GENERAL PART

Chapter I
THE CRIMINAL CODE AND THE PRINCIPLES OF ITS APPLICATION

Article 4. Principle of Humanity

(2) Criminal law does not aim to cause physical suffering or to infringe on human dignity. No person can be subjected to torture or to cruel, inhumane, or degrading punishment or treatment.

SPECIAL PART

Chapter I
CRIMES AGAINST THE PEACE AND SECURITY OF HUMANITY, WAR CRIMES

Article 137. Inhumane Treatment

(3) The torture, mutilation, extermination, or execution without legal trial of the persons specified in par. (1) shall be punished by imprisonment for 16 to 20 years or by life imprisonment.

SPECIAL PART

Chapter XIV
CRIMES AGAINST JUSTICE

Article 309. Coercion to Testify

(1) Coercing a person by threats or other illegal acts to testify during an interrogation, coercing in the same way an expert to offer a conclusion, or coercing a translator or an interpreter to provide an incorrect translation or interpretation committed by the person conducting a criminal investigation shall be punished by imprisonment for up to 3 years with the deprivation of the right to hold certain positions or to practice a certain activity for up to 5 years.

(2) The same action involving :

a) violence ;
b) cruel, inhumane, or degrading treatment ;
c) a plea bargaining agreement,
shall be punished by imprisonment for 3 to 8 years with the deprivation of the right to hold certain positions or to practice certain activities for up to 5 years.

SPECIAL PART

Chapter XIV
CRIMES AGAINST JUSTICE

Article 309(1). Torture

(1) Deliberately inflicting severe physical or mental pain or suffering on a person specifically in order to obtain from that person or from a third person information or confessions, to punish the person for an act which he/she or a third person committed or is suspected of having committed, or for any other reason based on whatever form of discrimination provided that such pain or suffering is caused by an official or any other person acting in an official basis, or upon incitement or express or tacit consent of such persons, except for pain or suffering resulting exclusively from legal sanctions that are inherent to these sanctions or caused by such sanctions shall be punished by imprisonment for 2 to 5 years with the deprivation of the right to hold certain positions or to practice certain activities for up to 5 years.

(2) The organization of or the incitement to torture shall be punished by imprisonment for 3 to
8 years with the deprivation of the right to hold certain positions or to practice a certain activity for up to 5 years.

(3) The actions set forth in par. (1) or (2) committed :

a) against a person known to be a juvenile or a pregnant woman or taking advantage of the victim's known or obvious helpless condition caused by advanced age, disease, physical or mental handicap or another factor ;
[Letter b) excluded by Law No. 277-XVI dated 18.12.2008, in force as of 24.05.2009]
c) by two or more persons ;
[Letter d) excluded by Law No. 277-XVI dated 18.12.2008, in force as of 24.05.2009]
e) with the use of special torture tools or other objects adjusted for this purpose ;
f) by a high-ranking official ;
shall be punished by imprisonment for 5 to 10 years with the deprivation of the right to hold certain positions or to practice certain activities for 2 to 5 years.

Article 55
Rights of persons during an investigation
1. In respect of an investigation under this Statute, a person:
(b) Shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment