'Genocide' in document 'Spain: Provisions of Criminal Code implementing RS'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

FIRST BOOK
TITLE VII. THE PRESCRIPTION OF CRIMINAL RESPONSIBILITY AND ITS EFFECTS
CHAPTER I. CAUSES EXTINGUISHING CRIMINAL RESPONSIBILITY AND ITS EFFECTS

Article 131
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4. Crimes against humanity and genocide and crimes against protected persons and property in the case of armed conflict shall not be subject to any statute of limitations.

Article 133
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2. Any sentence imposed for crimes against humanity and genocide and crimes against protected persons and property in the case of armed conflict shall not be subject to any statute of limitations.

TITLE XXIV
Offences against the International Community

CHAPTER II
Offences of genocide

Article 607
1. Those who carry out any of the following acts with the intent to destroy, in whole or in part, a national, ethnic, racial or religious group shall be sentenced as follows:
1st. To fifteen to twenty years’ imprisonment, if they kill any of the members of the group.
If two or more aggravating circumstances exist the sentence shall be increased by one degree (‘la pena superior en grado’).
2nd. To fifteen to twenty years’ imprisonment if they abuse sexually any of the members of the group, or cause any of the injuries contained in Article 149.
3rd. To eight to fifteen years’ imprisonment if they subject the group or any of its members to living conditions that endanger their life or damage gravely their health, or when they produce any of the injuries contained in Article 150.
4th. To eight to fifteen years’ imprisonment if they carry out forcible transfers of the group or its members, adopt any measure that tends to impede their way of life or reproduction, or transfer forcibly individuals from one group to another.
5th. To four to eight years’ imprisonment in the event of any injury other than those referred to in the 1st and 3rd paragraphs of this Article.

2. The diffusion by any means of ideas or doctrines that deny or justify the offences defined in the previous paragraph of this Article, or whose objective is to rehabilitate regimes or institutions that support practices that cause such offences shall be punishable with a term of imprisonment of one to two 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.