Part 2
SPECIAL PART

Chapter 8
OFFENCES AGAINST HUMANITY AND INTERNATIONAL SECURITY

Division 2
Offences Against Humanity

§ 89. Crimes against humanity

Systematic or large-scale deprivation or restriction of human rights and freedoms, instigated or directed by a state, organisation or group, or killing, torture, rape, causing health damage, forced displacement, expulsion, subjection to prostitution, unfounded deprivation of liberty, or other abuse of civilians, is punishable by 8 to 20 years’ imprisonment or life imprisonment.

Part 2
SPECIAL PART

Chapter 8
OFFENCES AGAINST HUMANITY AND INTERNATIONAL SECURITY

Division 2
Offences Against Humanity

§ 90. Genocide

A person who, with the intention to destroy, in whole or in part, a national, ethnical, racial or religious group, a group resisting occupation or any other social group, kills or tortures members of the group, causes health damage to members of the group, imposes coercive measures preventing childbirth within the group or forcibly transfers children of the group, or subjects members of such group to living conditions which have caused danger for the total or partial physical destruction of the group, shall be punished by 10 to 20 years’ imprisonment or life imprisonment.

Part 2
SPECIAL PART

Chapter 8
OFFENCES AGAINST HUMANITY AND INTERNATIONAL SECURITY

Division 3
Offences Against Peace

§ 91. Aggression

A person leading or participating in preparations for a war of aggression directed by one state against another state or war violating international agreements or security guarantees provided by the state, or a representative of the state who threatens to start a war of aggression, shall be punished by 3 to 12 years’ imprisonment.

§ 92. Propaganda for war

(1) Any incitement to war or other use of arms in violation of the generally recognised principles of international law is punishable by a pecuniary punishment or up to 3 years’ imprisonment.

(2) the same act, if committed by a legal person, is punishable by a pecuniary punishment.
[ - entry into force 16.07.2006]

§ 93. Manufacture and distribution of prohibited weapons

(1) A person who designs, manufactures, stores, acquires, hands over, sells or provides or offers for use in any other manner a chemical, biological or bacteriological weapon or any other internationally prohibited weapon of mass destruction or other weapon, or essential components thereof, shall be punished by 3 to 12 years’ imprisonment.

(2) The same act, if committed by a legal person, is punishable by a pecuniary punishment or compulsory dissolution.

Part 2
SPECIAL PART

Chapter 8
OFFENCES AGAINST HUMANITY AND INTERNATIONAL SECURITY

Division 4
War Crimes

§ 95. Acts of war against civilian population

A person who attacks civilians in war zones or destroys or renders unusable food or water supplies, sown crops or domestic animals indispensable for the survival of civilian population, or attacks structures or equipment containing dangerous forces, shall be punished by 5 to 15 years’ imprisonment or life imprisonment.

Part 2
SPECIAL PART

Chapter 8
OFFENCES AGAINST HUMANITY AND INTERNATIONAL SECURITY

Division 4
War Crimes

§ 96. Illegal use of means of warfare against civilians

A person who uses means of warfare in a manner not allowing to discriminate between military and civilian objects and thereby causes the death of civilians, health damage to civilians, damage to civilian objects or a danger to the life, health or property of civilians shall be punished by 6 to 15 years’ imprisonment or life imprisonment.

Part 2
SPECIAL PART

Chapter 8
OFFENCES AGAINST HUMANITY AND INTERNATIONAL SECURITY

Division 4
War Crimes

§ 97. Attacks against civilians

A person who kills, tortures, causes health damage to, rapes, compels to serve in the armed forces or participate in military operations of a hostile state, takes hostage, illegally deprives of liberty or deprives of the right to fair trial a civilian in a war zone or in an occupied territory, or displaces residents of an occupying state in an occupied territory, or displaces residents of an occupied territory, shall be punished by 6 to 20 years’ imprisonment.

§ 98. Unlawful treatment of prisoners of war or interned civilians

A person required to take care of prisoners of war or interned civilians who mistreats a prisoner of war or an interned civilian or fails to perform his or her duties and thereby causes the situation of the prisoners of war or interned civilians to deteriorate, but the act does not contain the necessary elements of an offence provided for in § 99 of this Code§ 99 of this Code,
shall be punished by a pecuniary punishment or up to 3 years’ imprisonment.

§ 99. Attacks against prisoners of war or interned civilians

Killing, torturing, inhuman treatment, causing health damage, compelling to serve in armed forces, deprivation of the right to fair trial, unjustified delay in release or repatriation, if committed against a prisoner of war or an interned civilian, is punishable by 6 to 20 years’ imprisonment.

§ 100. Refusal to provide assistance to sick, wounded or shipwrecked persons

Refusal to provide assistance to a sick, wounded or shipwrecked person in a war zone, if such refusal causes the death of or health damage to the person, is punishable by 3 to 12 years’ imprisonment.

§ 101. Attack against combatant hors de combat

A person who kills, causes health damage to or tortures enemy combatants after they have laid down their arms and are placed hors de combat by sickness, wounds or another reason, shall be punished by 6 to 15 years’ imprisonment.

§ 102. Attacks against protected persons

A person who kills, tortures, causes health damage to or takes hostage a member of a medical unit with proper distinguishing marks, or any other person attending to sick or wounded persons, a minister of religion, a representative of an humanitarian organisation performing his or her duties in a war zone, a civil-defence worker, a member of a parliament, or a person accompanying such person, shall be punished by 6 to 15 years’ imprisonment.

§ 103. Use of prohibited weapons

Use of biological, bacteriological or chemical weapons or other weapons of mass destruction, toxic weapons, toxic or asphyxiating gases, booby traps, i.e. explosives disguised as small harmless objects, expanding bullets, weapons injuring by fragments which escape X-rays, or other internationally prohibited weapons, or large-scale use of incendiary weapons under conditions where the military objective cannot be clearly separated from civilian population, civilian objects or the surrounding environment, is punishable by 3 to 12 years’ imprisonment.

§ 104. Environmental damage as method of warfare

A person who knowingly affects the environment as a method of warfare, if major damage is thereby caused to the environment, shall be punished by a pecuniary punishment or up to 5 years’ imprisonment.

§ 105. Exploitative abuse of emblems and marks designating international protection

Exploitative abuse of an emblem or name of the red cross, red crescent or red lion and Sun or red crystal, or of a distinctive mark of a structure containing a camp of prisoners of war, a cultural monument, civil defence object or dangerous forces, or of the flag of truce, is punishable by a pecuniary punishment or up to 3 years’ imprisonment.
[ - entry into force 27.12.2008]

§ 106. Attacks against non-military objects

An attack against an object not used for military purposes, a demilitarised zone, hospital zone, medical institution or unit, a camp of prisoners of war or an internment camp, a settlement or structure without military protection, a neutral cargo vessel, aircraft or hospital ship or aircraft, or any other means of transport used for transportation of non-combatants, is punishable by a pecuniary punishment or up to 5 years’ imprisonment.

§ 107. Attacks against cultural property

Destruction, damaging or illegal appropriation of a cultural monument, church or other structure or object of religious significance, a work of art or science, an archive of cultural value, a library, museum or scientific collection not used for military purposes is punishable by a pecuniary punishment or by 1 to 5 years’ imprisonment.

§ 108. Destruction or illegal appropriation of property in war zone or occupied territory

A person belonging to the armed forces or participating in acts of war who destroys or illegally appropriates property on a large scale in a war zone or an occupied territory, whereas such act is not required by military necessity and lacks the necessary elements of an offence provided for in § 95, 106 or 107 of this Code§ 95, 106 or 107 of this Code,
shall be punished by a pecuniary punishment or up to 5 years’ imprisonment.

