'Torture - crimes against humanity' in document 'Spain - Criminal Code (ENG)'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

BOOK I
General provisions on felonies and misdemeanours, the persons responsible, the penalties, security measures and other consequences of criminal offences

TITLE XXIV
Crimes against the International Community

CHAPTER II BIS
On crimes against humanity

Article 607 bis

2. Those convicted of crimes against humanity shall be punished :

8. With the punishment from four to eight years imprisonment if they commit serious torture of persons they have under their custody or control and of imprisonment from two to six years if less serious. For the purposes of this Article, torture shall be construed as submitting a person to physical or mental suffering. The punishment foreseen in this Sub-Section shall be imposed without prejudice to the relevant penalties, as appropriate, for the violations of other rights of the victim ;

RELEVANT ROME STATUTE PROVISIONS

Article 7
Crimes against humanity
1. For the purpose of this Statute, "crime against humanity" means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:
(f) Torture

2. For the purpose of paragraph 1:
(e) ‘Torture’ means the intentional infliction of severe pain or suffering,
whether physical or mental, upon a person in the custody or under the
control of the accused; except that torture shall not include pain or
suffering arising only from, inherent in or incidental to, lawful sanctions;