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Section 268.44 Criminal Code Act 1995
International War Crime Improper Use of Emblems

Section 268.44 of the Criminal Code Act 1995 (Cth) is International War Crime Improper Use of Emblems and is extracted below.

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

The Legislation

268.44  War crime—improper use of the distinctive emblems of the Geneva Conventions

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

(a)  the perpetrator uses an emblem; and

(b)  the emblem is one of the distinctive emblems of the Geneva Conventions; and

(c)  the perpetrator uses the emblem for combatant purposes to invite the confidence of an adversary in order to lead him or her to believe that the perpetrator is entitled to protection, or that the adversary is obliged to accord protection to the perpetrator, with intent to betray that confidence; and

(d)  the perpetrator knows of, or is reckless as to, the illegal nature of such use; and

(e)  the perpetrator’s conduct results in death or serious personal injury; and

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

Penalty:  Imprisonment for life.

(2)  Strict liability applies to paragraph (1)(b).

(3)  In this section:

emblem means any emblem, identity card, sign, signal, insignia or uniform.

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.

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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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