GENERAL PART

Chapter Four
PENALTIES

1. Purpose of Punishment, Types of Punishment and Requirements for Imposition thereof

Imprisonment
Article 45

(1) A sentence of imprisonment may not be less than thirty days or more than twenty years.

GENERAL PART

Chapter Four
PENALTIES

1. Purpose of Punishment, Types of Punishment and Requirements for Imposition thereof

Imprisonment
Article 45

(3) A term of imprisonment from thirty to forty years may exceptionally be pronounced for the most serious criminal offences or the most serious forms of criminal offences together with the penalty referred to in para 1 of this Article. This sentence is pronounced in full years.

GENERAL PART

CHAPTER THIRTY
CRIMINAL OFFENCES AGAINST THE JUDICIARY

Perjury
Article 335

(1) A witness, expert witness, translator or interpreter who gives false testimony before a court, in disciplinary, misdemeanour or administrative proceeding or other procedure established by law,
shall be punished by imprisonment up to three years.

(2) The penalty specified in paragraph 1 of this Article shall also be imposed on the party who, during presentation of evidence by testimony of parties in judicial or administrative proceedings, gives a false statement and such statement serves as grounds for disposition in such proceedings.

(3) If perjury is committed in criminal proceedings or under oath, the offender shall be punished by imprisonment of three months to five years.

(4) If the offences specified in paragraph 3 resulted in particularly grave consequences for the accused, the offender shall be punished by imprisonment of one to eight years.

(5) The offender who voluntarily revokes false testimony prior to final disposition may be remitted from punishment.

GENERAL PART

CHAPTER THIRTY
CRIMINAL OFFENCES AGAINST THE JUDICIARY

Subornation of Perjury
Article 336

(1) Whoever gives or makes the promise of a gift or other benefit to a witness or an expert witness or any other party to the proceedings conducted before a court or other state authority or whoever forces or threatens any such person with the intent that such person affect the outcome of the proceedings by giving false testimony or by not giving testimony
shall be punished with imprisonment of six months to five years and a fine.

(2) Whoever with intent to prevent or hinder substantiation conceals, destroys, damages, or makes partially or completely unusable a document or any other item serving as a proofshall be punished with imprisonment of three months to three years and a fine.

(3) The penalty specified in paragraph 2 of this Article shall be also imposed on whoever removes, destroys, damages, moves or relocates a boundary stone, a soil survey sign or any other mark indicating ownership of real property or easement for use of water, or who with same intent falsely places such mark.

If the offence specified in paragraph 2 is committed in criminal proceedings, the offender shall be punished by imprisonment of six months to five years and a fine.

GENERAL PART

CHAPTER THIRTY
CRIMINAL OFFENCES AGAINST THE JUDICIARY

Obstruction of Justice
Article 336b

1) Whoever encourages others to resist or disobey court decisions or otherwise obstructs court proceedingsshall be punished with imprisonment of up to three years and a fine.

(2) Whoever, through offense, force, threat or in another way hinders or prevents a judge, public prosecutor, deputy public prosecutor or defence counsel in discharging their function,
shall be punished with imprisonment from six months to five years and a fine.

(3) If during commission of the offence referred to in paragraph 2 hereof the offender causes light bodily injury to a judge, a public prosecutor or defence counsel, or a deputy public prosecutor or threatens to use a weapon, shall be punished with imprisonment of one year to eight years.

(4) If during commission of the offence referred to in paragraph 2 hereof the offender inflicts grievous bodily harm on a judge, a public prosecutor or defence counsel, or a deputy public prosecutor, shall be punished with imprisonment of two to ten years.

GENERAL PART

CHAPTER THIRTY THREE
OFFENCES AGAINST OFFICIAL DUTY

Bribery
Article 368

(1) Whoever makes or offers a gift or other benefit to an official or another, to within his official competence or in relation to his/her official powers perform an official act that should not be performed or not to perform an official act that should be performed, or who acts as intermediary in such bribing of an official,
shall be punished by imprisonment of six months to five years.

(2) Whoever makes or offers a gift or other benefit to an official or another to, within his official competence or in relation to his/her official powers perform an official act that he is obliged to perform or not to perform an official act that he may not perform or who acts as intermediary in such bribing of an official,
shall be punished by imprisonment up to three years.

(3) Provisions of paragraphs 1 and 2 of this Article shall apply also when a bribe is made or offered to a foreign official.

(4) The offender specified in paragraphs 1, through 3 of this Article who reports the offence before becoming aware that it has been detected, may be remitted from punishment.

(5) Provisions of paragraphs 1, 2 and 4 of this Article shall apply also when a bribe is given or promised to a responsible officer in an enterprise, institution or other entity.

(6) A gift or other benefit seized from the person accepting the bribe may, in case specified under paragraph 4 of this Article, be returned to the persons giving the bribe.

GENERAL PART

CHAPTER THIRTY FOUR
CRIMINAL OFFENCES AGAINST HUMAITY AND OTHER RIGHT GUARANTEED BY INTERNATIONAL LAW

Genocide
Article 370

Whoever with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such, orders killing or causing serious bodily or mental harm to members of the group, or deliberately inflicts on the group conditions of life calculated to bring about its physical destruction in whole or in part, or imposes measures intended to prevent births within the group or forcibly transfers children of the group to another group or who with same intent commits one of the aforementioned acts,
shall be punished by minimum five years imprisonment or thirty to forty years' imprisonment.

GENERAL PART

CHAPTER THIRTY FOUR
CRIMINAL OFFENCES AGAINST HUMAITY AND OTHER RIGHT GUARANTEED BY INTERNATIONAL LAW

Crimes against Humanity
Article 371

Whoever in violation of the rules of international law, as part of a wider and systematic attack against civilian population orders: murder ; inflicts on the group conditions of life calculated to bring about its complete or partial extermination, enslavement, deportation, torture, rape; forcing to prostitution ; forcing pregnancy or sterilisation aimed at changing the ethnic balance of the population ; persecution on political, racial, national, ethical, sexual or other grounds, detention or abduction of persons without disclosing information on such acts in order to deny such person legal protection ; oppression of a racial group or establishing domination or one group over another ; or other similar inhumane acts that intentionally cause serious suffering or serious endangering of health, or whoever commits any of the above-mentioned offences,
shall be punished by imprisonment of minimum five years or imprisonment of thirty to forty years.

GENERAL PART

CHAPTER THIRTY FOUR
CRIMINAL OFFENCES AGAINST HUMAITY AND OTHER RIGHT GUARANTEED BY INTERNATIONAL LAW

War Crimes against Civilian Population
Article 372

(1) Whoever in violation of international law at time of war armed conflict or occupation orders an attack on civilian population, settlement, particular civilians, persons incapacitated for combat or members or facilities of humanitarian organisations or peace mission ; wanton attack without target selection harming civilian population or civilian buildings under special protection of international law ; attack against military targets knowing that such attack would cause collateral damage among civilians or damage to civilian buildings that is obviously disproportionate with the military effect ; ordering against civilian population inflicting of bodily injury, torture, inhumane treatment, biological, medical or other research experiments, or taking of tissue or organs for transplantation or performing other acts causing harm to health or inflicting great suffering or who orders deportation or relocation or forced change of nationality or religion ; forcing to prostitution or rape; applying intimidation and terror measures, taking of hostages, collective punishment, unlawful depriving of freedom and detention ; depriving of the rights to a fair and impartial trial ; proclaiming the rights and acts of enemy nationals prohibited, suspended or non-allowed in court proceedings ; compelling into service of a hostile power or its intelligence or administration services; compelling to military service persons under seventeen years of age ; forced labour ; starving of population; unlawful seizure, appropriation or destruction of property not justified by military necessity ; taking unlawful and disproportionate contributions and requisitions; devaluing of local currency or unlawful issuing of currency, or whoever commits any of the above offences,
shall be punished by imprisonment of minimum five years.

