General Part

Section 2.

Crime.

Chapter 3.

The notion and types of crime.

Article 19. Types of crime.

5. Particularly grave crimes are those willful acts for which this Code envisages a maximal imprisonment for more than ten years or for life .

General Part

Section 3.

Punishment.

Chapter 9.

Notion of punishment, purposes and types.

Article 59. Imprisonment for a certain term.

1. Imprisonment is isolation from the society in the form of keeping the convict in a correctional institution, in custody.

2. Imprisonment can last from 3 months to 15 years.

3. Imprisonment for a crime through negligence can not exceed 10 years.

4. When assigning punishment by aggregate of crimes, in case of complete or partial summation of imprisonment terms, the maximal term can not exceed 15 years, and by aggregate of sentences, 20 years.

General Part

Section 3.


Punishment.

Chapter 10.

Assignment of punishment.

Article 66. Assignment of punishment by accumulation of crimes.

4. If the aggregate of crimes involves grave and particularly grave crimes, then the final punishment is assigned by complete or partial summation of punishments. The final punishment can not exceed 15 years of imprisonment. If one of the accomplices is sentenced to life, then the final basic punishment is decided by absorption.

Special Part

Section 11.

Crimes against state power.

Chapter 31.

Crimes against justice.

Article 332. Hindrance to administration of justice and conducting investigation.

1. Any intervention into the activities of the court, with the purpose of hindrance to the administration of justice, is punished with a fine in the amount of 200 to 400 minimal salaries, or with arrest for the term of 1-3 months, or with imprisonment for the term of up to 2 years.

2. Any intervention into the activities of the prosecutor, investigator or the person in charge of inquiry, with the purpose of hindrance to the comprehensive, complete and objective investigation of the case, is punished with a fine in the amount of 100 to 300 minimal salaries, or with arrest for the term of 1-3 months.

3. The actions envisaged in part 1 or 2 of this Article, committed by a person by abuse of official position, are punished with a fine in the amount of 300 to 500 minimal salaries, or with imprisonment for the term of up to 4 years, with deprivation of the right to hold certain posts or practice certain activities for up to 3 years.

Special Part

Section 11.

Crimes against state power.

Chapter 31.

Crimes against justice.

Article 334. Concealment of crime.

1. Concealment of a grave or a particularly grave crime, as well as tools and means of the crime, crime traces or criminally acquired items, which had not been previously promised, is punished with a fine in the amount of 300 to 500 minimal salaries, or with arrest for the term of 1-3 months, or with imprisonment for the term of up to 2 years.

2. The spouse of the person who committed a crime and one’s close relatives are not subject to criminal liability for concealment of the crime which had not been previously promised.

Special Part

Section 11.

Crimes against state power.

Chapter 31.

Crimes against justice.

Article 337. Hindrance to the appearance or testimony of the witness or the aggrieved.

Hindrance to the appearance or testimony of the witness or the aggrieved person to the court, to investigation bodies, committed by violence, by threat of violence or other illegal acts, is punished with a fine in the amount of 300 to 500 minimal salaries, or with arrest for the term of up to 3 months, or with imprisonment for the term of up to 2 years .

Special Part

Section 11.

Crimes against state power.

Chapter 31.

Crimes against justice.

Article 338. Obviously false testimony or obviously false conclusion, or obviously incorrect translation.

1. Obviously false testimony of the witness or the aggrieved person during the preliminary investigation or in court, or the expert’s obviously false conclusion, as well as, the translator’s obviously incorrect translation, is punished with a fine in the amount of 100 to 300 minimal salaries, correctional labor for up to 2 years, or with arrest for the term of up to 3 months.

2. The same action that :
1) Involved charges of committal of a grave or particularly grave crime ;
2) was accompanied with artificial creation of evidence of the prosecution ;
3) committed with mercenary purposes,is punished with imprisonment for the term of up to 5 years.

3. In cases envisaged in law, the person who refuses to testify is not subject to criminal liability, provided he during the preliminary investigation or court trial, prior to the sentence or ruling of the court, made a voluntarily statement about the falsehood of his testimony, conclusion or translation.

Special Part

Section 11.

Crimes against state power.

Chapter 31.

Crimes against justice.

Article 341. Forcing testimony by the judge, by the prosecutor, by the investigator or by the person in charge of inquiry.

1. Forcing the suspect, the accused, the defendant, the aggrieved, the witness or the expert, or the translator, by the judge, the prosecutor, the investigator or person in charge of inquiry, by using extortion or any other illegal action, to make a false testimony, conclusion or translation, is punished with deprivation of the right to hold certain posts or practice certain activities for up to 5 years, or with arrest for the term of up to 3 months, or with imprisonment for the term of up to 2 years.

