PART A
PROVISIONS OF SUBSTANTIVE CRIMINAL LAW
2. SPECIAL PART
Article 8
Crimes against humanity
1. Anyone who, in the context of a widespread or systematic attack directed against any
civilian population, which is directed or encouraged by a state or an organization which exercises de facto authority in a certain territory:
a) Commits willful killing,
b) intentionally inflicts upon a population (in whole or in part) conditions of life, calculated to bring about the destruction of the population,
c) Commits slave trade (art. 323 Cr.C.), trafficking of human beings (art. 323A Cr. C.) or white slavery (art. 351 Cr. C.),
d) Deports or forcibly transfers or displaces one or more persons by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international law,
e) Subjects a person who is under his control to acts of torture (art. 137A Cr. C.),
f) Commits rape (art. 336 Cr. C.) or enforced prostitution (art. 349 Cr. C.) or enforced sterilization or unlawfully confines a woman made pregnant forcibly or with the use of threat of force , with the intent of affecting the ethnic composition of any population,
g) Commits enforced disappearance in order to remove a person from the protection of the law for a prolonged period of time by:
(aa) abducting him or her with the authorization, support or acquiescence of, a State or a political organization, or depriving his or her freedom of movement in any other manner, followed by a refusal to acknowledge that or to give information on the fate or whereabouts of those persons, or
(bb) refusing, following orders of a state or a political organization or contravening a legal obligation, to give promptly information on the fate or whereabouts of the persons against whom the above, under (aa), acts where committed or by providing false information.
h) Deprives any identifiable group or collectivity of their fundamental human rights on political, racial, national, ethnic, cultural, religious or gender grounds, that are universally recognized as impermissible under international law, if this act facilitates the commission of any of the crimes enumerated in art. 7-15 of the present law,
i) Causes grave bodily or mental harm (art. 310 par. 2 Cr. C.),
j) Imprisons or otherwise deprives the liberty of a person,
shall be sentenced to the following penalties:
(aa) Life sentence for the crime of subpar. (a)
(bb) A term of incarceration of at least 10 years, in cases of crimes of the subpar. (b)-(g) (cc) A term of incarceration of at least 5 years, in cases of crimes of the subpar. (h)-(i).
For the crimes of subpar. (c), the court shall also impose a fine ranging from 20.000-200.000 euros.
2. In cases of the crimes proscribed in subpar. (b)-(i) of the preceding par., if they result to
the death of a person, the following sentences shall be imposed:
(aa) instead of a term of incarceration of at least ten years, the penalty of life imprisonment and
(bb) instead of a term of incarceration (5-20 years), the penalty of incarceration of at least ten years.
3. Anyone who commits any of the crimes enumerated in par. 1, with the intention to
maintain an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups, shall be sentenced to a term of incarceration of at least 10 years, unless a heavier sentence applies, according to other penal provisions.
EDIT.