CROATIA CRIMINAL CODE

GENERAL PART

CHAPTER THREE (iii)CRIMINAL OFFENSE

Article 35

(1) The principal is a person who commits a criminal offense by his own act or omission or through another agent.

(2) Co-principals of a criminal offense are two or more persons who, on the basis of a joint decision, commit a criminal offense in such a way that each of them participates in the perpetration or, in some other way, substantially contributes to the perpetration of a criminal offense.

(3) Accomplices are: the instigator and the aider or abettor.

(4) The instigator and aider or abettor are accomplices who, without control over the perpetration of a criminal offense, contribute to its perpetration by instigation or by aiding and abetting.

Punishment of Accomplices

Article 36

(1) Each co-principal shall be liable in accordance with his intent or negligence, while the instigator and the aider and abettor shall be liable in accordance with their intent.

(2) The material or personal characteristics of the principal, which represent the material elements of a criminal offense or influence the severity of the prescribed punishment, shall also apply to accomplices.

(3) Strictly personal circumstances for which the law excludes culpability and allows for the remission, mitigation or aggravation of punishment may apply only to the principal or accomplice to whom they pertain.

(4) The punishment of an accomplice who voluntarily prevents the perpetration of a criminal offense may be remitted.

CROATIA CRIMINAL CODE

GENERAL PART

CHAPTER THREE (iii)CRIMINAL OFFENSE

Article 37

(1) Whoever intentionally instigates another to commit a criminal offense shall be punished as if he himself committed it.

(2) Whoever intentionally instigates another to commit a criminal offense whose attempt is punishable shall be punished as for the attempt of such a criminal offense even if the offense itself has not been attempted.

(3) In the case of an inadvertent attempt of instigation, the court may remit the punishment of the instigator.

CROATIA CRIMINAL CODE

SPECIAL PART

CHAPTER THIRTEEN (xiii) - CRIMINAL OFFENSES AGAINST VALUES PROTECTED BY INTERNATIONAL LAW

Article 156

Whoever, with intent to destroy in whole or in part a national, ethnic, racial or religious group, orders the killing of members of such a group, or orders serious bodily injury to be inflicted on them, or orders the physical or mental health of the members of such a group to be impaired, or orders the forcible displacement of the population, or conditions of life to be inflicted on the group which are calculated to bring about its physical destruction in whole or in part, or orders measures to be imposed which are intended to prevent births within the group, or orders the forcible transfer of children of the group to another group, or whoever with the same intent commits any of the foregoing acts, shall be punished by imprisonment for not less than ten years or by long-term imprisonment.

CROATIA CRIMINAL CODE

SPECIAL PART

CHAPTER THIRTEEN (xiii) - CRIMINAL OFFENSES AGAINST VALUES PROTECTED BY INTERNATIONAL LAW


Article 157a

Whoever violates the rules of international law within an extensive or systematic attack against the civilian population and, with knowledge of such an attack, orders the killing of another person, orders the infliction of conditions of life so as to bring about the physical destruction in whole or in part of some civilian population which could lead to its complete extermination, orders trafficking in human beings, in particular of women and children, or the enslavement of a person in any other way so that some or all of the powers originating in property rights are exercised over such person, orders the forceful displacement of persons from areas where they lawfully reside and through expulsion or other measures of coercion, orders that a person deprived of liberty or under supervision be tortured by intentionally inflicting severe bodily or mental harm or suffering, orders that a person be raped or subjected to some other violent sexual act or that a woman who has been impregnated as a result of such violent act be intentionally kept in detention so as to change the ethnic composition of some population, orders the persecution of a person by depriving him or her of the fundamental rights because this person belongs to a particular group or community, orders the arrest, detention or kidnapping of some persons in the name of and with the permission, support or approval of a state or political organization and subsequently does not admit that these persons have been deprived of their liberty or withholds information about the fate of such persons or the place where they are kept, or orders within an institutionalized regime of systematic oppression and domination of one racial group over another racial group or groups that an inhumane act described in this Article be committed or an act similar to any of these offenses so as to maintain such a regime (the crime of apartheid), or whoever commits any of the foregoing offenses shall be punished by imprisonment for not less than five years or by a long-term inprisonment.

CROATIA CRIMINAL CODE

SPECIAL PART

CHAPTER THIRTEEN (xiii) - CRIMINAL OFFENSES AGAINST VALUES PROTECTED BY INTERNATIONAL LAW

Article 158

The same punishment as referred to in paragraph 1 of this Article shall be imposed on whoever violates the rules of international law in time of war, armed conflict or occupation by ordering an attack against objects protected by international law, against works or powerful installations such as dams, dykes and nuclear power plants, indiscriminate attacks against civilian objects protected by international law, against undefended places and demilitarized zones or orders an attack which results in an extensive and long-lasting damage to the environment and may impair the population’s health or survival, or whoever commits any of the foregoing acts.

CROATIA CRIMINAL CODE

SPECIAL PART

CHAPTER THIRTEEN (xiii) - CRIMINAL OFFENSES AGAINST VALUES PROTECTED BY INTERNATIONAL LAW

Article 158

Whoever, as an occupying power, violates the rules of international law, in time of war, armed conflict or occupation, orders or carries out the resettlement of parts of the civilian population of the occupying power to an occupied territory shall be punished by imprisonment for not less than five years.

CROATIA CRIMINAL CODE

SPECIAL PART

CHAPTER THIRTEEN (xiii) - CRIMINAL OFFENSES AGAINST VALUES PROTECTED BY INTERNATIONAL LAW

Article 159

Article 159

Whoever, in violation of the rules of international law, in time of war or armed conflict, orders the killing, torturing or inhuman treatment of the wounded, sick, shipwrecked persons or of medical or religious personnel, orders that they be subjected to biological and other scientific experiments, their tissues or organs taken for transplantation, orders civilians to be subjected to great suffering, impairing the integrity of their bodies or health or orders an illegal and wanton, large-scale destruction or appropriation of materials, medical vehicles or supplies of medical institutions or units when there is no justification by military needs or whoever commits any of the foregoing acts shall be punished by imprisonment for not less than five years or by long-term imprisonment.

CROATIA CRIMINAL CODE

SPECIAL PART

CHAPTER THIRTEEN (xiii) - CRIMINAL OFFENSES AGAINST VALUES PROTECTED BY INTERNATIONAL LAW

Article 160

Whoever, in violation of the rules of international law, orders the killing, torturing or inhuman treatment of prisoners of war and their subjection to biological, medical or other scientific experiments, their tissues or organs taken for transplantation, orders prisoners of war to be subjected to great suffering, impairing the integrity of their bodies and health, or whoever compels prisoners of war to serve in hostile armed forces or deprives them of their right to a fair and unbiased trial, or whoever commits any of the foregoing acts shall be punished by imprisonment for not less than five years or by long-term imprisonment.

CROATIA CRIMINAL CODE

SPECIAL PART

CHAPTER THIRTEEN (xiii) - CRIMINAL OFFENSES AGAINST VALUES PROTECTED BY INTERNATIONAL LAW

Article 161

(1) Whoever, in violation of the rules of international law, in time of war or armed conflict, kills or wounds an enemy who has laid down arms, or has surrendered at discretion, or has no longer any means of defense, shall be punished by imprisonment for not less than three years.

(2) If the killing referred to in paragraph 1 of this Article is committed in a particularly cruel or treacherous way, from greed or other base motives, or if several persons are killed, the perpetrator shall be punished by imprisonment for not less than ten years or by long-term imprisonment.

(3) Whoever, in violation of the rules of international law, in time of war or armed conflict, orders that in a battle there shall be no surviving members of the enemy or who engages in a battle against the enemy with the same objective shall be punished by imprisonment for not less than five years or by long-term imprisonment.

CROATIA CRIMINAL CODE

SPECIAL PART

CHAPTER THIRTEEN (xiii) - CRIMINAL OFFENSES AGAINST VALUES PROTECTED BY INTERNATIONAL LAW

Article 162

(1) Whoever orders the unlawful taking of the personal belongings of those killed or wounded on the battlefield or whoever takes such belongings shall be punished by imprisonment for one to five years.

CROATIA CRIMINAL CODE

SPECIAL PART

CHAPTER THIRTEEN (xiii) - CRIMINAL OFFENSES AGAINST VALUES PROTECTED BY INTERNATIONAL LAW

Article 162

(1) Whoever orders the unlawful taking of the personal belongings of those killed or wounded on the battlefield or whoever takes such belongings shall be punished by imprisonment for one to five years.

(2) If the criminal offense referred to in paragraph 1 of this Article is committed in a cruel way, the perpetrator shall be punished by imprisonment for one to ten years.

CROATIA CRIMINAL CODE

SPECIAL PART

CHAPTER THIRTEEN (xiii) - CRIMINAL OFFENSES AGAINST VALUES PROTECTED BY INTERNATIONAL LAW

Article 163

(1) Whoever makes or improves, produces, stores, offers for sale or buys, or intermediates in a purchase or sale, possesses, transfers, or transports chemical or biological weapons, or some other means of combat prohibited by the rules of international law, shall be punished by imprisonment for three months to three years.

(2) Whoever, at a time of war or armed conflict, orders the use of chemical or biological weapons, or the means or methods of combat prohibited by the rules of international law, or whoever uses such weapons, means or methods, shall be punished by imprisonment for not less than one year.

(3) If, by the criminal offense referred to in paragraph 1 of this Article, the death of several persons is caused, the perpetrator shall be punished by imprisonment for not less than five years or by long term imprisonment.

CROATIA CRIMINAL CODE

SPECIAL PART

CHAPTER THIRTEEN (xiii) - CRIMINAL OFFENSES AGAINST VALUES PROTECTED BY INTERNATIONAL LAW

Article 166

Whoever, in violation of the rules of international law, after the termination of a war or armed conflict, orders or imposes an unjustifiable delay in the repatriation of prisoners of war or civilians shall be punished by imprisonment for six months to five years.

Article 25
Individual criminal responsibility
3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:
(b) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted