GENERAL PART

3. PUNISHMENTS

3.1. The aim of punishment, the types of punishments and conditions for pronouncing them

Imprisonment

Article 35

(1) Imprisonment may not be shorter than thirty days, or longer than 15 years. For the crimes for which the law prescribes a life imprisonment sentence, a sentence of imprisonment of up to 20 years may be applied.

(2) If a punishment of 15 years of imprisonment is prescribed for a premeditated crime, a punishment of life imprisonment may be prescribed for severe forms of this crime.

(3) The punishment of life imprisonment may not be prescribed as the only main punishment.

(4) The punishment of life imprisonment may not be pronounced for an offender who at the time the crime was committed has not attained the age of 21 years.

SPECIAL PART

31. CRIMES AGAINST THE JUDICIARY

Submitting false evidence

Article 366-a

(1) One that in procedure in front of a court or in administrative procedure will submit evidence for which he/she knows that are false, shall sentenced with imprisonment of one to three years.

(2) The sentence stipulated in paragraph 1 shall be imposed on one that will remove or destroy evidence that are significant for a procedure in front of a court or in administrative procedure.

SPECIAL PART

31. CRIMES AGAINST THE JUDICIARY

Giving a false statement

Article 367

(1) A witness, expert, translator or interpreter who gives a false statement before the court or in an administrative, petty offense or disciplinary procedure, shall be punished with a fine, or with imprisonment of up to three months.

(2) The punishment from item 1 shall apply also to a party which gives a false statement when presenting evidence by interrogation of the parties in a process or administrative procedure, and the decision made in this procedure is based on this statement.

(3) If the false statement from item 1 is given in a criminal proceeding, the offender shall be punished with imprisonment of three months to five years.

(4) If because of the crime from item 3, especially serious consequences were caused for the accused, the offender shall be punished with imprisonment of one to ten years.

(5) If the offender calls off his false statement of own volition, before a decision that has come into effect is passed, he may be acquitted from punishment.

SPECIAL PART

31. CRIMES AGAINST THE JUDICIARY

Preventing the collection of evidence

Article 368

(1) A person who with the intention of preventing or hindering the collection of evidence, hides, destroys, damages or makes useless, partially or completely, another's document or object that is serves as evidence, shall be punished with a fine, or with imprisonment of up to one year.

(2) The punishment from item 1 shall apply also to a person who, with the same intention, removes, destroys, damages, shifts or moves a boundary, land-measurement or other sign, regarding ownership, or some other right based on real estate or the rights for the use of water, or to a person who with the same intention falsely sets up such a sign.

SPECIAL PART

31. CRIMES AGAINST THE JUDICIARY

Illegal influence on witnesses

Article 368-a

(1) One who will influence on some person to appear or not to appear as a witness in a procedure in front of a court or in administrative procedure or is called as a witness to give or not to give statement i certain sense, using threat on the life or the body or on the property in greater scope, offering bribe, disruption or in any other way, shall be sentenced with imprisonment of one to three years.

(2) The sentence stipulated in paragraph 1 shall be also imposed to one that, for revenge for the statement given by the person called as a witness, will revoke some right, mistreat or cause physical injury to the person called as a witness or a person close to him/her.

(3) If especially severe consequences occurred on the defendant in criminal procedure or the witness or a person close to him/her suffered severe physical injury, shall be sentenced with imprisonment of one to ten years.

SPECIAL PART

31. CRIMES AGAINST THE JUDICIARY

Escape of an arrested person

Article 371

A person who escapes from an institution in which he is deprived of freedom by a lawful decision, by using force or a serious threat to directly attack upon the life or body of another, shall be punished with imprisonment of three months to five years.

SPECIAL PART

31. CRIMES AGAINST THE JUDICIARY

Unlawful usurpation of objects during search or in a procedure for execution

Article 374

An official person who, during the search of a home, premises or persons, or in a procedure of execution, unlawfully takes away another's movable object, with the intention of usurpation, shall be punished with imprisonment of one to ten years.

SPECIAL PART

31. CRIMES AGAINST THE JUDICIARY

Coercion against a judiciary employee

Article 375

(1) A person who by force or by serious threat, coerces a judge, a jury-judge, a public prosecutor, a public legal officer, or their deputy, to do, not to do, or to endure something, shall be punished with a fine, or with imprisonment of up to three years.

(2) If during performing of the crime, the persons from paragraph 1, or persons close to them, suffered physical injury, the perpetrator shall be sentenced with imprisonment of one to ten years.

(3) The attempt of the crimes stipulated in the paragraph 1, 2 and 3 is punishable.

SPECIAL PART

33. CRIMES AGAINST THE PUBLIC ORDER

Conspiracy to commit a crime

Article 393

(1) A person who conspires with another to commit a crime, for which a punishment of imprisonment of three years or more may be pronounced, shall be punished with a fine, or with imprisonment of up to one year.

(2) The sentence stipulated in paragraph 1 shall be also imposed to one that will agree to a crime for which imprisonment of four years or more severe sentence is provided.

SPECIAL PART

34. CRIMES AGAINST HUMANITY AND INTERNATIONAL LAW

Misuse of chemical or biological weapons

Article 407-b

(1) One that will produce or improve, purchase, house, sell or buy, or mediate in buying or selling, owns, transfers or transports chemical or biological weapons or any type of war device forbidden by the rules of the international right, shall be sentenced with imprisonment of three months to three years.

(2) One who, during a war or armed conflict, will order use of chemical or biological weapons or any type of war device or will fight in a manner that is forbidden by the rules of the international law, shall be sentenced with imprisonment of at least one year.

(3) If as a result of the crime stipulated in paragraphs 1 and 2, death of larger number of people occurs, the perpetrator shall be sentenced with imprisonment of at least five years or life sentence.

(4) The objects of the paragraphs 1 and 2 and the means for their production shall be confiscated.

SPECIAL PART

34. CRIMES AGAINST HUMANITY AND INTERNATIONAL LAW

Cruel behavior with wounded, ill or with prisoners of war

Article 412

A person who by violating the rules of international law behaves cruelly with the wounded, the ill or with the prisoners of war, or who makes it impossible or who prevents them from using the rights which belong to them according to those rules, shall be punished with imprisonment of six months to five years.

SPECIAL PART

34. CRIMES AGAINST HUMANITY AND INTERNATIONAL LAW

Unjustified delay in repatriation of prisoners of war

Article 413

A person who by violating the rules of international law, after the termination of the war or the armed conflict, orders or executes an unjustified delay in the repatriation of the prisoners of war or of civilians, shall be punished with imprisonment of six months to five years.

SPECIAL PART

34. CRIMES AGAINST HUMANITY AND INTERNATIONAL LAW

Instigation to aggressive war

Article 415

A person who calls out or instigates to aggressive war shall be punished with imprisonment of one to ten years.

SPECIAL PART

34. CRIMES AGAINST HUMANITY AND INTERNATIONAL LAW

Abuse of international signs

Article 416

(1) A person who abuses or without authorization carries the flag or the sign of the Organization of the United Nations, or the signs or flag of the Red Cross, or signs that correspond to them, international telecommunication signs, signs of cultural heritage or other acknowledged international signs with which certain facilities are marked, shall be punished with imprisonment of three months to three years.

(2) The sentence stipulated in paragraph 1 shall be also imposed to one that misusing truth flag, war signs or uniform of the enemy will cause death or severe body injury to some person.

(3) A person, who commits the crime from item 1 and 2 in a zone of military operations, shall be punished with imprisonment of six months to five years.

SPECIAL PART

34. CRIMES AGAINST HUMANITY AND INTERNATIONAL LAW

Organizing group and urging for commitment of genocide and war crimes

Article 416-a

(1) One who will organize a group with an intention to commit crimes stipulated in the articles 403 through 416, shall be sentenced with imprisonment of at least eight years.

(2) One who will become a member of the group stipulated in paragraph 1, shall be sentenced with imprisonment of at least four years.

(3) Member of the group stipulated in the paragraph 2, who will disclose the group before he/she commits crime as its member or in its behalf, shall be pardoned.

(4) One that calls on or urges for commitment of the crimes stipulated in the articles 403 through 416, shall be sentenced with imprisonment of one to ten years.