Chapter II
Fundamental Rights, Freedoms and Duties
§ 18.
No one may be subjected to torture or to cruel or degrading treatment or punishment.
Part 2 SPECIAL PART
Chapter 8 OFFENCES AGAINST HUMANITY AND INTERNATIONAL SECURITY
Division 2 Offences Against Humanity
§ 89. Crimes against humanity
(1) Systematic or large-scale deprivation or restriction of human rights and freedoms, instigated or directed by a state, organisation or group, or killing, torture, rape, causing health damage, forced displacement, expulsion, subjection to prostitution, unfounded deprivation of liberty, or other abuse of civilians, is punishable by eight to twenty years’ imprisonment or life imprisonment.
(2) The same act, if committed by a legal person, is punishable by a pecuniary punishment.
Part 2 SPECIAL PART
Chapter 17 OFFENCES RELATING TO OFFICE
Division 1 Abuse of Authority
§ 290.1. Torture
(1) Causing of great or consistent physical or mental pain by an official without legal grounds to a person with the intention of receiving statements from him or her or third persons, punishment, frightening, coercion or discrimination, as well as instigation by an official to such act or consent to such act is punishable by one to seven years’ imprisonment.
(2) The same act, if committed:
1) against two or more persons; or
2) against a person of less than eighteen years of age; or
3) by a group;
is punishable by two to ten years’ imprisonment.
(3) An act provided for in subsection (1) or (2) of this section, if committed by a legal person,
is punishable by a pecuniary punishment.
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:
(f) Torture;
2. For the purpose of paragraph 1:
(e) ‘Torture’ means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions;