CROATIA CRIMINAL CODE

GENERAL PART

CHAPTER FIVE (v) - PUNISHMENT AND SENTENCING

Article 53

(1) Imprisonment may not be shorter than thirty days or longer than twenty years.

CROATIA CRIMINAL CODE

SPECIAL PART

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

Article 157

(1) Whoever, regardless of whether a war has previously been declared or not, wages a war of aggression by commanding an armed action of one state against the sovereignty, territorial integrity or political independence of another state, so that such an action is performed by invasion or by an armed attack on its territory, aircraft or ships, or by the blockading of ports or shores or by the military occupation of the territory, or in some other way which denotes the forcible establishment of rule over such a state, shall be punished by imprisonment for not less than ten years or by long¬term imprisonment.

(2) The same punishment as referred to in paragraph 1 of this Article shall be inflicted on whoever, for the purpose of waging a war of aggression of one state against another, commands or enables the sending of armed mercenary groups or other paramilitary armed forces into a state, so that these forces achieve the aims of a war of aggression.

(3) The same punishment as referred to in paragraph 1 of this Article shall be inflicted on whoever acts according to a command for action from armed forces or para-military armed forces for the purpose of waging a war of aggression.

(4) Whoever calls or instigates a war of aggression 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 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.

CROATIA CRIMINAL CODE

SPECIAL PART

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

Article 167a

(1) A military commander or another person acting in effect as a military commander or as a civilian in superior command or any other person who in a civil organization has the effective power of command or supervision shall be punished for the criminal offenses referred to in Articles 156 through 167 of this Code if he knew that his subordinates had committed these criminal offenses or were about to commit them and failed to take all reasonable measures to prevent them. The application of this Article excludes the application of the provision contained in paragraph 3, Article 25 of this Code.

(2) The persons referred to in paragraph 1 of this Article who had to know that their subordinates were about to commit one or more criminal offenses referred to in Articles 156 through 167 of this Code and failed to exercise the necessary supervision and to take all reasonable measures to prevent the perpetration of these criminal offenses shall be punished by imprisonment for one to eight years.

(3) The persons referred to in paragraph 1 of this Article who do not refer the matter to competent authorities for investigation and prosecution against the perpetrators 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 168

(1) Whoever misuses or carries without authorization the flag or emblem of the United Nations or the International Red Cross or any of their symbols or other recognized international signs used to mark objects for the purpose of protection against military operations shall be punished by imprisonment for three months to three years.

(2) Whoever commits the criminal offense referred to in paragraph 1 of this Article in an area of military operations shall be punished by imprisonment for six months to five years.

CROATIA CRIMINAL CODE

SPECIAL PART

CHAPTER TWENTY-TWO (xxii)CRIMINAL OFFENSES AGAINST THE JUDICIARY

Article 303

(1) A witness, expert-witness, translator or interpreter who, in proceedings before the court, administrative proceedings, proceedings before a notary public or disciplinary proceedings, makes a false statement, finding or opinion, or if he translates something falsely shall be punished by imprisonment for six months to five years.

(2) The punishment as referred to in paragraph 1 of this Article shall be inflicted on a party in proceedings who makes a false statement if the final decision in these proceedings is based on such a
statement.

(3) If the criminal offense referred to in paragraph 1 of this Article results in the criminal conviction of an innocent accused or in some other serious consequences for the accused in criminal proceedings, the perpetrator shall be punished by imprisonment for one to ten years.

(4) If, prior to the final decision, the perpetrator of the criminal offense referred to in paragraph 1 of this Article voluntarily withdraws his false statement, the court may remit the punishment.

CROATIA CRIMINAL CODE

SPECIAL PART

CHAPTER TWENTY-TWO (xxii)CRIMINAL OFFENSES AGAINST THE JUDICIARY

Article 304

(1) Whoever uses force, threat or any other kind of coercion with an aim to make, to prevent or to make it more difficult for a witness or an expert witness to give testimony in court proceedings, administrative proceedings, proceedings before a notary public or disciplinary proceedings, or promises, offers or gives them a gift or any other gain shall be punished by imprisonment for one to eight years.

(1) Whoever, in proceedings before the court, International Criminal Tribunal, in administrative proceedings, proceedings before a notary public or disciplinary proceedings, uses force, threat or any other kind of coercion, or promises, offers or gives a gift or any other benefit to a witness or expert witness, with an aim to induce the giving of false testimony or to prevent or hamper the presentation of evidence,

shall be punished by imprisonment for six months to five years.


(2) Whoever, with an aim to prevent or considerably hamper the presentation of evidence in proceedings before the court, administrative proceedings, proceedings before a notary public or disciplinary proceedings, conceals, damages or destroys the object or document of another serving as evidence, forges evidence in proceedings before the court, or whoever submits such a evidence knowing it to be a forgery, shall be punished by a fine or by imprisonment not exceeding one year.

(3) The punishment referred to in paragraph 2 of this Article shall be inflicted on whoever, with an aim to prevent or considerably hamper the presentation of evidence in proceedings before the court or in administrative proceedings, removes, destroys, relocates or shifts a boundary stone, geodetic mark, or in general any other mark intended to indicate ownership or some other real property right, or a water right, or whoever, with the same aim, falsely installs such a mark.

CROATIA CRIMINAL CODE

SPECIAL PART

CHAPTER TWENTY-TWO (xxii)CRIMINAL OFFENSES AGAINST THE JUDICIARY

Article 309

(1) Whoever makes demands on a judge, State Attorney, notary public, Public Defense Attorney (deleted, OG 105/2004) by force, threat or another form of coercion to undertake actions or pass a decision, within or outside the framework of his authority, or whoever mediates in such acts or demands, if by so acting some other criminal offense for which a more severe punishment is prescribed is not committed, shall be punished by imprisonment for one to five years.

(2) Whoever obstructs the work of the persons referred to in paragraph 1 of this Article by insulting them grossly or disparaging them shall be punished by a fine or by imprisonment not exceeding three years.

(3) Whoever, during proceedings before a court, but prior to the rendering of the final judgment systematically expounds his opinion in the public media, at a public rally or in front of a body of persons on how the official engaged in the administration of justice should act in a particular case or which decisions he should pronounce shall be punished by a fine or by imprisonment not exceeding one year.