2. The same action committed by the persons mentioned in part 1 by using torture, insult or other violence, are punished with imprisonment for the term of 3 to 8 years, with or without deprivation of the right to hold certain posts or practice certain activities for up to 3 years.

3. The actions envisaged in parts 1 or 2 of this Article, which caused grave consequences, are punished with imprisonment for the term of 6 to 12 years, with deprivation of the right to hold certain posts or practice certain activities for up to 3 years .

Special Part

Section 11.

Crimes against state power.

Chapter 31.

Crimes against justice.

Article 343. Contemptuous treatment of court.

1. Contemptuous treatment of court which was expressed in insulting the participants of the trial, is punished with a fine in the amount of 100 to 300 minimal salaries, or with arrest for 1-2 months.

2. The same action expressed in the insult of the judge with respect to the execution of official duties of the latter, is punished with a fine in the amount of 200 to 500 minimal salaries, or correctional labor for 1-2 years, or with arrest for 2-3 months.

Special Part

Section 11.

Crimes against state power.

Chapter 31.

Crimes against justice.

Article 347. Threat or violence in relation to preliminary investigation or administration of justice.

1. Threat to murder a judge or his close relatives, to inflict damage to health, destroy or damage property, concerned with the trial of the case or material in court, is punished with a fine in the amount of 300 to 500 minimal salaries, or with imprisonment for the term of up to 3 years.

2. The same action committed against a prosecutor, an investigator, person in charge of inquiry, defense lawyer, expert, court marshal or their relatives, concerning the preliminary investigation, the trial of the case or material in court, the sentence, verdict or other act, is punished with a fine in the amount of 200 to 400 minimal salaries, or with arrest for the term of 3 to 6 months, or with imprisonment for the term of up to 2 years.

3. The action envisaged in parts 1 or 2 of this Article, committed with violence not dangerous for life or health, is punished with imprisonment for the term of up to 5 years.

4. The action envisaged in parts 1, 2 or 3 of this Article, committed with violence dangerous for life or health, is punished with imprisonment for the term of 5 to 10 years.

Special Part

Section 11.

Crimes against state power.

Chapter 31.

Crimes against justice.

Article 348. Obviously illegal detention or arrest.

1. Obviously illegal detention, is punished with arrest for the term of 2-3 months, or with imprisonment for the term of up to 2 years, or with deprivation of the right to hold certain posts or practice certain activities for up to 3 years.

2. Obviously illegal arrest, or keeping under obviously illegal arrest, is punished with imprisonment for the term of up to 4 years, with deprivation of the right to hold certain posts or practice certain activities for up to 3 years.

3. Actions envisaged in parts 1 or 2 of this Article, which negligently caused grave consequences are punished with imprisonment for the term of 3 to 8 years, with deprivation of the right to hold certain posts or practice certain activities for up to 3 years.

Article 349. Forgery of evidence.

1. Forgery of evidence by a person or his representative participating in a civil case, is punished with a fine in the amount of 300 to 500 minimal salaries, or correctional labor for 1-2 years, or with arrest for the term of 1-2 months.

2. Forgery of evidence by a person in charge of inquiry, the investigator, the prosecutor or defense lawyer in a criminal case, is punished with imprisonment for the term of up to 3 years, with or without deprivation of the right to hold certain posts or practice certain activities for up to 3 years.

3. Forgery of evidence in a criminal case by persons mentioned in parts 1 or 2 of this Article, which was:
1) committed concerning cases with grave or particularly grave crimes;
2) negligently caused grave consequences, is punished with imprisonment for the term of 3 to 7 years, with or without deprivation of the right to hold certain posts or practice certain activities for up to 3 years.

Article 350. Entrapment for bribe or commercial bribe.

Entrapment for bribe or commercial bribe, i.e. to create artificial evidence or to blackmail an official or an executive or a manager of a commercial or other organization, an attempt to impose on them money, securities, other property or property services, is punished with a fine in the amount of 300-500 minimal salaries, or imprisonment for up to 5 years, with or without deprivation of the right to hold certain posts or practice certain activities for up to 3 years.

Special Part

Section 11.

Crimes against state power.

Chapter 31.

Crimes against justice.

Article 355. Escape from the place of imprisonment, arrest or custody.

1. Escape from the place of imprisonment or arrest or custody, is punished with imprisonment for the term of up to 3 years.

