Summary.
The bill amends Article 132-A of the Criminal Code to establish a 30-year prison sentence for anyone who causes the death of a woman in any of the circumstances specified in that article. This provision begins the proposed changes to penalties for conduct against the lives and physical integrity of women.
It then replaces Article 174 of the Criminal Code. It proposes a 25-year prison sentence for anyone who, through violence or intimidation, engages in sexual intercourse with a person using their genital organs, as well as for anyone who causes another person to have sexual intercourse with them under the same conditions. The same penalty would apply to oral sexual acts and to the insertion, for sexual purposes and without consent, of an object or a non-genital body part into the affected person's anus or vagina.
The amended article also establishes a 25-year sentence when the rape causes impairment of psychological capacity, physical injury resulting in incapacity for more than 30 days, or pregnancy. The listed circumstances include a family relationship within the third degree of consanguinity or the second degree of affinity; being a minister of religion, educator, or person responsible for guardianship, upbringing, or temporary care; abuse of authority or trust; participation by 2 or more people or the presence of observers; and the use of degrading or humiliating methods. It provides for a 20-year prison sentence when the rape is committed by a person who knows they have an illness or carry HIV.
The amendment to Article 175 of the Criminal Code proposes 25 to 30 years of imprisonment for the conduct described in the preceding article, even without violence or intimidation, if committed against a person under 14; a person unable to consent or resist because of the described conditions; a person who is detained or entrusted to the perpetrator for custody or transport, where the perpetrator abuses their position; or a person who, because of their age, cannot consent or resist. The amendment to Article 176 proposes 20 to 25 years of imprisonment for anyone who uses a position of advantage to obtain sexual access to a person older than 14 and younger than 18, even if that person consents.
The bill adds a paragraph to Article 220 of the Criminal Procedure Code excluding a plea agreement in the listed circumstances: the victim is a minor, has a disability, is related to the perpetrator, has been rendered unconscious, or is elderly; the perpetrator has a prior conviction under the specified terms; or the perpetrator holds a position of authority or trust in relation to the victim. The final clause identifies the amendments to the Criminal Code and the addition to the Criminal Procedure Code, and provides for the law to take effect upon promulgation. Given its content, the bill concerns authorities handling criminal proceedings and could be of interest to or affect victims, people under investigation, their defense counsel, care institutions, and the education sector.
What it proposes.
- Penalties for causing the death of a woman in the circumstances specified in Article 132-A.
- Penalties and circumstances applicable to sexual conduct covered by the Criminal Code.
- Exclusion of plea agreements in the circumstances added to the Criminal Procedure Code.
Who it would affect.
- People investigated or punished for the described conduct.
- Victims covered by the bill's specified circumstances.
- Authorities and participants in criminal proceedings.
Key points.
- Proposes a 30-year prison sentence for anyone who causes the death of a woman in the circumstances specified in Article 132-A.Art. 1
- Establishes a 25-year prison sentence for the described sexual conduct when it involves violence or intimidation, or when consent is absent for the specified acts.Art. 2
- Lists circumstances of rape punishable by 25 years and provides for 20 years if the perpetrator knows they have an illness or carry HIV.Art. 2
- Punishes certain sexual conduct with 25 to 30 years of imprisonment even without violence or intimidation, depending on the affected person's age or condition and the perpetrator's position.Art. 3
- Proposes 20 to 25 years of imprisonment for sexual access obtained through a position of advantage with a person older than 14 and younger than 18, even if that person consents.Art. 4
- Excludes plea agreements when the listed circumstances concerning the victim, the perpetrator's prior convictions, or the perpetrator's position of authority or trust are present.Art. 5
- Identifies the criminal and procedural amendments and provides that the law would take effect upon promulgation.Arts. 6-7