An order to commit an act of torture shall manifestly be unlawful.
Article 400: Constitute inhumane treatments any voluntary acts that cause a person particularly
severe physical or mental suffering.
Anyone who commits acts of inhuman treatment shall be punished by imprisonment of one to
five years and a fine of 300,000 to 3,000,000 francs.
Article 401: Constitutes a degrading treatment any act that humiliates an individual and clearly
affects his or her dignity.
Anyone who inflicts degrading treatment shall be punished by imprisonment of six months to
two years and a fine of 100,000 to 1,000,000 francs.
Article 402: The penalty shall be doubled in the cases provided for in this section:
1° if the offender is a public official or if he acted on the orders of a public official or with his
consent;
2° if the victim is the spouse or the common law partner of the offender;
3° if the victim is a minor;
4° if the victim has suffered permanent disability or death as a result.
CHAPTER 2: OFFENSES AGAINST MORALS
Section 1: Rape
Article 403: Any act of vaginal, anal or oral penetration or of any other kind for sexual purposes
imposed on another person without his or her consent, using a part of the human body or an
object, by violence, threat, coercion or deception, constitutes rape.
Also constitutes rape, any act of vaginal, anal, oral penetration or of any nature whatsoever with
sexual purpose committed on a minor of fifteen years, even with his/her consent.
Rape shall be constituted in the circumstances provided for in the preceding paragraphs,
regardless of the nature of the relationship between the offender and the victim. However, if they
are married, the presumption of consent of the spouses to the sexual act shall be valid until the
contrary is proven.
Anyone who commits rape shall be punished by imprisonment of five to twenty years.
The penalty shall be life imprisonment when the rape resulted in mutilation or permanent
disability or death of the victim.
Article 404: Rape shall be punishable by life imprisonment when committed:
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