GENERAL PART

CHAPTER THIRTY FOUR
CRIMINAL OFFENCES AGAINST HUMAITY AND OTHER RIGHT GUARANTEED BY INTERNATIONAL LAW

War Crimes against Civilian Population
Article 372

(3) Whoever at time of war, armed conflict or occupation orders murder of civilian population or whoever commits such offence,
shall be punished by imprisonment of minimum ten years or imprisonment of thirty to forty years.

GENERAL PART

CHAPTER THIRTY FOUR
CRIMINAL OFFENCES AGAINST HUMAITY AND OTHER RIGHT GUARANTEED BY INTERNATIONAL LAW

War Crimes against Civilian Population
Article 372

(4) Whoever, in violation of the rules of international law at time of war, armed conflict or occupation, as an occupying power orders or undertakes relocation of part of its civilian population to occupied territories,
shall be punished by imprisonment of minimum five years.

GENERAL PART

CHAPTER THIRTY FOUR
CRIMINAL OFFENCES AGAINST HUMAITY AND OTHER RIGHT GUARANTEED BY INTERNATIONAL LAW

War Crimes Against the Wounded and Sick
Article 373

(1) Whoever in violation of international law at time of war, armed conflict or occupation orders inflicting bodily injuries, torture, inhuman treatment, biological, medical or other research experiment, taking of tissue or body organs for transplantation or other acts causing harm to health or serious suffering against the wounded, sick, shipwrecked or medical staff or religious staff, or orders destroying or appropriation of large extent of materials, medical transportation means and stocks of medical institutions or units that is not justified by military necessity or whoever commits any of the above offences,
shall be punished by imprisonment of minimum five years.

(2) Whoever at time of war, armed conflict or occupation orders murder of civilian population or whoever commits such offences,
shall be punished by imprisonment of minimum ten years or imprisonment of thirty to forty years.

GENERAL PART

CHAPTER THIRTY FOUR
CRIMINAL OFFENCES AGAINST HUMAITY AND OTHER RIGHT GUARANTEED BY INTERNATIONAL LAW

War Crimes against Prisoners of War
Article 374

(1) Whoever in violation of international law orders injury, torture, inhuman treatment, biological, medical or other research experiments, taking of tissues or body organs for transplantation or commission of other acts harmful to health and causing serious suffering against prisoners of war, or compels prisoners of war to service in forces of a hostile power or deprives them of the rights to fair and regular trial ; or whoever commits any of such offences,
shall be punished by imprisonment of minimum five years.

(2) Whoever orders murder of prisoners of war or whoever commits such an offence,
shall be punished by imprisonment of minimum ten years or imprisonment of thirty to forty years.

GENERAL PART

CHAPTER THIRTY FOUR
CRIMINAL OFFENCES AGAINST HUMAITY AND OTHER RIGHT GUARANTEED BY INTERNATIONAL LAW

Organising and Incitement to Genocide and War Crimes
Article 375

(1) Whoever conspires with another to commit any of the crimes specified in Articles 370 through 374 hereof,
shall be punished by imprisonment of three months to three years.

(2) Whoever organises a group to commit the criminal offences specified in Article 1 of this Article,
shall be punished by imprisonment of five to fifteen years.

(3) Whoever organizes an organized crime group for the purpose of committing criminal offences referred to in paragraph 1 hereof
shall be punished with imprisonment of minimum five years.

(4) Whoever becomes member of a group specified in paragraph 2 of this Article,
shall be punished by imprisonment of one to eight years.

(5) Whoever becomes a member of an organized crime group referred to in paragraph 3 hereof
shall be punished with imprisonment of two to ten years.

(6) Punishment may be mitigated for The offender referred to in paragraphs 1, 4, and 5 hereof provided he reveals the conspiracy, a group, or an organized crime group prior to having committed a criminal offence as part of the group or on behalf thereof or for the offender referred to in paragraphs 2 and 3 hereof provided he prevents the commission of criminal offences referred to in paragraph 1 hereof.

(7) Whoever calls for or incites to commission of offences specified in Articles 370
through 374 hereof,
shall be punished by imprisonment of one to ten years.

