'Genocide' in document 'Bulgaria - Criminal Code'

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Chapter Four - PUNISHMENT

Section II - Kinds of Punishments

Article 38

(1) The punishment life imprisonment without substitution, provided in the Special Part hereof for a certain kind of crime, shall be imposed only if the specific crime committed was extremely grave and the purposes set forth in Article 36 hereof could not be attained by any milder punishment.




Section III - Liquidation of Groups of the Population (Genocide) and Apartheid

Article 416

(1) A person who, for the purpose of liquidating, completely or in part, a certain national, ethnic, racial or religious group:

a) causes death, severe bodily injury or permanent derangement of the consciousness of a person belonging to such a group;

b) places the group under living conditions such that lead to its full or partial physical liquidation;

c) takes measures aimed at checking the birth rate amid such a group;

d) forcefully transfers children from one group to another, shall be punished for genocide by deprivation of liberty for a term of from ten up to twenty years or by life imprisonment without substitution.

(2) (Previous Article 417,- SG, No. 95/1975) A person who commits preparation for genocide shall be punished by deprivation of liberty for two to eight years.

(3) A person who openly and directly incites genocide, shall be punished by deprivation of liberty for one to eight years.

Article 417

A person who with the aim of establishing or maintaining domination or systematic oppression of one racial group of people over another racial group of people:

a) causes death or severe bodily injury to one or more persons of such a group of people, or

b) imposes living conditions of such a nature as to cause complete or partial physical liquidation of a racial group of people, shall be punished for apartheid by deprivation of liberty for a term of from ten up to twenty years or by life imprisonment without substitution.

Article 418

A person who for the purpose under the preceding article:

a) unlawfully deprives of liberty members of a racial group of people or subjects them to compulsory labour;

b) puts into operation measures for hindering the participation of a racial group of people in the political, social, economic and cultural life of the country, and for intentional creation of conditions hampering the full development of such a group of people, in particular by depriving its members of the basic freedoms and rights of citizens;

c) puts into operation measures for dividing the population by racial features through setting up of reservations and ghettos, through the ban of mixed marriages between members of different racial groups or through expropriation of real property belonging thereto;

d) deprives of basic rights and freedoms organisations and persons, because they are opposed to apartheid, shall be punished by deprivation of liberty for five to fifteen years.


Article 5
Crimes within the jurisdiction of the Court
1. The jurisdiction of the Court shall be limited to the most serious crimes of concern to the
international community as a whole. The Court has jurisdiction in accordance with this Statute
with respect to the following crimes:
(a) The crime of genocide

Article 6
For the purpose of this Statute, "genocide" means any of the following acts committed with
intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its
physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.