Article 107. Torture

1. The causation of physical or mental sufferings by way of systematic beating or by other violent actions, if it did not entail the consequences stipulated by Articles 103 and 104 of the present Code, - shall be punished by a fine in an amount from fifty up to one hundred monthly assessment indices, or in an amount of wages or other income of a given convict for a period up to six months, or detention under arrest for a period from three to six months, or by correctional labour for a period up to two years, or by deprivation of freedom for the same period.

2. The same act committed:

a) with regard to a juvenile, or a person in a helpless state, or a person materially or otherwise dependent upon a given convict, the latter being aware of that, as well as with regard to a person kidnapped or seized as a hostage;

b) with regard to two or more persons;

c) with regard to a pregnant woman, a given convict being aware of that fact;

d) with the application of torture;

e) for hire;

f) for motives of social, national, racial, or religious hatred or enmity, - shall be punished by restriction of freedom for a period up to five years, or by deprivation of freedom for a period from three up to seven years.

Article 108. Causation of Damage to Health in an Affected State

1. Deliberate causation of damage of medium gravity to health committed when in a strongly emotional state (affect) which suddenly emerged, which was caused by violence, mockery, or a grave insult on behalf of a victim, or by other unlawful or immoral acts (omission of acts) of the victim, as well as by a protracted mentally traumatizing situation which arose in relation to systematic unlawful or immoral behaviour of a given victim, shall be punished by a fine in an amount up to fifty monthly assessment indices, or in an amount of wages or other income of a given convict for a period up to four months, or by restriction of freedom for a period up to one year, or by detention under arrest for a period up to three months.

2. Deliberate causation of serious damage to health, committed under the same circumstances, - shall be punished by restriction of freedom for a period up to two years, or by detention under arrest for a period from three to six months, or by deprivation of freedom for a period up to two years.

Article 108. Inflicting of Harm to the Health in the State of Passion

The deliberate inflicting of serious harm to the health committed in the state of suddenly emerged strong emotional agitation (affect) caused by a violence, mockery or grave humiliation from the party of the victim or other unlawful or immoral actions (omission) of the victim, as well as by a long term situation traumatizing the state of mind occurred in connection with the system unlawful or immoral conduct of the victim -shall be punished by restriction of liberty for the period of up to two years or by arrest for a period from three to six months, or by deprivation of liberty for the period of up to two years.

Article 109. Causation of Severe Damage to Health While Exceeding the Limits of Necessary Self-Defence

Deliberate causation of severe damage to health committed when exceeding the limits of necessary self-defence, - shall be punished by restriction of freedom for a period up to one year, or by deprivation of freedom for the same period.

Date: 2014-12-21; view: 1056