Other inhumane acts - crimes against humanity

Czech Republic

Czech republic - Charter of Rights 1992 (1998) EN

CHAPTER TWO HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
DIVISION ONE FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

Article 7
(2) No one may be subjected to torture or to cruel, inhuman, or degrading treatment or punishment.

Czech republic - Criminal Code 2010 (2011) EN

PART TWO SPECIAL PART
CHAPTER I CRIMES AGAINST LIFE AND HEALTH
Division 3 Criminal Offences Endangering Life or Health

Section 149 Torture and other Cruel and Inhumane Treatment
(1) Whoever causes bodily or mental suffering by means of torture or some other inhuman or cruel treatment to another person in connection to exercise of powers of a public authority, a local authority, a court, or another public authority, shall be sentenced to imprisonment for from six months to five years.
(2) An offender shall be sentenced to imprisonment for two to eight years, if he/she
a) commits an act referred to in Sub-section (1) as a public official,
b) commits such act against a witness, an expert or an interpreter because of
performance of their duty,
c) commits such an act on another person for their true or presupposed race, belonging to
an ethnical group, nationality, political beliefs, religion or because of his/her true or presupposed lack of religious faith. commits such act with at least two other persons, or
d) commits such an act repeatedly.
(3) An offender shall be sentenced to imprisonment for five to twelve years, if he/she: a) commits the act referred to in Sub-section (1) against a pregnant woman,
b) commits such an act against a child under fifteen years of age,
c) commits such act in an especially cruel or agonising manner, or
d) causes grievous bodily harm by such an act.
(4) An offender shall be sentenced to imprisonment for eight to eighteen years if he/she causes death by the act referred to in Sub-section (1).
(5) Preparation is criminal.

PART TWO SPECIAL PART
CHAPTER II CRIMINAL OFFENCES AGAINST FREEDOM, PERSONAL AND PRIVACY RIGHTS AND CONFIDENTIALITY OF CORRESPONDENCE
Division 1 Criminal Offences against Freedom

Section 170 Illegal Confinement
(1) Whoever without authorisation imprisons or otherwise confines another person, shall be sentenced to imprisonment for two to eight years .
(2) An offender shall be sentenced to imprisonment for five to twelve years , if he/she
a) commits the act referred to in Sub-section (1) as a member of an organised group,
b) commits such an act on another for his/her true or presupposed race, belonging to an
ethnical group, nationality, political beliefs, religion or because of his/her true or
presupposed lack of religious faith,
c) causes physical or mental suffering by such an act,
d) causes grievous bodily harm by such an act, or
e) commits such an act with the intention to gain substantial profit for him-/herself or for
another.
(3) An offender shall be sentenced to imprisonment for eight to sixteen years , if he/she
a) causes death by the act referred to in Sub-section (1) , or
b) commits such an act with the intention to gain extensive profit for him-/herself or for
another.
(4) Preparation is criminal.

PART TWO SPECIAL PART
CHAPTER II CRIMINAL OFFENCES AGAINST FREEDOM, PERSONAL AND PRIVACY RIGHTS AND CONFIDENTIALITY OF CORRESPONDENCE
Division 1 Criminal Offences against Freedom

Section 171 Illegal Restraint
(1) Whoever restrains another from enjoying personal freedom, shall be sentenced to imprisonment for up to two years.
(2) An offender shall be sentenced to imprisonment for up to three years , if he/she commits the act referred to in Sub-section (1) with the intent to facilitate another criminal offence.
(3) An offender shall be sentenced to imprisonment for two to eight years, if he/she
a) commits the act referred to in Sub-section (1) as a member of an organised group
b) commits such an act on another for his/her true or presupposed race, belonging to an
ethnical group, nationality, political beliefs, religion or because of his/her true or
presupposed lack of religious faith,
c) causes physical or mental suffering by such an act,
d) causes grievous bodily harm by such an act, or
e) commits such an act with the intention to gain substantial profit for him-/herself or for
another.
(4) An offender shall be sentenced to imprisonment for three to ten years if he/she
a) causes death by the act referred to in Sub-section (1), or
b) commits such an act with the intent to gain extensive profit for him-/herself or for
another.

PART TWO SPECIAL PART
CHAPTER XIII CRIMINAL OFFENDES AGAINST HUMANITY, PEACE AND WAR CRIMES
Division 1 Criminal Offences Against Humanity

Section 401 Attack against Humanity
(1) Whoever commits within an extensive and systematic attack aimed against civilians
a) extermination of people,
b) enslavement,
c) deportation or forced transfer of a group of civilians ,
d) rape , sexual slavery , forced prostitution , forced pregnancy , forced sterilisation or other
forms of sexual violence ,
e) persecution of a group of civilians on political, race, national, ethnic, cultural or
religious grounds, on sex or another similar grounds,
f) apartheid or another similar segregation or discrimination,
g) illegal restraint, kidnapping to an unknown location or any other restriction of
personal freedom with following involuntary disappearance of persons,
h) torture,
i) murder, or
j) another inhumane act of similar nature,
shall be sentenced to imprisonment for twelve to twenty years or to an exceptional sentence of imprisonment .
(2) Preparation is criminal.

