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 51. Life Imprisonment
1. Life imprisonment may be awarded only in case of especially grave crime.
2. Life imprisonment shall in no way be awarded against those who have not reached eighteen years by the moment of committing a crime or who have reached sixty years by the moment of delivering the sentence.

GENERAL PART

SECTION FOUR. RELEASE FROM CRIMINAL LIABILITY AND SENTENCE

CHAPTER XIV. RELEASE FROM PUNISHMENT

Article 72. Parole

7. The convict may be released from life imprisonment if he/she actually served twenty-five years of imprisonment and if the court holds that it is no longer necessary for the convict to continue serving the sentence.

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 CRIME 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

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.