CRIME OF TORTURE
The crime of torture is regulated in articles 174 to 177 of the Penal Code. According to the provisions of art. 174, torture is committed by the authority or public official who, abusing his position, subjects another person to conditions or procedures that violate his moral integrity, provided that this behavior pursues any of the following purposes:
- Obtain a confession or information from the victim.
- Punishing the victim for an act committed or suspected of having committed.
- For any reason based on any type of discrimination.
The applicable penalty in both cases is imprisonment from 2 to 6 years if the attack is serious, and imprisonment from 1 to 3 years if it is not. In addition, the judge will always impose the penalty of absolute disqualification from 8 to 12 years.
On the other hand, if the authority or public official attempts against the moral integrity of a person, abusing his position, but the acts do not constitute a crime of torture, art. 175 of the Penal Code allows to punish the facts with a prison sentence of 2 to 4 years if the attack is serious, and a prison sentence of 6 months to 2 years if it is not. In any case, the judge will also impose the penalty of special disqualification from public employment or office for 2 to 4 years.
Likewise, Art. 176 of the Penal Code allows imposing the aforementioned penalties on the authority or official who, failing in the duties of his office, allows other persons to carry out the aforementioned acts.
Finally, if in the crimes described, in addition to the attack on moral integrity, there is injury or damage to the life, physical integrity, health, sexual freedom or property of the victim or a third party, the facts are punished separately with the corresponding penalty for the crimes committed (art. 177 of the Penal Code).