.
3rd. To eight to fifteen years’ imprisonment if they subject the group or any of its members to living conditions that endanger their life or damage gravely their health, or when they produce any of the injuries contained in Article 150.
4th. To eight to fifteen years’ imprisonment if they carry out forcible transfers of the group or its members, adopt any measure that tends to impede their way of life or reproduction, or transfer forcibly individuals from one group to another.
5th. To four to eight years’ imprisonment in the event of any injury other than those referred to in the 1st and 3rd paragraphs of this Article.

2. The diffusion by any means of ideas or doctrines that deny or justify the offences defined in the previous paragraph of this Article, or whose objective is to rehabilitate regimes or institutions that support practices that cause such offences shall be punishable with a term of imprisonment of 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.