'Genocide' in document 'Latvia - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

General Part

Chapter I
General Provisions

Section 5. Time When The Criminal Law is In Force

(4) A person, who has committed a crime against humanity, a crime against peace, a war crime or has participated in genocide, shall be punishable irrespective of the time when such offence was committed.

General Part

Chapter III
Circumstances which Exclude Criminal Liability

Section 34. Execution of Criminal Commands or Criminal Orders

(1) Execution of a criminal command or a criminal order by the person who has executed it is justifiable only in those cases when the person did not know of the criminal nature of the command or the order and it was not manifest. In such cases, criminal liability shall nonetheless apply if crimes against humanity and peace, war crimes or genocide have been committed.

(2) A person who has not executed a criminal command or order shall not be held criminally liable.

General Part

Chapter VI
Release from Criminal Liability and Punishment

Section 57. Inapplicability of Limitation Period

A limitation period for criminal liability is not applicable to a person who has committed a crime against humanity, a crime against peace, a war crime or a person who has participated in genocide.

Special Part

Chapter IX
Crimes against Humanity and Peace, War Crimes and Genocide

Section 71. Genocide

For a person who commits genocide, that is, commits intentional acts for purposes of the 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 term of not less than three and not exceeding twenty years.

Special Part

Chapter IX
Crimes against Humanity and Peace, War Crimes and Genocide

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 term of not less than three and not exceeding twenty years.

RELEVANT ROME STATUTE PROVISIONS

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
Genocide
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.