Anyone who commits genital mutilation shall be punished by imprisonment of one to five years
and a fine of 200,000 to 2,000,000 francs.
The penalty shall be doubled if the offender is a medical or paramedical professional.
The penalty shall be five to twenty years imprisonment when the genital mutilation results in the
victim’s death.
The attempt shall be punishable.
Article 395: The judge may, in addition, order the offender to be deprived of the right to
practicing his profession for a period not exceeding five years if he belongs to the medical or
paramedical profession.
Article 396: There shall be no offence if the mutilation is carried out under the conditions set out
in article 389.
Article 397: Notwithstanding the provisions of article 304, the penalties provided for in article
394, paragraph 2, shall be imposed on the father and mother, relatives by marriage and parents of
the victim up to and including the fourth degree, who, knowing that genital mutilation was
imminent, did not report it to the administrative or judicial authorities or to any person with the
power to prevent it.
The penalties provided for in article 394, paragraph 2, shall also apply to the spouses, common
law partner, and relatives of the perpetrator up to and including the fourth degree.
Article 398: The provisions of articles 114, 115 and 130 shall not be applicable to the cases
provided for in paragraphs 3 and 4 of article 394.
Section 6: Torture and other inhuman and degrading treatment
Article 399: Constitutes an act of torture, the fact of voluntarily inflicting on another person
acute pain or suffering, physical or mental, with the aim in particular:
1° to obtain from him or third person information or a confession;
2° to punish him for an act he or a third person has committed or is suspected of having
committed;
3° to intimidate or coerce him or a third person.
It is also an act of torture to deliberately inflict severe physical or mental pain or suffering on
another person for any other reason based on any form of discrimination.
Anyone who commits an act of torture shall be punished by five to ten years imprisonment and a
fine of 500,000 to 5,000,000 francs.
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