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6. Offences against a human being
 
  Article 50-Offences causing permanent injury  
50.1 Grievous harm  
  Grievous harm is the causing of serious injury to one or more persons 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.  
50.2 Intentional grievous harm  
  Intentional grievous harm is the intentional infliction of serious injury, without lawful excuse, to one or more persons which may be life threatening and/or involve permanent injury/loss of natural body function.  
 
 Primary Fact(s)
 1. That the person(s) have suffered grievous harm.
 2. That the actions of the accused contributed to the injury.
 3. That the actions of the accused were done with the intent to cause grievous injury.
 
 
 Penalty Conditions (Level 4-Crime)
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 attended by robbery with violence, racketeering, or banditry;
c) if knowingly infecting a person with hepatitis without disclosure to the victim.
 
 
 Penalty Conditions (Level 5-Crime)
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 woman 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) attended by the kidnapping of a person or the seizure of a hostage;
d) if involving the attack of two or more persons;
e) if committed in the attempt to murder;
 
 
 Penalty Conditions (Level 6-Crime)
Type
 Condition(s)
1-3
 a) if committed with especial cruelty;
b) of a person employed in law enforcement in connection to their line of duty;
c) if committed in the attempt to murder in order to conceal another crime;
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;
 
50.3 Negligent grievous harm  
  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 without deliberate intention to cause serious injury.  
 
 Primary Fact(s)
 1. That the person(s) have suffered grievous harm.
 2. That the actions of the accused contributed to the injury.
 3. That the actions of the accused were not done with the intent to cause grievous injury.
 
 
 Penalty Conditions (Level 3-Crime)
Type
 Condition(s)
1-3
 a) cause by an impulsive reckless act not involving the use of machinery or weapons of any kind;
4-6
 a) if committed by a driver as a result of a motor vehicle accident;
 
 
 Penalty Conditions (Level 4-Crime)
Type
 Condition(s)
1-3
 a) if owing to the general improper discharge by a person in the medical profession of their professional duties;
b) if committed by a mother of her newborn child in a mentally traumatizing situation or in a state of mental disorder;
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.
d) if owing to the operation of machinery by a licensed operator;
 
 
 Penalty Conditions (Level 5-Crime)
Type
 Condition(s)
1-3
 a) if committed by a mother of her newborn child during or immediately after childbirth;
b) if committed by a driver as a result of a motor vehicle accident, while under the influence of alcohol or drugs;
c) if committed in a state of sudden strong mental agitation, caused by violence, mockery, or gross insult on the part of the victim;
d) if owing to the general improper discharge by a person of their professional duties;
4-6
 a) if owing to the failure to render aid to a sick person without valid reasons, by a person who is duty-bound to render it;
b) if owing to the operation of machinery by an unlicensed operator;
c) if owing to the incitement of a person to attempt to commit suicide by means of threats, cruel treatment of a person or systematic denigration of the human dignity of the victim;
 
50.4 Justifiable grievous harm  
  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.  
 
 Primary Fact(s)
 1. That the person(s) have suffered grievous harm.
 2. That the actions of the accused contributed to the injury.
 3. That the actions of the accused were lawfully justifiable.
 
 
 Penalty Conditions (Level 2-Crime)
Type
 Condition(s)
1-4
 a) if committed in the defence of one's own life in one's own home against an intruder;
b) if committed in the defence of the life of one's own children in one's own home against an attacker;
4-6
 a) if committed in the defence of one's own life in one's own place of work against an intruder;
b) if committed in the defence of the life of one's own children against an attacker;
 
 
 Penalty Conditions (Level 3-Crime)
Type
 Condition(s)
1-3
 a) if committed in the defence of a threatened life in one's own place of work against an intruder;
4-6
 a) if committed in the defence of a imminently threatened life against an attacker;
 
     
     
 
 

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