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Section 268.76 Criminal Code Act
National War Crime Sentencing Without Due Process

Section 268.76 of the Criminal Code Act 1995 (Cth) is National War Crime Sentencing Without Due Process and is extracted below.

If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your National War Crime Sentencing Without Due Process matter, call Sydney Criminal Lawyers® today on (02) 9261 8881.

The Legislation

268.76  War crime—sentencing or execution without due process

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

(a)  the perpetrator passes a sentence on 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)  either of the following applies:

(i)  there was no previous judgment pronounced by a court;

(ii)  the court that rendered judgment did not afford the essential guarantees of independence and impartiality or other judicial guarantees; and

(e)  if the court did not afford other judicial guarantees—those guarantees are guarantees set out in articles 14, 15 and 16 of the Covenant; and

(f)  the perpetrator knows of:

(i)  if subparagraph (d)(i) applies—the absence of a previous judgment; or

(ii)  if subparagraph (d)(ii) applies—the failure to afford the relevant guarantees and the fact that they are indispensable to a fair trial; and

(g)  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 10 years.

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

(a)  the perpetrator executes 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)  either of the following applies:

(i)  there was no previous judgment pronounced by a court;

(ii)  the court that rendered judgment did not afford the essential guarantees of independence and impartiality or other judicial guarantees; and

(e)  if the court did not afford other judicial guarantees—those guarantees are guarantees set out in articles 14, 15 and 16 of the Covenant; and

(f)  the perpetrator knows of:

(i)  if subparagraph (d)(i) applies—the absence of a previous judgment; or

(ii)  if subparagraph (d)(ii) applies—the failure to afford the relevant guarantees and the fact that they are indispensable to a fair trial; and

(g)  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 life.

(3)  Strict liability applies to paragraphs (1)(e) and (2)(e).

(4)  To avoid doubt, a reference in subsection (1) or (2) 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.

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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