'National penalties - maximum penalty' in document 'Afghanistan - Penal Code'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

First Book
General Provisions

Section Two
CRIMES

Chapter two
Elements of Crimes

Part One
Material element

Second - Initiation

Article 30

Initiator of felony shall be sentenced to the following punishments, unless otherwise stipulated in the law :

1. In cases where the punishment for the crime itself is death, continued imprisonment ;
2. In cases where the punishment for the crime itself is continued imprisonment, long imprisonment ;
3. In cases where the punishment for the crime itself is long imprisonment, medium imprisonment;
Or, one half of the maximum punishment of the crime itself.

First Book
General Provisions

Section Two
CRIMES

CHAPTER THREE
Association in Crime

Part Two
Alliance in Crime

Article 50

(1) In case of alliance in felony, every individual shall be sentenced to a long imprisonment not exceeding seven years, even if the felony for which the alliance was made has not been initiated.

(2) In case of alliance in misdemeanor, every individual shall be sentenced to a prison term of-not more than two years, or to cash fine of not mere than twenty four thousand Afghanis.

Article 51 :

If the purpose of alliance is to commit a crime whose punishment is anticipated in the law loss than the punishment of article 50 of this Law, in this case the accused persons shall bo sentenced to one quarter of the maximum punishment fixed for the crime for which the alliance is made.

First Book
General Provisions

Section Three

CHAPTER ONE
Principal Punishments

Article 99 :

(1) Continued imprisonment is the confinement of convicted person in one of the jails allocated for this purpose by the State.

(2) The duration of continued imprisonment is from sixteen to twenty years.

Book Two
Felonies, Misdemeanors, Obscenities and its Punishments

Section One
Felonies and Miedemeanots Against Public Interest

CHAPTER TWENTY-FIVE : Misleading the justice (Judicial Machinery)

Article 374 :

A person who for the purpose of misleading the justice changes the conditions of persons, places or materials or conceals the evidence of crime, or presents wrong information about the crime while being aware of its untruthfulness, shall be sentenced to short imprisonment of not less than three Months or cash fine of not less than three thousand and not more than twelve thousand Afghanis.

Book Two
Felonies, Misdemeanors, Obscenities and its Punishments

Section One
Felonies and Miedemeanots Against Public Interest

CHAPTER TWENTY-FIVE : Misleading the justice (Judicial Machinery)

Article 376 :

(1) A person who, for the purpose of misleading the judicial machiney embezzles, conceals, or destroys an object or a document presented to officers of law or court, shall be sentenced to short imprisonment of not less than three months and shall be fined an amount not exceeding five thousand Afghanis.

(2) If the offender of the crime specified under the above paragraph is an official of public services, such that the objects are entrusted to him or by virtue of his occupation he becomes the trustee, he shall be sentenced to long imprisonment of not more than seven years.

Book Two
Felonies, Misdemeanors, Obscenities and its Punishments

Section One
Felonies and Miedemeanots Against Public Interest

CHAPTER TWENTY-SIX
False Information and Abstention from Discolsing the Truth

Article 377 :

A person who wrongly informs judicial or administrative authorities of a crime, cognizant of the fact that the crime has not taken place, or the person with iniquitous intention, or cognizant of his untruthfulness, accuses another of committing a crime and creates unreal material evidence in this respect or causes legal action against a person, while being aware of his innocence, shall be punished in accordance with the provisions stated below :

1. If the false information pertains to a felony, the offender shall be sentenced to Medium imprisonment of less than three years and shall be fined an amount not exceeding fifteen thousand Afghanis, or one of the two punishments stated.

2. If the false information pertains to mesdemeanor or obscenity, the offender shall be sentenced to medium imprisonment, exceeding three years, and shall be fined an amount not exceeding fifteen thousand Afghanis, or one of the two punishments stated.

Book Two
Felonies, Misdemeanors, Obscenities and its Punishments

Section One
Felonies and Miedemeanots Against Public Interest

CHAPTER TWENTY-SEVEN
False Testimony

Article 382 :

If a person, under oath or affirmation, intentionally denies the truth, declares false statement, conceals the whole or part of the events pertaining to his testimony, his testimony, shall be considered false.

Article 383 :

(1) A person who presents false testimony concerning a crime as a result of which benefit or loss is incurred on the offender, shall be sentenced to medium imprisonment of not loss than two years and shall be fined an amount not exceeding twenty four thousand Afghanis.

(2) If as a result of false testimony the accused is convicted the witness shall be sentenced to the same punishment to which the convict has been sentenced.

(3) A person who presents false testimony in a non—punitive case or to officials of public services, shall be sentenced to short imprisonment, not less than three months, and shall be fined an amount not exceeding ten thousand Afghanis.

Book Two
Felonies, Misdemeanors, Obscenities and its Punishments

Section One
Felonies and Miedemeanots Against Public Interest

CHAPTER TWENTY-SEVEN
False Testimony

Article 384 :

A person who, for the purpose of presenting false testimony, requests or accepts a gift or something else and the person who offers the gift or acts as a mediator, shall be both sentenced to the anticipated punishment of the crime of bribery or the crime of false testimony, whichever punishment is more severe.

Book Two
Felonies, Misdemeanors, Obscenities and its Punishments

Section One
Felonies and Miedemeanots Against Public Interest

CHAPTER TWENTY-EIGHT
Perjury

Article 389 :

(1) If one of the parties involved in a judicial case is required to take oath and commits perjury, he shall be sentenced to medium imprisonment of not loss than two years.

(2) A person committing perjury who resorts to the truth, prior to the final verdict, shall hot be punished.

Article 390 :

A person, requested by officials of law or a judge, who abstains from testifying, without any legal or
religious excuses, shall be sentenced to short imprisonment, not exceeding six months, and shall
be fined an amount not exceeding. three thousand Afghanis.