The Special Part
Title VII
Crimes and delicts against the accomplishment of justice
Torture
Art.343 – (1) An act deliberately causing a person pain or intense suffering, either physically or mentally, in order to obtain from that person or from a third party information or confessions, to punish him/her for an act committed by him/her or a third party or that he/she or a third party is suspected to have committed, to intimidate or exercise pressure on him/her or on a third party, or for any other reason based on a form of discrimination, regardless of its nature, when such pain or suffering is applied by an agent of public authority or by any other person acting in official capacity or upon instigation or with the express or tacit consent of such persons shall be punished by strict imprisonment from 2 to 7 years.
(2) If the act in para.(1) resulted in any of the consequences in Art.186 or Art.187, the penalty shall be strict imprisonment from 5 to 15 years.
(3) Torture that resulted in the victim’s death shall be punished by life detention or by severe detention from 15 to 25 years.
(4) No exceptional circumstance, whatever its nature may be, regardless of whether it is a state of war or of war threats, internal political instability or any other exceptional state, can be invoked to justify torture ; also, the order of the law or command of legitimate authority cannot be invoked either.
(5) Acts in para.(1) shall not be offences of torture if the pain or suffering are the exclusive result of legal sanctions and are inherent to these sanctions or caused by them.
Fair trial standards
Offences against administration of justice
Rights during investigation - not to be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment
National penalties - offences against the administration of justice
National penalties - maximum penalty
National penalties - life imprisonment
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