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Section 268.21 Criminal Code Act
Crimes Against Humanity Enforced Disappearance

Section 268.21 of the Criminal Code Act 1995 (Cth) is Crimes Against Humanity Enforced Disappearance and is extracted below.

If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your Crimes Against Humanity Enforced Disappearance matter, call Sydney Criminal Lawyers® today on (02) 9261 8881.

The Legislation

268.21  Crime against humanity—enforced disappearance of persons

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

(a)  the perpetrator arrests, detains or abducts one or more persons; and

(b)  the arrest, detention or abduction is carried out by, or with the authorisation, support or acquiescence of, the government of a country or a political organisation; and

(c)  the perpetrator intends to remove the person or persons from the protection of the law for a prolonged period of time; and

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

(e)  after the arrest, detention or abduction, the government or organisation refuses to acknowledge the deprivation of freedom of, or to give information on the fate or whereabouts of, the person or persons.

Penalty:  Imprisonment for 17 years.

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

(a)  one or more persons have been arrested, detained or abducted; and

(b)  the arrest, detention or abduction was carried out by, or with the authorisation, support or acquiescence of, the government of a country or a political organisation; and

(c)  the perpetrator refuses to acknowledge the deprivation of freedom, or to give information on the fate or whereabouts, of the person or persons; and

(d)  the refusal occurs with the authorisation, support or acquiescence of the government of the country or the political organisation; and

(e)  the perpetrator knows that, or is reckless as to whether, the refusal was preceded or accompanied by the deprivation of freedom; and

(f)  the perpetrator intends that the person or persons be removed from the protection of the law for a prolonged period of time; and

(g)  the arrest, detention or abduction occurred, and the refusal occurs, as part of a widespread or systematic attack directed against a civilian population; and

(h)  the perpetrator knows that the refusal is part of, or intends the refusal to be part of, such an attack.

Penalty:            Imprisonment for 17 years.

Why Sydney Criminal Lawyers®?

Choosing the right legal team to defend your reputation and interests can be a difficult process.

However, it is always important to look at a firm’s experience and results when making this decision.

At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex criminal matters – so you can rest assured that you are in safe hands.

Our criminal law specialists will take the time in every case to carefully scrutinise all the evidence in order to identify problems with the prosecution case at an early stage in the proceedings.

Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.

However, should your matter proceed to court, our senior lawyers will represent you and present a strong defence case to maximise your chances of being found ‘not guilty.’

Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the criminal law, as well as their ability to obtain excellent results in difficult cases.

We can assist you in avoiding the harsh penalties imposed by the law if you simply wish to plead guilty – in these cases, our experienced advocates can prepare and present compelling sentencing submissions which focus on any positive factors of your case.

For the best defence in your case, get the experts on your side today. Call us now on
(02) 9261 8881 and book your FREE first conference
with our criminal law specialists.

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