CRPD.C.CHN.Q.1.Add.1_en (1).doc

Death imprisonment penalties range from 2 to 8 years

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death, imprisonment penalties range from 2 to 8 years and from 5 to 15 years in the cases of Article 137 or 138, respectively (Article 139). If the offences referred to in Articles 137, 138 and 139 are committed in special circumstances which reveal reprehensibility or perversity of the perpetrator, he/she is punished with the penalty applicable to those crimes increased by one third in its minimum and maximum (Article 140). 82
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Moreover, it should be pointed out that conducts which constitute domestic violence are considered criminal offences under the Criminal Code , in particular under its Article 146, which establishes the crime of ill-treatment of minors, persons with incapacities or spouse. Infliction of physical or mental ill-treatment or cruel treatment by whoever has under his/her care, custody, responsibility for the direction or education, or under his/her supervision in work relations, a minor or an incapable or a person with low capacity due to age, illness or physical or mental disability, is punishable with imprisonment ranging from 1 to 5 years, and 2 to 8 years or 5 to 15 years, if the said ill-treatment leads to serious physical injury or death of the victim, respectively. In respect of disciplining children at schools and educational institutions, Order 46/SAAEJ/97 approves the Discipline System for Students in Public Educational Institutions , providing for the prohibition of taking disciplinary measures that are contrary to the moral and physical integrity and to the personal dignity of students. Furthermore, Law No. 2/2007 stipulates that the educational regime and adequate measures are applicable to minors between the age of 12 and 16 who have committed criminal offences or misdemeanours, under which measures infringing the physical integrity, health or dignity are prohibited. 83
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