SECTION III: ASSAULT AND BATTERY - VIOLENCE - TORTURE PARAGRAPH I: INTENTIONAL ASSAULT AND BATTERY ARTICLE 207: Any person who, intentionally carries out a physical attack or commits battery or any other act of violence or assault, should these types of violence result in sickness or incapacity to work for over twenty days, shall be punished with imprisonment of between one to five years as well as a fine of between 20,000 to 500,000 francs. In the event of premeditation or lying-in-wait, the penalty shall be imprisonment of between five to ten years. When violence, battery or physical attack are followed by mutilation, amputation, deprivation of the use of a limb or a sense, blindness, loss of an eye or other disabilities or disease, the penalty shall be imprisonment of between five to ten years. In the event of premeditation or lying-in-wait, the penalty shall be imprisonment of between five to ten years. When the physical attack, battery or violence stated herein above are inflicted by the offender on the occasion or during the practice of his/her profession, suspension from the practice of his/her profession, for at least five years and ten years at most, shall also be ordered. In the case provided for in sub paragraphs 2, 3 and 4, a residency prohibition of between one to ten years may also be ordered. ARTICLE 208: When battery, physical attack, violence or assault do not result in any disease or incapacity to work as stated in the previous article, the offender shall be punished with imprisonment of between eleven days to two years as well as fine of between 20,000 to 100,000 francs or only one of these two penalties. In the event of premeditation or lying-in-wait, the penalty shall be imprisonment of between one to five years as well as a fine of between 25,000 to 150,000 francs. A residency prohibition between one to five years may also be ordered. PARAGRAPHE Il: TORTURE ARTICLE 209: The term “torture” shall refer to any act through which acute pain or suffering, whether physical or mental, are intentionally inflicted on a person in order notably to get from them or a third party information or confessions, to punish them for an act that they or a third party has committed or is suspected of having committed, to intimidate them or pressurise them or intimidate or pressurise a third party, or for any other reason based on any form of discrimination whatsoever, when such pain or suffering is inflicted by a civil servant or any other person acting in an official capacity or at his/her bequest or with his/her express or tacit consent. This term shall not apply to pain or suffering that result solely from legitimate sanctions, inherent to these sanctions or caused by them. Any act of torture shall be punished with imprisonment of between one to five years. If violence is followed by mutilation, amputation, deprivation of the use of a limb or a sense, blindness, loss of an eye or any other disability or disease, the penalty shall be imprisonment of between five to ten years.. Should the acts mentioned above result in death, the death penalty shall apply. An order from a superior or a public authority may not be raised to justify torture. PARAGRAPH III: UNINTENTIONAL ASSAULT ARTICLE 210: Whosoever, by mistake, carelessness, inattentiveness, negligence, or non-compliance with regulations, physically attacks, injures, or causes disease to another, shall be punished with imprisonment of between three months to two years as well as a fine of between 20,000 to 300,000 francs, or only one of these two penalties. 37

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents