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Section 268.31 Criminal Code Act 1995
International War Crime Denying Fair Trial

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Section 268.31 of the Criminal Code Act 1995 (Cth) is International War Crime Denying Fair Trial and is extracted below.

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

The Legislation

268.31  War crime—denying a fair trial

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

(a)  the perpetrator deprives one or more persons of a fair and regular trial by denying to the person any of the judicial guarantees referred to in paragraph (b); and

(b)  the judicial guarantees are those defined in articles 84, 99 and 105 of the Third Geneva Convention and articles 66 and 71 of the Fourth Geneva Convention; and

(c)  the person or persons are protected under one or more of the Geneva Conventions or under Protocol I to the Geneva Conventions; and

(d)  the perpetrator knows of, or is reckless as to, the factual circumstances that establish that the person or persons are so protected; and

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

Penalty:  Imprisonment for 10 years.

(2)  Strict liability applies to:

(a)  the physical element of the offence referred to in paragraph (1)(a) that the judicial guarantees are those referred to in paragraph (1)(b); and

(b)        paragraphs (1)(b) and (c).

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