National penalties - maximum penalty

Latvia

Latvia - Criminal Code 1998 (2023) EN

Section 71. Genocide

For a person who commits genocide, that is, commits intentional acts for the purpose of destruction in whole or in part of any group of persons identifiable as such by nationality, ethnic origin, race or a defined religion by killing members of the group, inflicting upon them physical injuries hazardous to life or health or causing them to become mentally ill, intentionally causing conditions of life for such people as result in their physical destruction in whole or in part, utilising measures the purpose of which is to prevent the birth of children in such group, or transferring children on a compulsory basis from one group of persons into another, the applicable punishment is life imprisonment or deprivation of liberty for a period of three and up to twenty years.

Section 71.1 Invitation to Genocide

For a person who commits public invitation to genocide, the applicable punishment is the deprivation of liberty for a period of up to eight years.

Section 71.2 Crimes against Humanity

For a person who commits crime against humanity, that is, for an activity which is performed as a part of vast or systematic offensive to civilians and which has been expressed as homicide, extermination, enslavement, deportation or forced movement, unlawful deprivation or limitation of liberty, torture, rape, involvement of a person into sexual slavery, compelling the engaging in prostitution, forced fertilisation or sterilisation, or sexual violence of similar degree of severity, apartheid, persecution of any group of people or union on the basis of political, racial, national, ethnical, cultural, religious or gender affiliation or other reasons which have been recognised as inadmissible in the international law, in relation to any activity indicated in this Section or genocide, or war crime or other activity provided for in the international law binding upon the Republic of Latvia, which causes serious physical or mental suffering, the applicable punishment is life imprisonment or deprivation of liberty for a period of three and up to twenty years.

Section 72. Crimes against Peace

For a person who commits crimes against peace, that is, commits planning, preparation, triggering of, participation in aggression, commits conducting of a war of aggression in violation of international agreements binding upon the Republic of Latvia, commits participation in a conspiracy for the purpose of committing crimes referred tomentioned in this Section, the applicable punishment is life imprisonment or deprivation of liberty for a periodterm of three and up to twenty years.

Section 74. War Crimes

For a person who commits war crimes, that is, commits violation of provisions regarding conduct of war prohibited in international law binding upon the Republic of Latvia or of international humanitarian law, including murder, torture of a person protected by humanitarian law or inhuman treatment of such person, taking of hostages, illegal deportation, movement, limitation of liberty, unjustifiable destruction of cities and other entities, or other prohibited activity, the applicable punishment is life imprisonment or deprivation of liberty for a period of three and up to twenty years.

Section 75. Force against Residents in the Area of Hostilities

For a person who commits illegal violence against residents in an area of hostilities, as well as commits illegal forcible confiscation or destruction of their property, the applicable punishment is the deprivation of liberty for a period of three and up to fifteen years.

Section 76. Pillaging

For a person who commits appropriation of the property of persons killed or wounded on a battlefield (pillaging), the applicable punishment sentence is the deprivation of liberty for a period of up to eight years.

Section 77. Invitation to War of Aggression

For a person who commits public invitation to a war of aggression or to triggering of an armed conflict, the applicable punishment is the deprivation of liberty for a period of up to eight years.

Section 78. Triggering of National, Ethnic and Racial Hatred

(1) For a person who commits acts directed towards triggering national, ethnic, racial or religious hatred or enmity, the applicable punishment is the deprivation of liberty for a period of up to three years or temporary deprivation of liberty, or probationary supervision, or community service, or fine.

(2) For a person who commits the same acts, if they have been committed by a group of persons or, a public official, or a responsible employee of an undertaking (company) or organisation, or if they have been committed using an automated data processing system, the applicable punishment is the deprivation of liberty for a period of up to five years or temporary deprivation of liberty, or probationary supervision, or community service, or fine.

(3) For committing the act provided for in Paragraph one of this Section, if it is related to violence or threats or if it is committed by an organised group, the applicable punishment is the deprivation of liberty for a period of up to ten years, with or without probationary supervision for a period of up to three 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.