Section 268.72 Criminal Code Act | National War Crime Cruel Treatment


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Section 268.72 of the Criminal Code Act 1995 (Cth) is National War Crime Cruel Treatment and is extracted below.

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

The Legislation

268.72  War crime—cruel treatment

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

(a)  the perpetrator inflicts severe physical or mental pain or suffering upon one or more persons; and

(b)  the person or persons are not taking an active part in the hostilities; and

(c)  the perpetrator knows of, or is reckless as to, the factual circumstances establishing that the person or persons are not taking an active part in the hostilities; and

(d)  the perpetrator’s conduct takes place in the context of, and is associated with, an armed conflict that is not an international armed conflict.

Penalty:  Imprisonment for 25 years.

(2)  To avoid doubt, a reference in subsection (1) to a person or persons who are not taking an active part in the hostilities includes a reference to:

(a)  a person or persons who are hors de combat; or

(b)        civilians, medical personnel or religious personnel who are not taking an active part in the hostilities.

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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.

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