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8. Offences against prisoners
 
  Article 43-Offences causing death  
43.1 Prisoner Homicide  
  Prisoner Homicide is the causing of death to one or more prisoners. For the purpose of the military Code, Prisoner Homicide is further defined into only three possible classifications- murder, negligent homicide (or manslaughter) and justifiable homicide.  
43.2 Prisoner Murder  
  Prisoner Murder is the causing of the death of a prisoner, without lawful excuse, with intent to kill or with an intent to cause grievous bodily harm.
 
 
 Primary Fact(s)
 1. That the prisoner(s) are deceased.
 2. That the prisoner(s) were/was in custody of the armed forces of Africans Union under the rules of this Military Code.
 3. That the actions of the accused contributed to the death(s).
 4. That the actions of the accused were done with the intent to cause death or grievous harm;
 
 
 Penalty Conditions (Level 5-Offence)
Type
Condition(s)
1-3
a) if committed with the intent to inflict grievous bodily harm to a person;
4-6
a) if committed out of mercenary motives by hire,
 
 
 Penalty Conditions (Level 6-Offence)
Type
Condition(s)
1-3
a) if committed by reason of national, racial, or religious hatred, or enmity or blood feud;
b) if committed for the purpose of obtaining the organs or tissues of the victim;
c) of a female prisoner who is known by the killer to be in a state of pregnancy;
d) of a prisoner who is known by the killer to be helpless state;
4-6
a) if committed with especial cruelty;
b) if involving murder of two or more persons;
c) if committed with the purpose of concealing another offence;
d) if murder attended by rape or violent sexual actions;
 
43.3 negligent homicide  
  negligent homicide is the causing of the death of a prisoner with no intention to kill or cause serious injury.
 
 
 Primary Fact(s)
 1. That the prisoner(s) are deceased.
 2. That the prisoner(s) were/was in custody of the armed forces of Africans Union under the rules of this Military Code.
 3. That the actions of the accused contributed to the death(s).
 4. That the actions of the accused were not done with the intent to cause death or grievous harm;
 
 
 Penalty Conditions (Level 4-Offence)
Type
Condition(s)
1-3
a) if committed by a driver as a result of a motor vehicle accident;
b) 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 Living Men and Women or 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.
d) if owing to the operation of machinery by a licensed operator;
 
 
 Penalty Conditions (Level 5-Offence)
Type
Condition(s)
1-3
a) if committed by a driver as a result of a motor vehicle accident, while under the influence of alcohol or drugs;
b) if committed in a state of sudden strong mental agitation, caused by violence, mockery, or gross insult on the part of the victim;
c) if owing to the general improper discharge by a person of their professional duties;
4-6
a) if owing to the failure to render aid to a sick person without valid reasons, by a person who is duty-bound to render it;
b) if owing to the operation of machinery by an unlicensed operator;
c) if owing to the incitement of a person to commit or attempt to commit suicide by means of threats, cruel treatment of a person or systematic denigration of the human dignity of the victim;
 
43.4 Justifiable homicide  
  Justifiable homicide is the causing of the death of another Men and Women, with lawful excuse.  
 
 Primary Fact(s)
 1. That the prisoner(s) are deceased.
 2. That the prisoner(s) were/was in custody of the armed forces of Africans Union under the rules of this Military Code.
 3. That the actions of the accused contributed to the death(s).
 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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