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8. Offences against prisoners
 
  Article 44-Offences causing permanent injury  
44.1 Prisoner Grievous harm  
  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.  
44.2 Intentional grievous harm  
  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.  
 
 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 Oceanic 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.
 
 
 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.
 
 
 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;
 
 
 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;
 
44.3 Negligent grievous harm  
  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.  
 
 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 Oceanic 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.
 
 
 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.
 
44.4 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 prisoner(s) were/was in custody of the armed forces of Oceanic 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.
 
 
 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;
 
 
 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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