Section 268.47 Criminal Code Act | International War Crime Mutilation


Print
The Legislation

Section 268.47 of the Criminal Code Act 1995 (Cth) is International War Crime Mutilation and is extracted below.

If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your International War Crime Mutilation matter, call Sydney Criminal Lawyers today on
(02) 9261 8881
.

268.47  War crime—mutilation

(1)  A person (the perpetrator) commits an offence if:

(a)  the perpetrator subjects one or more persons to mutilation, such as by permanently disfiguring, or permanently disabling or removing organs or appendages of, the person or persons; and

(b)  the perpetrator’s conduct causes the death of the person or persons; and

(c)  the conduct is neither justified by the medical, dental or hospital treatment of the person or persons nor carried out in the interest or interests of the person or persons; and

(d)  the person or persons are in the power of an adverse party; and

(e)  the conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty:  Imprisonment for life.

(2)  A person (the perpetrator) commits an offence if:

(a)  the perpetrator subjects one or more persons to mutilation, such as by permanently disfiguring, or permanently disabling or removing organs or appendages of, the person or persons; and

(b)  the perpetrator’s conduct seriously endangers the physical or mental health, or the integrity, of the person or persons; and

(c)  the conduct is neither justified by the medical, dental or hospital treatment of the person or persons nor carried out in the interest or interests of the person or persons; and

(d)  the person or persons are in the power of an adverse party; and

(e)  the conduct takes place in the context of, and is associated with, an international armed conflict.

Penalty for a contravention of this subsection: Imprisonment for 25 years.