Czech republic - Criminal Procedure Code 1961 (2012) EN

PART TWO
SPECIAL PART

CHAPTER I
CRIMES AGAINST LIFE AND HEALTH

Division 2
Criminal Offences against Health

Section 145 Grievous Bodily Harm
(2) An offender shall be sentenced to imprisonment for five to twelve years if he/she commits act referred to in Sub-section (1)
f) on another person for their true or presupposed race, belonging to an ethnical group,
nationality, political beliefs, religion or because of his/her true or presupposed lack of
religious faith,

PART TWO
SPECIAL PART

CHAPTER I
CRIMES AGAINST LIFE AND HEALTH

Division 2
Criminal Offences against Health

Section 146 Bodily Harm
(2) An offender shall be sentenced to imprisonment for one year to five years, if he/she commits the act referred to in Sub-section (1)
e) on another person for their true or presupposed race, belonging to an ethnical group, nationality, political beliefs, religion or because of his/her true or presupposed lack of religious faith.

PART TWO
SPECIAL PART

CHAPTER I
CRIMES AGAINST LIFE AND HEALTH

Division 3
Criminal Offences Endangering Life or Health

Section 149 Torture and other Cruel and Inhumane Treatment
(1) Whoever causes bodily or mental suffering by means of torture or some other inhuman or cruel treatment to another person in connection to exercise of powers of a public authority, a local authority, a court, or another public authority, shall be sentenced to imprisonment for from six months to five years.
(2) An offender shall be sentenced to imprisonment for two to eight years, if he/she
a) commits an act referred to in Sub-section (1) as a public official,
b) commits such act against a witness, an expert or an interpreter because of performance of their duty,
c) commits such an act on another person for their true or presupposed race, belonging to an ethnical group, nationality, political beliefs, religion or because of his/her true or presupposed lack of religious faith. commits such act with at least two other persons, or

PART TWO
SPECIAL PART

CHAPTER II
CRIMINAL OFFENCES AGAINST FREEDOM, PERSONAL AND PRIVACY RIGHTS AND CONFIDENTIALITY OF CORRESPONDENCE

Division 1
Criminal Offences against Freedom

Section 170 Illegal Confinement
(2) An offender shall be sentenced to imprisonment for five to twelve years, if he/she
c) causes physical or mental suffering by such an act,
d) causes grievous bodily harm by such an act, or

PART TWO
SPECIAL PART

CHAPTER II
CRIMINAL OFFENCES AGAINST FREEDOM, PERSONAL AND PRIVACY RIGHTS AND CONFIDENTIALITY OF CORRESPONDENCE

Division 1
Criminal Offences against Freedom

Section 171 Illegal Restraint
(3) An offender shall be sentenced to imprisonment for two to eight years, if he/she
c) causes physical or mental suffering by such an act,
d) causes grievous bodily harm by such an act, or

PART TWO
SPECIAL PART

CHAPTER II
CRIMINAL OFFENCES AGAINST FREEDOM, PERSONAL AND PRIVACY RIGHTS AND CONFIDENTIALITY OF CORRESPONDENCE

Division 1
Criminal Offences against Freedom

Section 172 Abduction
(3) An offender shall be sentenced to imprisonment for five to twelve years, if he/she
c) causes physical or mental suffering by such an act,
d) causes grievous bodily harm by such an act, or

PART TWO
SPECIAL PART

CHAPTER III
CRIMINAL OFFENCES AGAINST HUMAN DIGNITY IN SEXUAL SPHERE

Section 187 Sexual Abuse
(3) An offender shall be sentenced to imprisonment for five to twelve years, if he/she causes grievous bodily harm by the act referred to in Sub-section (1).

PART TWO
SPECIAL PART

CHAPTER IX
CRIMINAL OFFENCES AGAINST THE CZECH REPUBLIC, FOREIGN STATES AND INTERNATIONAL ORGANISATIONS

Division 1
Criminal Offences against the Foundations of the Czech Republic, Foreign States and International Organisations

Section 311 Terrorist Attack
(1) Whoever with the intention to impair the constitutional system or defence capabilities of the Czech Republic, disrupt or destroy the base political, economic or social structure of the Czech Republic or an international organisation, seriously terrify the population or illegally make the government or another public authority or an international organisation to act, omit or tolerate something,
a) performs an attack threatening human life or health with the intention to cause death or grievous bodily harm,

PART TWO
SPECIAL PART

CHAPTER XIII
CRIMINAL OFFENCES AGAINST HUMANITY, PEACE AND WAR CRIMES

Division 1
Criminal Offences Against Humanity

Section 401 Attack against Humanity
(1) Whoever commits within an extensive and systematic attack aimed against civilians
j) another inhumane act of similar nature,

Rome Statute

Article 7 Crimes against humanity

1. For the purpose of this Statute, ‘crime against humanity’ means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:

(k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.