Part Fourteenth

Crime against the Mankind

Chapter XLVII
Crime against the Peace, Security and International Humanitarian Law


Article 404. Preparation and waging of an aggressive war

1. Planning or preparing of an aggressive war, shall be punishable by deprivation of liberty for the period from seven to fifteen years.

2. Unleashing or waging of the aggressive war, shall be punishable by deprivation of liberty for the period from fifteen to twenty years or by life imprisonment. (28.04.2006. No.2937)


Article 405. Calling for unleashing an aggressive war

1. Calling the country for unleashing an aggressive war, is punishable by fine or deprivation of liberty for the period from two to five years, deprivation of right to hold of post or engage in a particular activity for the term not in excess of three years.

GENERAL PART

SECTION THREE. PUNISHMENT

CHAPTER X. PURPOSES AND TYPES OF PUNISHMENT

Article 50. Imprisonment for Specific Term
1. Imprisonment for a specific term shall mean the isolation of the convict from the society and placement into the penitentiary institution prescribed under this Code.
2. Imprisonment for a specific term shall be awarded for the term extending from six to twenty years.
3. In case of converting corrective labour or restriction of freedom into imprisonment for a specific term, it may be awarded for the term non-exceeding six months.
4. In case of summing up sentences according to the accumulation of crimes the maximum term of imprisonment shall not be in excess of twenty-five years and in case of summing up sentences according to the accumulation of convictions - thirty years

PRIVATE PART

SECTION TWELVE. CRIME AGAINST JUDICIAL AUTHORITY

CHAPTER XLI. CRIME AGAINST THE ACTIVITIES OF JUDICIAL BODIES

Article 366. Contempt of Court
1. Contempt of court involving insult to a participant of the process,-
shall be punishable by fine or by socially useful labour from one hundred and eighty to two hundred and forty hours in length or by jail term from two to four months.
2. The same action involving insult to a member of the of the Constitutional Court, judge or jury,-shall be punishable by fine or by corrective labour from one to two years in length or by jail term from three to six months.

PRIVATE PART

SECTION TWELVE CRIME AGAINST JUDICIAL AUTHORITY

CHAPTER XLII. CRIME AGAINST PROCEDURE FOR EVIDENCE COLLECTION

Article 368. Destruction of Evidence
1. Destruction of evidence by a participant of justice administration,.-
shall be punishable by fine or by restriction of freedom for up to two years in length, by deprivation of the
right to occupy a position or pursue a particular activity for the term not in excess of three years.

Article 369. Fabrication of Evidences
1. Fabrication of evidence by a participant of a civil case or his/her representative,-
shall be punishable by fine or by corrective labour from one to two years in length or by jail term extending from two to four months.
2. Fabrication of the evidence related to the legal case by the prosecutor, investigator, inquirer or attorney,-
shall be punishable by imprisonment for up to three years in length, by deprivation of the right to occupy a position or pursue a particular activity for the term not in excess of three years.
3. Fabrication of the evidence related to the legal case that through negligence has given rise to any grave consequence,-
shall be punishable by prison sentences ranging from three to seven years in length, by deprivation of the right to occupy a position or pursue a particular activity for the term not in excess of three years.

Article 370. False Evidence, False Opinion or Incorrect Translation
1. Giving false evidence by the witness or victim or submitting false opinion or evidence by the expert or intentionally incorrect interpretation by the interpreter in the course of investigation or in court, - shall be punishable by fine or by socially useful labour from one hundred and eighty to two hundred and forty hours in length, or by corrective labour for up to two years in length or by jail term up to three months.
2. The same action involving charges of a grave or especially grave offence,-
shall be punishable by fine or by imprisonment for up to five years in length.
Note: The witness, plaintiff, expert or interpreter shall be released from criminal liability, if he/she, in the course of inquiry or preliminary investigation or before delivering a judgment or any other court decision, voluntarily confesses to having given false evidence or false opinion or intentionally incorrect interpretation.

Article 371. Refusal to Give Evidence by Witness or Plaintiff
Refusal to give evidence by the witness or plaintiff,-
shall be punishable by fine or by socially useful labour from one hundred and twenty to one hundred and eighty hours in length or by corrective labour up to one year in length or by jail term up to three months. Note: Criminal liability shall be lifted up from the one who refuses to give evidence against oneself or one’s close relative.

Article 372. Bribing or Compulsion of Witness, Plaintiff, Expert or Interpreter
1. Bribing or compulsion of the witness, plaintiff, expert or interpreter into giving false evidence, false opinion or incorrect interpretation,-
shall be punishable by fine or by socially useful labour from one hundred and eighty to two hundred and forty hours in length or by corrective labour up to two years in length or by jail term up to three months or by imprisonment up to two years in length.
2. Compulsion, of the witness, plaintiff, expert or interpreter into giving false evidence, false opinion or intentionally incorrect interpretation or compulsion to suppress evidence, involving a threat to kill or use violence against such person or his/her close relative, or a threat to damage or destroy property thereof,-shall be punishable by fine or by jail term from three to six months or by imprisonment up to three years in length.
3. The action referred to in Paragraph 1 of this article, perpetrated under violence,-shall bear legal consequences of imprisonment ranging from three to seven years in length.

Article 373. False Reporting
1. False reporting on crime,-
shall be punishable by fine or by socially useful labour from one hundred and eighty to two hundred and forty hours in length or by corrective labour extending from one to two years or by jail term from two to four months or by imprisonment up to two years in length.
2. The same action involving a charge of any grave or especially grave offence, or artificially creating evidence of charge,-
shall be punishable by prison sentences ranging from two to six years in length.

PRIVATE PART

SECTION FOURTEEN CRIME AGAINST HUMANITY

CHAPTER XLVII. CRIME AGAINST HUMANITY, PEACE, SECURITY AND INTERNATIONAL HUMANITARIAN
LAW

Article 407. Genocide
Genocide, i.e. the action perpetrated to carry out an agreed plan for complete or partial razing of any national, ethnic, racial, religious or group united by any other mark, that has been expressed in killing members of such groups, serious health damages, intentionally created hard living conditions, forcible drop in childbearing or forceful transference of a baby from one ethnic group to another -shall be punishable by imprisonment extending from ten to twenty years in length or by life imprisonment.

PRIVATE PART

SECTION FOURTEEN CRIME AGAINST HUMANITY

CHAPTER XLVII. CRIME AGAINST HUMANITY, PEACE, SECURITY AND INTERNATIONAL HUMANITARIAN LAW

Article 408. Humanity Crime
Humanity crime, i.e. any action perpetrated within the frames of large-scale or systematic attack on civilians or persons and expressed in murders, mass killing, deportation of humans or any other inhumane action that inflicts serious damage to the physical or mental condition of a human being - shall be punishable by imprisonment extending from ten to twenty years in length or by life imprisonment.

PRIVATE PART

SECTION FOURTEEN. CRIMES AGAINST HUMANITY

CHAPTER XLVII. CRIME AGAINST HUMANITY, PEACE, SECURITY AND INTERNATIONAL HUMANITARIAN
LAW

Article 411. Deliberate Violation of the Norms of International Humanitarian Law amid Armed Conflict Deliberate violation of the norms of International Humanitarian Law amid any inter-state or internal armed conflict, namely;
a) Attack on civilian population or civilians;
b) indiscriminate attack on civilian population or civil objects when it is known that doing so will invite casualties in the civilian population or will inflict damage to civil objects;
c) attack on the objects or installations of increased danger when it is known that doing so will invite casualties in the civilian population or will inflict damage to civil objects;
d) attack on any unprotected area or demilitarized zone;
e) attach on a person when it is known that this person has discontinued participation in the hostilities;
f) malicious exploitation of the Red Cross or Red Crescent or any other protective sign or signal recognized under the International Humanitarian Law;
g) bringing, by an aggressor state, of its civilian population, into the occupied territory or deportation or any illegal expulsion, within or outside this territory, of the civilian population or civilians of the occupied state;
h) unfounded hindrance to the repatriation of prisoners of war or civilians;
I) apartheid or any other inhumane action based on racial discrimination that is offensive to human dignity; j) attack on any historic monument, piece of art a cult place as on the part of the cultural heritage of peoples - shall be punishable by imprisonment extending from ten to fifteen years in length.
2. Deliberate violation of the International Humanitarian Law amid any international or internal armed conflict, directed against the persons not participating in the hostilities or not having any means of defence as well as the wounded, ill, medical or spiritual personnel, sanitary units, sanitary vehicles, war prisoners, civilians or the foregoing violation, within the occupied territory or the zone of hostilities, directed against the civilian population, the persecuted, appertained within the zone of the hostilities, or other persons enjoying protection amid hostilities, namely:
a) premeditated murder;
b) torture or any other inhumane treatment, including a medical experiment:
c) deliberately inflicting great suffering or serious trauma that poses a threat to a person’s physical or mental condition;
d) coercion of a war prisoner or any other person enjoying protection to serve in the enemy’s armed forces;
e) depriving a war prisoner or any other person enjoying protection of the right to a fair trial;
f) deportation or any other illegal expulsion or arrest of a person enjoying protection;
g) hostage-taking:
h) arbitrary and large-scale distribution or misappropriation of property not due to any military necessity - shall be punishable by imprisonment extending from fifteen to twenty years in length or by life imprisonment.

Article 412. Intentional Violation of the Norms of International Humanitarian Law amid Armed Conflict amid Inter-State and Internal Conflict by Endangering Life or by Mutilation
Exposing a person enjoying protection of the government of the hostile side or the one otherwise deprived of freedom through any medical procedure which are not necessitated by such person’s health condition and which do not conform with internationally recognized medical norms irrespective of such person’s consent, namely:
a) the action giving rise to mutilation;
b) conducting a medical or scientific experiment;
c) removal of the member, part of the member or tissue from a human body in order to carry out a transplantation operation - shall be punishable by imprisonment extending from seven to twelve years in length.

Article 413. Violation of Other Norms of International Humanitarian Law
The action, which bears no signs of the offenses, referred to in Article 411-e or 412-e, namely:
a) marauding, i.e. seizing the objects of a killed or wounded person in times of hostilities as well as the property of civilians abandoned in the zone of hostilities;
b) exploitation of civilians for the protection of the army or objects from military operations;
c) application, in the military operation or armed conflict, of the means, material or weapons of mass destruction banned under international treaties;
d) any other war crime which are provided by the International Criminal Court Statute and which are not punishable under Articles 411-e or 412-e of this Code - shall be punishable by prison sentences ranging from ten to twenty years in length.