Belgium

Act of 5 August 2003 on Serious Violations of International Humanitarian Law

CHAPTER II AMENDMENTS TO THE CRIMINAL CODE
Article 9
An article 136 quinquies shall be inserted into the same Title and shall read as follows:

“Article 136 quinquies
The offences enumerated in articles 136 bis and 136 ter shall be punishable by life imprisonment.
The offences enumerated in article 136 quater, paragraph 1(1), (2), (15), (17), (20) to (24), and (26) to (28) shall be punishable by life imprisonment.

The offences enumerated under (3), (4), (10), (16), (19), (36) to (38) and (40) in the same paragraph of the same article shall be punishable by a term of imprisonment of twenty to thirty years. They shall be punishable by life imprisonment if they led to the death of one or more persons.

The offences enumerated under (12) to (14) and (25) in the same paragraph of the same article shall be punishable by a term of imprisonment of fifteen to twenty years. The same offence, and the offences referred to under (29) and (30) in the same paragraph of the same article shall be punishable by a term of imprisonment of twenty to thirty years if they led to an apparently incurable illness, a permanent incapacity for personal work, complete loss of the use of an organ or a serious mutilation. They shall be punishable by life imprisonment if they led to the death of one or more persons.

The offences enumerated under (6) to (9), (11) and (31) in the same paragraph of the same article shall be punishable by a term of imprisonment of ten to fifteen years. If the aggravating circumstances referred to in the previous paragraph apply, they shall be subject, depending on the case in question, to the penalties prescribed therein.

The offences enumerated under (5) and (32) to (35) in the same paragraph of the same article shall be punishable by a term of imprisonment of ten to fifteen years, subject to the application of heavier penalties in the case of serious violations of human dignity.

The offence referred to under (18) in the same paragraph of the same article shall be punishable by a term of imprisonment of ten to fifteen years. If the offence led to serious consequences for public health it shall be punishable by a term of imprisonment of fifteen to twenty years.

The offence referred to under (39) in the same paragraph of the same article shall be punishable by a term of imprisonment of ten to fifteen years.

The offence referred to in article 136 quater, paragraph 2(1) shall be punishable by life imprisonment.

The offences enumerated under (2) and (4) in the same paragraph of the same article shall be punishable by a term of imprisonment of ten to fifteen years, subject to the application of heavier penalties in the case of serious violations of human dignity.

The offence referred to under (3) in the same paragraph of the same article shall be punishable by a term of imprisonment of ten to fifteen years. The same offence shall be punishable by a term of imprisonment of twenty to thirty years if it led to an apparently incurable illness, a permanent incapacity for personal work, complete loss of the use of an organ or a serious mutilation. It shall be punishable by life imprisonment if it led to the death of one or more persons.

The offences enumerated in article 136 quater, paragraph 3(1) to (3) shall be punishable by a term of imprisonment of fifteen to twenty years.”

Keywords

National penalties



EDIT.