§ 109. Marauding

A person who, with the intention of illegal appropriation, removes an object adjacent to a person who has died or sustained wounds on the battlefield, shall be punished by 1 to 5 years’ imprisonment.

Part 2
SPECIAL PART

Chapter 18
OFFENCES AGAINST ADMINISTRATION OF JUSTICE

Division 1
Obstruction of Administration of Justice

§ 302. Causing serious health damage to judges, lay judges, preliminary investigators, prosecutors, criminal defence counsels, representatives of victims, or their close persons

(1) Causing serious damage to the health of a judge, lay judge, preliminary investigator, prosecutor, criminal defence counsel, representative of a victim, or a person close to such person, with the intention to compel the judge, lay judge, preliminary investigator, prosecutor, criminal defence counsel or representative of the victim to act contrary to the interests of administration of justice, or in revenge for the performance of duties by such person,
is punishable by 4 to 12 years’ imprisonment.

(2) The same act, if the death of a person specified in subsection (1) of this section is thereby caused,
is punishable by 6 to 20 years’ imprisonment.
[ - entry into force 01.09.2002]

§ 303. Violence against judges, lay judges, preliminary investigators, prosecutors, criminal defence counsels, representatives of victims, or their close persons

Use of violence against a judge, lay judge, preliminary investigator, prosecutor, criminal defence counsel, representative of a victim, or a person close to such person, or influencing a judge, lay judge, preliminary investigator, prosecutor, criminal defence counsel or representative of a victim in any other manner, with the intention to compel him or her to act contrary to the interests of administration of justice, or in revenge for the performance of duties by such person,
is punishable by a pecuniary punishment or by 1 to 5 years’ imprisonment.
[ - entry into force 01.09.2002]

Part 2
SPECIAL PART

Chapter 18
OFFENCES AGAINST ADMINISTRATION OF JUSTICE

Division 2
Offences against Person’s Rights in Pre-trial, Extra-Judicial or Court Proceedings

§ 317. Obstruction of appearance of party to proceedings, witness, victim, expert, translator or interpreter

Preventing a party to a proceeding, a witness, expert, translator or interpreter from appearing at a pre-trial proceeding or court proceeding
is punishable by a pecuniary punishment or up to one year of imprisonment.

Part 2
SPECIAL PART

Chapter 18
OFFENCES AGAINST ADMINISTRATION OF JUSTICE

Division 2
Offences against Person’s Rights in Pre-trial, Extra-Judicial or Court Proceedings

§ 320. False testimony and perjury

(1) A victim or witness who gives knowingly false testimony in a criminal or misdemeanour proceeding or civil or administrative court proceeding, or a party to a proceeding who gives knowingly false statements under oath or provides a knowingly incorrect inventory of assets or calculation of income or expenditure under oath
shall be punished by a pecuniary punishment or up to 3 years’ imprisonment.
[ - entry into force 01.09.2011]

(2) The same act, if it involves fraudulent creation of evidence,
is punishable by a pecuniary punishment or up to 5 years’ imprisonment.

Part 2
SPECIAL PART

Chapter 18
OFFENCES AGAINST ADMINISTRATION OF JUSTICE

Division 2
Offences against Person’s Rights in Pre-trial, Extra-Judicial or Court Proceedings

§ 322. Coercion into giving false testimony, rendering false expert opinion or provision of false translation or interpretation

Coercion into giving false testimony, rendering false expert opinion or provision of false translation or interpretation, if committed by using violence,
is punishable by a pecuniary punishment or up to 4 years’ imprisonment.

§ 323. Use of violence against suspect, accused, accused at trial, acquitted person, convicted offender, witness, expert, translator, interpreter or victim

Use of violence against a suspect, the accused, the accused at trial, an acquitted person, a convicted offender, a witness, expert, translator, interpreter or victim in order to prevent him or her from performing his or her duties or exercising his or her rights in criminal procedure, or to take revenge for his or her lawful activities in criminal procedure,
is punishable by a pecuniary punishment or up to 5 years’ imprisonment.