'National penalties - 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

1. Conviction for crimes against humanity shall befall whoever commits the acts foreseen in the following Section as part of a widespread or systematic attack on the civil population or against part thereof .

In all cases, committing such acts shall be deemed a crime against humanity when :

1. Due to the victim pertaining to a group or community persecuted for political, racial, national, ethnic, cultural, religious or another kind of reasons, disability, or other motives universally recognised as unacceptable under International Law ;
2. In the context of an institutionalised regime of systematic oppression and domination of a racial group over one or more racial groups and with the intention of maintaining such a regime.

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

1. With a sentence of imprisonment from fifteen to twenty years if they cause the death of any person. A punishment higher in one degree shall be imposed if any of the circumstances foreseen in Article 139 concur ;
2. With a sentence of imprisonment from twelve to fifteen years if they commit rape, and from four to six years imprisonment if the act were to consist of any other type of sexual assault ;
3. With a sentence of imprisonment from twelve to fifteen years if any of the injuries of Article 149 were to take place and from eight to twelve years imprisonment if persons are subjected to conditions of existence that endanger their life or seriously affect their health, or when they are caused any of the injuries foreseen in Article 150. A sentence of imprisonment from four to eight years shall be applied if they commit any of the injuries of Article 147 ;
4. With a sentence of imprisonment from eight to twelve years if they deport or forcibly transport one or more persons from one State or place to another, by expulsion or other acts of coercion without authorised reasons ;
5. With a sentence of imprisonment from six to eight years if they were to forcibly make pregnant any woman in order to modify the ethnic composition of the population, without prejudice to the relevant punishment, as appropriate, for other felonies ;
6. With a sentence of imprisonment from twelve to fifteen years when they detain any person and refuse to recognise that custodial sentence or to report on the situation or whereabouts of the person arrested ;
7. With a sentence of imprisonment from eight to twelve years if they were to arrest a person, depriving him of his liberty, with breach of the international rules on arrest.
The punishment shall be imposed at a lower degree when the arrest lasts less than fifteen days ;
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 ;
9. With a sentence of imprisonment from four to eight years if they commit any of the conducts related to prostitution defined in Article 187.1, and with that of six to eight years in the cases foreseen in Article 188.1. The punishment shall be imposed from six to eight years on whoever transports persons from one place to another with the intent to sexually exploit them, using violence, intimidation or deceit, or abusing a situation of superiority or need or the vulnerability of the victim. When the conduct foreseen in the preceding Section and in Article 188.1 is committed against minors or the incapacitated, the higher degree penalties shall be imposed ;
10. With a sentence of imprisonment from four to eight years if any person is subjected to slavery or kept in servitude. The punishment shall be applied without prejudice to the appropriate ones for the specific violations committed against the rights of persons. Slavery shall be construed as the situation of a person over whom another exercises, albeit de facto, all and some of the attributes of the right of property, such as buying, selling, lending or exchanging such person.