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8. Offences
against prisoners
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Article 45-Offences
causing temporary injury
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| 45.1 |
Prisoner Minor harm |
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Minor harm is the causing of minor injury to one or more prisoners which is not life threatening and/or does not involve permanent injury/loss of natural body function. Minor harm is further defined into only three possible classifications-intentional minor harm, negligent minor harm and justifiable minor harm. |
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| 45.2 |
Intentional Minor harm |
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Intentional minor harm is the intentional infliction of minor injury, without lawful excuse, to one or more prisoners which is not life threatening and/or does not involve permanent injury/loss of natural body function. |
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Primary Fact(s) |
| 1. That the person(s) have suffered minor harm. |
| 2. That the prisoner(s) were/was in custody of the armed forces of Arabian 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 minor or grievous injury. |
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Penalty Conditions (Level-2 Offence) |
Type |
Condition(s) |
1-3 |
a) if committed with the intent to inflict bodily harm to a person; |
4-6 |
a) if committed by a person who has undertaken at least one year of martial arts/self defence training;
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Penalty Conditions (Level-3 Offence) |
Type |
Condition(s) |
1-3 |
b) of a person who is known by the attacker to be helpless state; |
4-6 |
a) of a woman who is known by the attacker to be in a state of pregnancy;
b) if involving the attack of two or more persons; |
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Penalty Conditions (Level-4 Offence) |
Type |
Condition(s) |
1-3 |
a) if committed with cruelty; |
4-6 |
a) if including rape or sexual actions;
b) including sexual actions against a child;
c) if committed for the purpose of torture; |
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| 45.3 |
Negligent Minor harm |
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Negligent minor harm is the infliction of minor injury to one or more prisoners which is not life threatening and/or does not involve permanent injury/loss of natural body function without deliberate intention to cause injury. |
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Primary Fact(s) |
| 1. That the person(s) have suffered minor harm. |
| 2. That the prisoner(s) were/was in custody of the armed forces of Arabian 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 minor or grievous injury. |
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Penalty Conditions (Level-1 Offence) |
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; |
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Penalty Conditions (Level-2 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. |
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| 45.4 |
Justifiable minor harm |
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Justifiable minor harm is the infliction of minor injury to one or more prisoners which is not threatening and/or does not involve permanent injury/loss of natural body function with lawful excuse. |
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Primary Fact(s) |
| 1. That the person(s) have suffered minor harm. |
| 2. That the prisoner(s) were/was in custody of the armed forces of Arabian 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. |
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Penalty Conditions (Level-1 Offence) |
Type |
Condition(s) |
1-3 |
a) if committed in the handling of a belligerent prisoner; |
4-6 |
a) if committed in the break-up of violence between prisoners;
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