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6. Offences
against a human being
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Article 61-Offences
against property rights of face, body and voice
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| 61.1 |
Offences against property rights of unique person |
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Violation of the property rights of unique person is when either the face, part or complete body and/or voice of a person are recorded and/or used in any published medium without the expressed written consent of the victim, excepting for the purpose of law and security enforcement. |
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Primary Fact(s) |
| 1. That the victim has a unique face, body and voice to some degree. |
| 2. That the victim implictly owns the property rights to their own face, body and voice. |
| 3. That the victim did not consent for a reprodution/image/copy to be made of their face, body and/or voice to be altered/used in anyway. |
| 4. That the actions of the accused contributed to the reprodution/image/copy made of the victims face, body and/or voice. |
| 5. That the actions of the accused were done with the intent to reprodution/image/copy the victims face, body and/or voice. |
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Penalty Conditions (Level 1-Crime) |
Type |
Condition(s) |
1-3 |
a) If photographic or recorded images/media taken for personal use without permission; |
4-6 |
a) If photographic or recorded images/media taken for commercial use without permission; |
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Penalty Conditions (Level 2-Crime) |
Type |
Condition(s) |
1-3 |
a) If photographic or recorded images/media taken for personal use without permission and with harassment; |
4-6 |
a) If photographic or recorded images/media taken for commercial use without permission and with harassment; |
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Penalty Conditions (Level 3-Crime) |
Type |
Condition(s) |
1-3 |
a) If photographic or recorded images/media taken for personal use without permission and with harassment by a person previously convicted of the same crime; |
4-6 |
a) If photographic or recorded images/media taken for commercial use without permission and with harassment by a person previously convicted of the same crime; |
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