without being of a nature to cause death, is harmful to health, shall be punished by imprisonment for one to five years and a fine of 50,000 to 500,000 francs. If the act results in a total incapacity for personal work for more than ten days, the penalty shall be imprisonment for five to ten years and a fine of 100,000 to 1,000,000 francs. If the act results in permanent disability, the penalty shall be five to twenty years imprisonment. If the offender has committed the offenses referred to in this article against his father or mother, his adoptive parents or his ascendants, his spouse or common law partner, the penalties shall be as follows: 1° in the case of the first paragraph, imprisonment for five to ten years and a fine of 100,000 to 1,000,000 francs ; 2° in the case of the second paragraph, imprisonment for five to twenty years; 3° in the case of the third paragraph, imprisonment for life. Article 386:Any person who, under the pretext of traditional practices, subjects another person to practices that are harmful or likely to harm his or her physical or mental health, shall be punished by imprisonment for one to five years and a fine of 50,000 to 500,000 francs. Article 387: In all cases provided for in articles 378 to 386, the convicts may be: 1° sentenced to a ban on appearing in certain places, as provided for in article 80; 2° deprived of the rights mentioned in article 68; 3° deprived of parental authority, if they are the father or mother of the victim. Article 388: Homicide or assault and battery shall not change in offense classification when the victim is not the person the offender intended to harm. Article 389: There shall be no offence when the homicide, injury or assault results: 1° from medical acts, provided that they are: a) in accordance with scientific data, medical ethics and the professional rules; (b) performed by a person legally entitled to perform them, (c) performed with the consent of the patient or, if the patient is incapable of giving consent, with the consent of the patient’s spouse or guardian, unless it is impossible, without risk to the patient, to communicate with them;