EXCERPTS FROM THE CRIMINAL CODE OF CHEHCNYA
(Shariah Laws, Chechen Style)
Nezavisimaya Gazeta, 2000
CAPITAL PUNISHMENTS
Capital punishment shall be executed by beheading, or by beating with
stones, on in the way in which the criminal killed his victim.
PUNISHMENT IN KIND
Punishment in kind is the punishment of the criminal, who deliberately committed this or other crime, in the same manner as he committed his crime. The right to execute punishment in kind can be claimed first and foremost by the victim of the crime or his/her close relatives.
MULTIPLE PUNISHMENT IN KIND
Punishment in kind in case of wounding shall be executed in accordance with the number of wounds inflicted to different organs of the victim, and in accordance with the principle of bigger crime encompassing the smaller crime, with the exception of cases when the wounds and injuries were inflicted by the criminal to the victim with the purpose of punishment.
In such cases the criminal shall be punished with double amputation, when first the smaller, and then the bigger parts are amputated.
If the criminal cut off the same organs from several victims simultaneously, and if punishment in kind is afforded for this crime, he shall undergo such punishment if at least one of the victims so demands, which does not deprive other victims of the right to demand full or partial compensation depending on the situation.
CLOSE OF RELATIVES THE VICTIM WHO HAVE THE RIGHT TO EXECUTE PUNISHMENT IN KIND
The close relatives of the victim, who have the right to execute punishment in kind, are the persons who are his/her inheritors as of the victimÌs death.
The state shall assume the function of close relatives if the victim has no such relatives, or if their whereabouts is unknown, or if their return is improbable.
FLAGELLATION
If the crime under consideration does not provide for punishment in accordance with the provisions of the Shariah, the verdicts involving corporal punishment shall not be passed on persons above 60, as well as the ill, because such punishment could endanger their life or health.
If punishment by flagellation cannon be applied owing to the advanced
age or bad health of the criminal, this punishment shall be replaced with some other punishment.
COMPENSATION FOR MURDER, INJURY OR WOUND (DIYÌA)
The full size of diyÎa equals 100 cows or a sum of money equivalent to their cost, periodically determined by the Supreme Justice after consultations with competent agencies.
PUNISHMENT OF MINORS
Adolescents who have reached the age of 10 shall be flagellated for educational purposes (the number of leashes shall not exceed 20).
DRINKING AND DISTURBANCES
Any person who drinks alcohol, stores or produces it shall be punished by flagellation, with 40 leashes if the guilty party professes Islam.
APOSTASY
A person guilty of a crime qualified as apostasy shall be offered to repent, and the court shall establish a certain deadline for this. If the guilty party, who is not a neophyte of Islam, persists in the crime, he/she shall by punished by execution.
PREMEDITATED MURDER
Any person who committed a crime qualified as premeditated murder shall be punished by execution as punishment in kind. If punishment in kind cannot be applied, the guilty party shall be punished by imprisonment for up
to ten years, and shall pay an established compensation.
ABORTION
Any person that deliberately takes action which result in the abortion of the unborn child of any woman, shall be judged guilty of a crime
that is qualified as an abortion, unless the abortion was carried out in one
of the following cases:
if the abortion was performed to save the life of the mother; or
if the pregnancy occurred as a result of a rape, and the fetus was at
least ninety days old, and the woman wanted to have an abortion in such circumstances.
ADULTERY
Guilty of a crime qualified as adultery shall be:
any man who had sexual relations with any woman to whom he is not legally bound;
any woman who allowed any man, with whom she is not legally bound, to
have sexual relations with her.
Sexual relations shall be regarded as complete if the head of the male organ, or whatever corresponds to it, entered the sexual organs of the woman.
A marriage that is regarded by the general consent of law experts as invalid shall not be judged as a legal bond.
PUNISHMENT FOR ADULTERY
Those guilty of adultery shall be punished by:
execution through beating with stones, if the guilty was virgin before the crime;
flagellation with 100 leashes, if the guilty was not virgin before the crime.
In addition to punishment by flagellation, the man who was not virgin
before the crime may be also punished with an exile of one year.
Virginity in this case is the maintenance of legal matrimonial relations at the time when the crime of adultery was committed, or in case of past matrimonial relations.
SODOMY
Those guilty of crime that is qualified as sodomy shall be punished by flagellation with 100 leashes. Other form of punishment may be imprisonment for no more than five years.
INDECENT BEHAVIOUR INSULTING SOCIAL MORALS
Any person guilty of doing indecent things or acting indecently in a public place, which insults social morals, or even those who are not dressed
properly or whose dress insults social morals, owing to which the surrounding people feel embarrassment and discomfort, shall be punished by flagellation with no more than 40 leashes, or shall pay a fine, or both.
LICENTIOUS ACTIONS
Those who go to a whorehouse, where they most probably intended to have sexual relations or get something for sexual relations, shall be judged
guilty of a crime qualified as licentious actions. Those guilty of such crime shall be punished by flagellation with no more than 100 leashes, or imprisonment for no more than three years.
A whorehouse is any place prepared for the meeting of men, women or men and women, who are not married couples or relatives, in conditions where
sexual acts become most probable.
THEFT
Those guilty of theft punishable in accordance with the provisions of
the Shariah shall have their right hand cut off. If the criminal was found guilty of this crime for a second time, the punishment shall be the cutting off of his/her left foot.
ORGANS AND WOUNDS FOR WHICH PUNISHMENT IN KIND IS APPLIED
A seeing eye, if it was fully removed.
The nose up to the place where it joins the bridge.
An ear, if it was cut off completely. If the crime concerns a part of
an ear, punishment in kind shall not be applied.
A tooth, if the examination reveals that no other tooth will grow in its place.
The tongue, if it was cut off completely.
An arm, if it was cut off at the junction. If cut off above the junction, the victims shall receive compensation for the additional part.
The same concerns punishment in kind for leg injuries.
The fingertips and fingers of hands and feet, if they were cut off at
the junction.
The sexual organ, if it was cut off completely or below the head.
The balls; if one of the balls remained intact, the guilty will have only one of his balls cut off.
Any wound going as deep as the bone.
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