GENERAL PART

CHAPTER THIRTY FOUR
CRIMINAL OFFENCES AGAINST HUMAITY AND OTHER RIGHT GUARANTEED BY INTERNATIONAL LAW

Employment of Prohibited Means of Warfare
Article 376

(1) Whoever during time of war or armed conflict orders employment of means or methods of warfare that are banned under rules of international law or who uses such means or methods, shall be punished by imprisonment of two to ten years.

(2) If the offence specified in paragraph 1 of this Article results in killing of a number of persons, the offender shall be punished by minimum five years imprisonment or thirty to forty years' imprisonment.

(3) Whoever calls for employment or prepares the use of weapons specified in paragraph 1 of this Article,
shall be punished by imprisonment of six months to five years.

GENERAL PART

CHAPTER THIRTY FOUR
CRIMINAL OFFENCES AGAINST HUMAITY AND OTHER RIGHT GUARANTEED BY INTERNATIONAL LAW

Unlawful Killing and Wounding of Enemy
Article 378

(1) Whoever in violation of international law at time of war or armed conflict kills or wounds an enemy who has laid down his weapons or has surrendered unconditionally or has no means of defence,
shall be punished by imprisonment of one to fifteen years.

(2) If the murder specified in paragraph 1 of this Article is committed in a perfidious
manner or from base motives, the offender shall be punished by imprisonment of minimum ten years.

(3) If the murder specified in paragraph 1 of this Article is committed in a cruel manner or for gain or if several persons have been killed, the offender shall be punished by imprisonment of minimum ten years or imprisonment of thirty to forty years.

(4) The penalty specified in paragraph 3 of this Article shall be imposed also on whoever by violation of rules of international law in times of war or armed conflict orders that no enemy may be taken alive or conducts operations with such aim.

GENERAL PART

CHAPTER THIRTY FOUR
CRIMINAL OFFENCES AGAINST HUMAITY AND OTHER RIGHT GUARANTEED BY INTERNATIONAL LAW

Cruel Treatment of the Wounded, Sick and Prisoners of War
Article 381

Whoever in violation of international law cruelly treats the wounded, sick or prisoners of war or prevents or obstructs exercising of their rights guaranteed by such rules, or whoever orders such acts committed,
shall be punished by imprisonment of six months to five years.

GENERAL PART

CHAPTER THIRTY FOUR
CRIMINAL OFFENCES AGAINST HUMAITY AND OTHER RIGHT GUARANTEED BY INTERNATIONAL LAW

Unjustified Delay of Repatriation of Prisoners of War
Article 382

Whoever in violation of international law delays without justification repatriation of prisoners of war or civilians after the end of war or armed conflict, or orders such delay,
shall be punished by imprisonment of six months to five years.

GENERAL PART

CHAPTER THIRTY FOUR
CRIMINAL OFFENCES AGAINST HUMAITY AND OTHER RIGHT GUARANTEED BY INTERNATIONAL LAW

Destroying Cultural Heritage
Article 383

(1) Whoever in violation of international law in time of war or armed conflict, destroys cultural or historic monuments or other objects of culture or religious facilities or institutions or facilities intended for the arts, sciences, education or humanitarian causes, or orders such acts committed,
shall be punished by imprisonment of three to fifteen years.

(2) If the offence specified in paragraph 1 of this Article results in destruction of a cultural facility or institution enjoying special protection under international law, the offender shall be punished by imprisonment of five to fifteen years.

GENERAL PART

CHAPTER THIRTY FOUR
CRIMINAL OFFENCES AGAINST HUMAITY AND OTHER RIGHT GUARANTEED BY INTERNATIONAL LAW

Abuse of International Signs
Article 385

(1) Whoever abuses or carries without authorisation the flag or sign of the United Nations Organisation or the flag or symbol of the Red Cross Organisation or symbols corresponding thereto or other internationally recognised signs for designating particular facilities for their protection during military operations, or who orders such acts committed,
shall be punished by imprisonment up to three years.

(2) Whoever commits the offence specified in paragraph 1 of this Article within the zone of war operations, shall be punished by imprisonment of six months to five years.