Section 268.13 Criminal Code Act | Crimes Against Humanity Torture


The Legislation

Section 268.13 of the Criminal Code Act 1995 (Cth) is Crimes Against Humanity Torture and is extracted below.

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268.13  Crime against humanity—torture

A person (the perpetrator) commits an offence if:

(a)  the perpetrator inflicts severe physical or mental pain or suffering upon one or more persons who are in the custody or under the control of the perpetrator; and

(b)  the pain or suffering does not arise only from, and is not inherent in or incidental to, lawful sanctions; and

(c)  the perpetrator’s conduct is committed intentionally or knowingly as part of a widespread or systematic attack directed against a civilian population.

Penalty:            Imprisonment for 25 years.