PENAL CODE of the Democratic Republic of Timor Leste BOOK II SPECIAL PART TITLE I CRIMES AGAINST PEACE AND HUMANITY CHAPTER I CRIMES OF GENOCIDE AND CRIMES AGAINST HUMANITY Article 123. Genocide 1. Any person who, with intent to destroy, in whole or in part, a national, ethnic, racial or religious group, commits any of the following: a) Homicide or offence against the physical or mental integrity of members of the group; b) By whatever means, acts that prevent members of the group from procreating or giving birth; c) Rape, sexual enslavement, forced prostitution, forced pregnancy, forced sterilization or any other form of sexual violence of comparable seriousness; d) Separation of members of the group into another group by violent means e) Acts that prevent the group in a violent manner from settling or remaining in a geographic space that is, by tradition or historically, recognized as their own; f) Subjection of the group to cruel, degrading or inhumane conditions of existence and treatment, which may cause its total or partial destruction; g) Widespread confiscation or seizure of property owned by members of the group; h) Prohibition of members of the group from carrying out certain trade, industrial or professional activities; i) Spread of an epidemic that may cause the death of members of the group or offences to their physical integrity; j) Prohibition, omission or hindrance by any means from providing members of the group with humanitarian assistance required to combat epidemic situations or severe food shortages; is punishable with 15 to 30 years imprisonment. 2. Any person who, publicly and directly, incites the commission of any of the aforementioned acts is punishable with 5 to 15 years imprisonment. Article 124. Crimes against humanity Any person who, within the context of a widespread or systematic attack against any civilian population, commits acts that result in: a) Homicide or serious aggression to physical or mental integrity; b) Extermination, construed as subjection of the whole or part of a population to adverse living conditions, such as deprivation of access to food and medicine, apt to cause death of one or more persons; c) Enslavement; d) Forcible deportation or transfer of a population, construed as unlawful displacement of one or more persons to another State or place by expulsion or other coercive act; 34

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