Penal Code
The Penal Code of 1976 was reinstated after the American invasion, and it has several provisions that could apply LGBT people.
- Article 398 – Offers lesser punishment for vigilante honor killings, which may involve a family member discovering their spouse or kin engaging in adultery, fornication or homosexuality.
- Article 427 – Prescribes long prison terms for adultery and pederasty, the latter may be interpreted as including sodomy, in light of the fact that there are still legal punishments proscribed even if the people involved are legal adults. The maximum punishment increases if victim is under eighteen years of age, if the defendant is in a position of authority over the victim, if the defendant has repeatedly committed the crime or if the crime results in the spread of a disease. The law also increases the available punishment if a "violation of honor" takes place.
- Article 512 states that a person who is engaging in public "watching" in a repugnant manner shall be imprisoned or fined.
Read more about this topic: LGBT Rights In Afghanistan
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