TITLE XXIV
Offences against the International Community

CHAPTER II BIS
Crimes against humanity

Article 607 bis
1. Those who commit the offences set out below as part of a generalized or systematic attack against the whole or part of the civilian population shall be guilty of crimes against humanity.
In any event, the commission of such offences shall be considered to be crimes against humanity:
1st. Where they take place because of membership of any identifiable group or collectivity on political, racial national, ethnic, cultural, religious, gender or other grounds universally recognized as impermissible under international law.

2nd. In the context of institutionalised oppression and systematic domination of one racial group over one or more racial groups and where it is intended to maintain this situation.

2. Those convicted of crimes against humanity shall be sentenced:
1st. To fifteen to twenty years’ imprisonment for the death of any person.
The sentence shall be increased by one degree if any of the circumstances referred to in Article 139 exist.

2nd. To twelve to fifteen years’ imprisonment for the offence of rape, and four to six years’ imprisonment for any other sexual assault.

3rd. To twelve to fifteen years’ imprisonment as regards any of the injuries contained in Article 149, and to eight to twelve years’ imprisonment if people are subjected to living conditions where their lives are endangered or if any of the injuries contained in Article 150 are caused. The sentence shall be four to eight years’ imprisonment for causing any of the injuries contained in Article 147.

4th. To eight to twelve years’ imprisonment for forcible deportation or transfer which is unauthorised under international law of one or more persons to another State or place, by way of expulsion or other coercive acts.

5th. To six to eight years’ imprisonment for the forced pregnancy of any woman with the intent of affecting the ethnic composition of the population, which shall be in addition to any sentence imposed for other offences.

6th. To twelve to fifteen years’ imprisonment for detaining any person and subsequently refusing to recognise such deprivation of physical liberty or give information on the fate or whereabouts of the detained person.

7th. To eight to twelve years’ imprisonment for detaining another, depriving him of his physical liberty, in violation of the rules of international law. The sentence shall be reduced by one degree (‘la pena inferior en grado’) when the detainment lasts for less than fifteen days.

8th. To four to eight years’ imprisonment for grave torture of persons that were in their custody or control, and to two to six years’ imprisonment for less serious cases.
For the purposes of this Article, torture shall mean subjecting people to physical or mental suffering.
Any sentence imposed for torture shall be in addition to any sentence imposed, where appropriate, for violation of the victim’s other rights.

9th. To four to eight years’ imprisonment for any offence relating to prostitution contained in Article 187.1, or six to eight years’ imprisonment as regards those cases provided for in Article 188.1.
A sentence of six to eight years’ imprisonment shall be imposed on those who transfer people from one place to another, for the purpose of their sexual exploitation, using violence, intimidation or deceit, or by abusing a situation of superiority, or the need or vulnerability of the victim.
When the offences referred to in the previous paragraph and Article 188.1 are committed against minors or the disabled, the sentence shall be increased by one degree.

10th. To four to eight years’ imprisonment the offence of subjecting or maintaining anyone in a state of slavery. This sentence shall apply in addition to any sentences imposed for specific violations of an individual’s human rights.
Slavery shall mean where one person exercises over another, including in a de facto manner, some or all property rights, such as buying, selling, lending, or bartering.