Act C of 2012 on the Criminal Code (as in force on 1 April 2022)
This document has been produced for informational purposes only.
Crime against humanity
Section 143 (1) A person who, as part of a widespread or systematic attack against a
population,
a) commits homicide,
b) coerces the population or any part of it to live under living conditions that threaten the
destruction of the population or its individual members,
c) displaces the population or any part of it from its lawful place of residence,
d) commits trafficking in human beings and forced labour,
e) deprives another person of his personal freedom or maintains his detention unlawfully,
f) coerces another person to commit or endure sexual violence, to engage in prostitution, to
carry a foetus to term or to undergo abortion,
g) causes grievous bodily or mental harm to another person,
h) deprives a group identifiable by a political, national, ethnic, cultural, religious, sexual or
other characteristic of its fundamental rights, or deprives a member of such a group of his
fundamental rights due to being part of the group,
is guilty of a felony and shall be punished by imprisonment for ten to twenty years or life.
(2) A person who commits preparation for crime against humanity shall be punished by
imprisonment for two to eight years.
(3) For the purposes of this section, a widespread or systematic attack against a civilian
population means any conduct involving the multiple commission of acts referred to in
paragraph (1) against a civilian population with a view to implementing or furthering the
policies of a state or organisation.
Apartheid
Section 144 (1) A person who, for the purpose of establishing and maintaining domination
by one racial group of persons over any other racial group of persons and systematically
oppressing them,
a) kills members of a racial group or groups,
b) coerces a racial group or groups to live under living conditions that are aimed at the
physical destruction of the group or groups in whole or in part,
is guilty of a felony and shall be punished by imprisonment for ten to twenty years or life.
(2) A person who commits any other crime of apartheid shall be punished by imprisonment
for five to fifteen years.
(3) The punishment shall be imprisonment for ten to twenty years or life if the other crime
of apartheid results in serious consequences.
(4) A person who commits preparation for apartheid shall be punished by imprisonment
a) for five to ten years in the case specified in paragraph (1),
b) for two to eight years in the case specified in paragraph (2).
(5) For the purposes of paragraphs (2) to (3), other crime of apartheid means the crimes of
apartheid specified in Articles II (a) (ii), II (a) (iii), II(c), II(d), II(e), and II(f) of the
International Convention on the Suppression and Punishment of the Crime of Apartheid
adopted by the General Assembly of the United Nations on 30 November 1973 in New York
and promulgated in Law-Decree 27 of 1976.
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