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8. Offences
against prisoners
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Article 44-Offences
causing permanent injury
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| 44.1 |
Prisoner Grievous harm |
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Grievous harm is the causing of serious injury to one or more prisoners which may be life threatening and/or involve permanent injury/loss of natural body function. Grievous harm is further defined into only three possible classifications-intentional grievous harm, negligent grievous harm and justifiable grievous harm. |
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| 44.2 |
Intentional grievous harm |
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Intentional grievous harm is the intentional infliction of serious injury, without lawful excuse, to one or more prisoners which may be life threatening and/or involve permanent injury/loss of natural body function. |
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Primary Fact(s) |
| 1. That the person(s) have suffered grievous harm. |
| 2. That the prisoner(s) were/was in custody of the armed forces of Americas Union under the rules of this Military Code. |
| 3. That the actions of the accused contributed to the injury. |
| 4. That the actions of the accused were done with the intent to cause grievous injury. |
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Penalty Conditions (Level 4-Offence) |
Type |
Condition(s) |
1-3 |
a) if committed with the intent to inflict grievous bodily harm to a person;
b) if knowingly infecting a person with a sexual transmitted disease without disclosure to the victim. |
4-6 |
a) if committed out of mercenary motives by hire,
b) if knowingly infecting a person with hepatitis without disclosure to the victim. |
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Penalty Conditions (Level 5-Offence) |
Type |
Condition(s) |
1-3 |
a) if committed by reason of national, racial, or religious hatred, or enmity or blood feud;
b) if knowingly infecting a person with HIV/AIDS without disclosure to the victim. |
4-6 |
a) of a female prisoner who is known by the attacker to be in a state of pregnancy;
b) of a person who is known by the attacker to be helpless state,
c) if involving the attack of two or more persons;
d) if committed in the attempt to murder; |
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Penalty Conditions (Level 6-Offence) |
Type |
Condition(s) |
1-3 |
a) if committed with especial cruelty;
b) if committed in the attempt to murder in order to conceal another offence; |
4-6 |
a) if including rape or violent sexual actions;
b) including sexual actions against a child;
c) if committed for the purpose of torture; |
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| 44.3 |
Negligent grievous harm |
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Negligent grievous harm is the infliction of serious injury to one or more prisoners which may be life threatening and/or involve permanent injury/loss of natural body function without deliberate intention to cause serious injury. |
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Primary Fact(s) |
| 1. That the person(s) have suffered grievous harm. |
| 2. That the prisoner(s) were/was in custody of the armed forces of Americas Union under the rules of this Military Code. |
| 3. That the actions of the accused contributed to the injury. |
| 4. That the actions of the accused were not done with the intent to cause grievous injury. |
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Penalty Conditions (Level 3-Offence) |
Type |
Condition(s) |
1-3 |
a) if owing to the general improper discharge by a person in the medical profession of their professional duties; |
4-6 |
a) if owing to the deliberate abandoning without aid of person who is in a state of danger to human health and who is deprived of the possibility of taking measures towards their self-preservation;
b) if committed in a state of sudden strong mental agitation, cause by other unlawful or amoral actions (inaction) of the victim;
c) if committed in a state of sudden strong mental agitation, cause by a protracted mentally traumatizing situation caused in connection with the systematic unlawful or amoral behavior of the victim. |
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| 44.4 |
Justifiable grievous harm |
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Negligent grievous harm is the infliction of serious injury to one or more persons which may be life threatening and/or involve permanent injury/loss of natural body function with lawful excuse. |
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Primary Fact(s) |
| 1. That the person(s) have suffered grievous harm. |
| 2. That the prisoner(s) were/was in custody of the armed forces of Americas Union under the rules of this Military Code. |
| 3. That the actions of the accused contributed to the injury. |
| 4. That the actions of the accused were lawfully justifiable. |
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Penalty Conditions (Level 1-Offence) |
Type |
Condition(s) |
1-4 |
a) if committed in the defence of one's own life against an uprising; |
4-6 |
a) if committed in the defence of the life of another member of the armed forces against a prisoner uprising; |
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Penalty Conditions (Level 2-Offence) |
Type |
Condition(s) |
1-3 |
a) if committed in the attempt to stop a prisoner escape where the prisoners were armed; |
4-6 |
a) if committed in the attempt to stop a prisoner escape where the prisoners were not armed; |
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