Crimes of Torture and Coercion of Testimony under the Penal Code

Crimes of Torture and Coercion of Testimony under the Penal Code

Crime of Torture

1. Any person who, in the course of legal proceedings, enforcement of judgments, or enforcement of measures of placement into a reformatory school, compulsory education establishment, or compulsory rehabilitation center, commits torture or engages in cruel or degrading treatment of another person in any form, shall be subject to imprisonment from 06 months to 03 years.

2. The offense committed in any of the following circumstances shall carry a penalty of 02 to 07 years’ imprisonment:
   a) Committed two or more times;
   b) Committed against two or more persons;
   c) Using sophisticated or deceitful methods;
   d) Committed against a person under 18 years of age, a woman known to be pregnant, an elderly person, a person with severe disability, or a person with particularly severe disability;
   đ) Causing bodily injury or harm to another person’s health with a bodily harm rate of 11% to 60%.

3. The offense committed in any of the following circumstances shall carry a penalty of 07 to 12 years’ imprisonment:
   a) Causing bodily injury or harm to another person’s health with a bodily harm rate of 61% or more;
   b) Causing the tortured person to commit suicide.

4. If the offense results in the death of the tortured person, the offender shall be subject to 12 to 20 years’ imprisonment or life imprisonment.

5. The offender shall also be subject to a ban from holding certain positions for 01 to 05 years.

Crime of Coercion of Testimony

1. Any person who, in the course of legal proceedings, unlawfully uses coercive methods to force a person giving testimony or being interrogated to disclose information related to a case or matter, shall be subject to imprisonment from 06 months to 03 years.

2. The offense committed in any of the following circumstances shall carry a penalty of 02 to 07 years’ imprisonment:
   a) Committed two or more times;
   b) Committed against two or more persons;
   c) Committed against a person under 18 years of age, a woman known to be pregnant, an elderly person, a person with severe disability, or a person with particularly severe disability;
   d) Using torture or cruel, degrading treatment against the person giving testimony or being interrogated;
   đ) Using sophisticated or deceitful methods;
   e) Leading to distortion of the outcome of prosecution, investigation, indictment, or trial;
   g) Forcing the person giving testimony or being interrogated to give false statements.

3. The offense committed in any of the following circumstances shall carry a penalty of 07 to 12 years’ imprisonment:
   a) Causing the coerced person to commit suicide;
   b) Leading to omission of a prosecution for a less serious or serious crime.

4. The offense committed in any of the following circumstances shall carry a penalty of 12 to 20 years’ imprisonment or life imprisonment:
   a) Causing the coerced person to die;
   b) Leading to wrongful conviction of an innocent person;
   c) Leading to omission of a prosecution for a very serious crime or an especially serious crime, or of the offender of such crimes.

5. The offender shall also be subject to a ban from holding certain positions or practicing certain professions for 01 to 05 years.

Legal grounds:

• Article 373 and Article 374 of the Penal Code 2015;

• Point u Clause 2 Article 2 of the Law amending and supplementing a number of articles of the Penal Code 2017;

• Point t Clause 1 Article 2 of the Law amending and supplementing a number of articles of the Penal Code 2017.