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10.25.2010

article 234 - draft amendment

Article 234 (Intentional wounding) Whoever intentionally inflicts injury upon another person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.

Whoever commits the crime mentioned in the preceding paragraph, thus causing severe injury to another person, shall be sentenced to fixed- term imprisonment of not less than three years but not more than 10 years; if he causes death to the person or, by resorting to especially cruel means, causes severe injury to the person, reducing the person to utter disability, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, except as otherwise specifically provided in this Law.

Whoever organizes others to sell human organs shall be sentenced to not more than five years fixed-term imprisonment, and a concurring fine. If circumstances are serious, he shall be sentenced to more than five years fixed-term imprisonment, a concurring fine or confiscation of property.

Whoever obtains organs from another without his consent, or obtains organs from a person who has not reached the age of eighteen, or uses force or fraud to induce others to donate their organs is punished according to provisions of article 234 of the present law.

Whoever obtains organs from a third person’s corpse contravening his will during his lifetime, or when no agreement was showed during his lifetime, obtains organs from a corpse contravening state law or contravening the will of his near relatives shall be punished according to provisions of article 302 in the present law

Current formulation

Article 234 Whoever intentionally inflicts injury upon another person shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.

Whoever commits the crime mentioned in the preceding paragraph, thus causing severe injury to another person, shall be sentenced to fixed- term imprisonment of not less than three years but not more than 10 years; if he causes death to the person or, by resorting to especially cruel means, causes severe injury to the person, reducing the person to utter disability, he shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death, except as otherwise specifically provided in this Law.

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