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9. Offences against non-combatants
 
  Article 49-Offences causing permanent injury  
49.1 Grievous harm  
  Grievous harm is the causing of serious injury to one or more persons who were not combatants 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.  
49.2 Intentional grievous harm  
  Intentional grievous harm is the intentional infliction of serious injury, without lawful excuse, to one or more non-combatant persons 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 victim(s) was a non-combatant.
 3. That the accused was either a member of the armed forces of Oceanic Union at the time of the alleged offence or an opposing combatant;
 4. That the actions of the accused contributed to the injury.
 5. 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 attended by robbery with violence, racketeering, or banditry;
c) 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 woman 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) attended by the kidnapping of a person or the seizure of a hostage;
d) if involving the attack of two or more persons;
e) 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;
 
49.3 Negligent grievous harm  
  Negligent grievous harm is the infliction of serious injury to one or more non-combatant persons 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 victim(s) was a non-combatant.
 3. That the accused was either a member of the armed forces of Oceanic Union at the time of the alleged offence or an opposing combatant;
 4. That the actions of the accused contributed to the injury.
 5. 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) 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;
 
 
 Penalty Conditions (Level 4-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.
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 attempt to commit suicide by means of threats, cruel treatment of a person or systematic denigration of the human dignity of the victim;
 
49.4 Justifiable grievous harm  
  Negligent grievous harm is the infliction of serious injury to one or more non-combatant 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 victim(s) was a non-combatant.
 3. That the accused was either a member of the armed forces of Oceanic Union at the time of the alleged offence or an opposing combatant;
 4. That the actions of the accused contributed to the injury.
 5. 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 armed enemy;
4-6
a) if committed in the defence of the life of a colleague against an armed enemy;
 
 
 Penalty Conditions (Level 2-Offence)
Type
Condition(s)
1-3
a) if committed in responding in battle to an enemy hiding amongst non-combatant forces and the casualties are greater than 20;
4-6
a) if committed in initiating battle to an enemy hiding amongst non-combatant forces and the casualties are greater than 20;
 
     
     
 
 

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