2. The same action, if committed :
1) by a group of persons ;
2) by using violence dangerous for the life or health of another person ;
3) by using weapons or other items as weapons, are punished with imprisonment for the term of up to 8 years.

3. The escaped person is exempted from criminal liability if the criminal proceedings were terminated or acquittal was made in the case for which the person was sentenced to imprisonment, arrest or custody.

Special Part

Section 13.

Crimes against peace and human security

Chapter 33.

Crimes against peace and human security

Article 387. Application of prohibited methods of war.

1. Application of methods prohibited by international agreements in military actions or armed conflicts, is punished with imprisonment for the term of up to 15 years.

2. Application or testing of mass destruction weapons prohibited in international agreements is punished with imprisonment from 10 to 15 years, or to life.

Special Part

Section 13.

Crimes against peace and human security

Chapter 33.

Crimes against peace and human security

Article 390. Serious breach of international humanitarian law during armed conflicts.

2.6) illegal, willful destruction or realization of property not caused by military necessity, is punished with imprisonment for 5-12 years.

Special Part

Section 13.

Crimes against peace and human security

Chapter 33.

Crimes against peace and human security

Article 390. Serious breach of international humanitarian law during armed conflicts.

3.5) assault on a person who, obviously for the perpetrator, ceased immediate participation in military actions, is punished with imprisonment for 10-15 years, of for life.

Special Part

Section 13.

Crimes against peace and human security

Chapter 33.

Crimes against peace and human security

Article 390. Serious breach of international humanitarian law during armed conflicts.

4. 4) targeting specially protected, clearly marked, cultural, spiritual and historical monuments, works of art, ceremonial places, and inflicting large damage to the latter as a result of assault, if these facilities are not in near proximity from military objectives and if there is no information attesting to the use of these historical monuments, works of art, ceremonial places by the enemy for military purposes, is punished with imprisonment for 8-12 years

Special Part

Section 13.

Crimes against peace and human security

Chapter 33.

Crimes against peace and human security

Article 390. Serious breach of international humanitarian law during armed conflicts.

5. During armed conflicts, medical intervention not necessitated by the health condition of the persons under jurisdiction of the enemy, arrested or otherwise detained, and detrimental for the physical or mental condition of the latter violating universally recognized medical norms, particularly, even with consent of these persons, inflicting physical injuries to people, subjecting them to medical or scientific experiments, harvesting parts of body or tissues for transplantation,
is punished with imprisonment for 8-12 years.

Special Part

Section 13.

Crimes against peace and human security

Chapter 33.

Crimes against peace and human security

Article 390. Serious breach of international humanitarian law during armed conflicts.

6. Other violations of the norms of international humanitarian law, agreements envisaged by international agreements during armed conflicts:
is punished with imprisonment for up to 5 years.

Special Part

Section 13.

Crimes against peace and human security

Chapter 33.

Crimes against peace and human security

Article 391. Inaction or making an illegal command during armed conflict.

1. During armed conflict, failure to take all possible measures by the commander or official, within the authority of the latter, to prevent crimes under Articles 387, 390 by the subordinates, if the commander knew or had information, which in the given situation should have helped him to conclude that the subordinate is committing or tends to commit an offence, and if within his authority, he did not take all possible measures to prohibit or to prevent this violation,
is punished with imprisonment for 5-10 years.

2. The same action which was committed recklessly, is punished with imprisonment for 2-5 years.

3. During armed conflict, an order by the commander or official to the subordinate not spare anybody’s life or other obviously criminal order, aimed at the committal of crimes envisaged in Articles 387, 390, is punished with imprisonment for 5-15 years.

Special Part

Section 13.

Crimes against peace and human security

Chapter 33.

Crimes against peace and human security

Article 392. Crimes against human security.

Deportation, illegal arrest, enslavement, mass and regular execution without trial, kidnapping followed by disappearance, torture or cruel treatment of civilians, due to racial, national, ethnic identity, political views and religion, is punished with imprisonment for 7-15 years or for life.

Special Part

Section 13.

Crimes against peace and human security

Chapter 33.

Crimes against peace and human security

Article 397. Illegal use of identification signs protected by international treaties.

During military actions, the use of the symbols and insignia of the Red Cross or Red Crescent protected by international treaties, the signs envisaged for marking cultural values or other protective signs, or the flag or national identification symbols of the enemy or a neutral state, or the flags of international organizations, in breach of international treaties and international law, is punished with correctional labor for 1-2 years or imprisonment for up to 3 years.