The provision on torture has been approved in the House with 244 yes, 14 no and 50 abstentions. Before becoming law, however, will again be brought to the attention of the Senate. Heavy penalties for torturers and aggravating for agents. Void processes information extracted under torture
The Classroom the House approved the bill on torture with 244 yes, 14 no and 50 abstentions, in part by changing the version already approved by the Senate. Here are the new features and key points of the measure, which will become law only between several weeks:
Torturers in prison provided heavy penalties against those who torture. The penalty for the new offense introduced in the Criminal Code provides for imprisonment from 4 to 10 years for anyone who, through violence or threats, intentionally submit a person to physical or mental suffering in order to obtain statements or information, or win a resistance, or even because of ethnicity, sexual orientation or political or religious views.
Aggravating circumstance for agents: the penalty is aggravated by 5 to 15 years if the torturer is a public official or a person responsible for public service that abuses of power or violating his duties. The maximum penalty is thus of 15, and not more than 12, and the minimum of 5, but with a note, or that “the suffering inflicted must be ‘additional’ to the execution of the legitimate measures depriving or limiting rights”. The penalty for public officials and non-salt 1/3 in case of serious injury, death of 2/3 for unintended victim, becoming a life sentence in the case of death caused voluntarily. The law also introduces the crime of incitement of the public official to a colleague to commit torture by a penalty of imprisonment from 1 to 6 years.
Stop Out: it is absolutely prohibited the expulsion or refoulement to countries that practice torture or where the violation of human rights is a serious and systematic.
statements extracted void: Any information extracted under torture is deemed null and used in a process. They can, however, be worth as evidence against the accused of torture.
Nothing immunity: Foreign nationals who are convicted of torture in another State or by an international tribunal can not enjoy immunity from jurisdiction.
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