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PART ONE
GENERAL PART
CHAPTER TWO
SANCTIONS
Title Three
Imposition and Execution of Individual Sentences
Section 46
Imprisonment Sentence
Imprisonment sentence may be imposed as a punishment for a definite period of time of not more than twenty-five years or life imprisonment.
PART TWO
SPECIAL PART
CHAPTER EIGHT
CRIMINAL OFFENCES AGAINST PUBLIC ORDER
Title Three
Corruption
Passive Bribery
Section 328
(1) Any person who, either directly or through an intermediary, receives, requests or accepts the promise of a bribe for himself or another for acting or refraining from acting, and thus breaches his duties resulting from his employment, occupation, position or function, shall be liable to a term of imprisonment of two to five years.
(2) The offender shall be liable to a term of imprisonment of three to eight years if he commits the offence referred to in paragraph 1 acting in a more serious manner.
(3) The offender shall be liable to a term of imprisonment of seven to twelve years if he commits the offence referred to in paragraph 1 on an extensive scale.
Section 329
(1) Any person who, in connection with the procurement of a thing of general interest, receives, requests or accepts the promise of a bribe for himself or another, either directly or through an intermediary, shall be liable to a term of imprisonment of three to eight years.
(2) The offender shall be liable to a term of imprisonment of five to twelve years if he commits the offence referred in paragraph 1 in the capacity of a public official.
(3) The offender shall be liable to a term of imprisonment of ten to fifteen years if he commits the offence referred to in paragraphs 1 or 2 on an extensive scale.
Section 330
(1) Any person who as a foreign public official receives, requests or accepts the promise of a bribe for himself or another in connection with his official duties, either directly or through an intermediary, with the intention of obtaining or maintaining an undue advantage in an international business transaction, shall be liable to a term of imprisonment of five to twelve years.
(2) The offender shall be liable to a term of imprisonment of ten to fifteen years if he commits the offence referred to in paragraph 1 on an extensive scale.
Section 331
(1) Any person who as a member of a foreign parliamentary assembly, judge or official of an international judicial institution recognised by the Slovak Republic, or a representative or employee of an international, supranational, intergovernmental organisation or institution with which the Slovak Republic has a contractual relationship, or as a person in a similar position receives, requests or accepts the promise of a bribe for himself or another in connection with the performance of his function, either directly or through an intermediary, shall be liable to a term of imprisonment of five to twelve years.
(2) The offender shall be liable to a term of imprisonment of ten to fifteen years if he commits the offence referred to in paragraph 1 on an extensive scale.
PART TWO
SPECIAL PART
CHAPTER EIGHT
CRIMINAL OFFENCES AGAINST PUBLIC ORDER
Title Three
Corruption
Active Bribery
Section 332
(1) Any person who, either directly or through an intermediary, promises, offers or gives a bribe to another person to make that person act or refrain from acting, and thus breaches his duties resulting from his employment, profession, position or function, promises, offers or gives a bribe for the same reason to a third party, either directly or through an intermediary, shall be liable to a term of imprisonment of up to three years.
(2) The offender shall be liable to a term of imprisonment of one to five years if he commits the offence referred to in paragraph 1 acting in a more serious manner.
(3) The offender shall be liable to a term of imprisonment of four to ten years if he commits the offence referred to in paragraph 1 on an extensive scale.
Section 333
(1) Any person who, in connection with the procurement of a thing of general interest, gives, offers or promises a bribe to another person, either directly or through an intermediary, or gives, offers or promises a bribe for the same reason to a third party, shall be liable to a term of imprisonment of between six months to three years.
(2) The offender shall be liable to a term of imprisonment of two to five years if he commits the offence referred to in paragraph 1,
a) acting in a more serious manner, or
b) against a public official.
(3) The offender shall be liable to a term of imprisonment of five to twelve years if he commits the offence referred to in paragraph 1 on an extensive scale.
Section 334
(1) Any person who, either directly or through an intermediary, gives, offers or promises a bribe to a foreign public official or to another person, in connection with the official duties of the foreign public official, with the intention of obtaining or maintaining an undue advantage in an international business transaction, shall be liable to a term of imprisonment of two to five years.
(2) The offender shall be liable to a term of imprisonment of five to twelve years if he commits the offence referred to in paragraph 1 on an extensive scale.
Section 335
(1) Any person who, either directly or through an intermediary, gives, offers or promises a bribe to a member of a foreign parliamentary assembly, judge or official of an international judicial institution recognised by the Slovak Republic, or a representative or employee of an international, supranational, intergovernmental organisation or institution with which the Slovak Republic has a contractual relationship, or to a person in a similar position in connection with the performance of his function, or gives, offers or promises a bribe for the same reason to a third party, shall be liable to a term of imprisonment of two to five years.
(2) The offender shall be liable to a term of imprisonment of five to twelve years if he commits the offence referred to in paragraph 1 on an extensive scale.
PART TWO
SPECIAL PART
CHAPTER EIGHT
CRIMINAL OFFENCES AGAINST PUBLIC ORDER
Title Four
Certain Forms of Criminal Involvement
Section 339
Aiding and Abetting
(1) Any person who provides assistance to the offender of a crime with the intention of helping him evade the criminal prosecution, imposition or execution of a sentence or protective measure shall be liable to a term of imprisonment of up to three years; if, however, such assistance is provided to the offender who has committed a criminal offence carrying a lesser sentence under this Act, such lesser sentence shall be imposed.
(2) No person who commits the offence referred to in paragraph 1 for the benefit of a close person shall be held criminally liable unless he does so with the intention to
a) assist a person who committed the criminal offence of high treason pursuant to Section 311, plotting against the Slovak Republic pursuant to Section 312, terror pursuant to Sections 313 and 314, distructive actions pursuant to Sections 315 and 316, sabotage pursuant to Section 317, espionage pursuant to Section 318 or genocide pursuant to Section 418, or
b) obtain property benefit for himself or another.
(3) No person who commits the offence referred to in paragraph 1 shall be held criminally liable if he was forced to provide such assistance and could not refuse it without putting himself or a close person at the risk of death, bodily harm or other serious harm.
PART TWO
SPECIAL PART
CHAPTER EIGHT
CRIMINAL OFFENCES AGAINST PUBLIC ORDER
Title Five
Other Forms of Interfering with the Activities by Public Authorities
Section 342
Interfering with Judicial Independence
(1) Any person who exerts an influence on a judge with the aim of making him breach his duty in judicial proceedings, or who performs an action with the intention of obstructing the rights of the parties to the proceedings or of the accused to have a lawful judge, shall be liable to a term of imprisonment of one to six years.
(2) The offender shall be liable to a term of imprisonment of two to eight years if he commits the offence referred to in paragraph 1
a) by reason of specific motivation,
b) with the intention of preventing or obstructing the exercise of fundamental rights and freedoms by another, or
c) by publicly slandering a judge for his decision in a particular case.
(3) The offender shall be liable to a term of imprisonment of three to ten years if he commits the offence referred to in paragraph 1 with the intention of obtaining substantial benefit for himself or another, or causes substantial damage or other particularly serious consequence.
PART TWO
SPECIAL PART
CHAPTER EIGHT
CRIMINAL OFFENCES AGAINST PUBLIC ORDER
Title Five
Other Forms of Interfering with the Activities by Public Authorities
Section 343
Contempt of Court
Any person who, in spite of previous admonishment, repeatedly
a) seriously disturbs a court hearing,
b) displays disrespectful or contemptuous behaviour during the hearing, or
c) does not comply with an order or summons of the court without a justified excuse,
shall be li ble to a term of imprisonment of up to two years.
PART TWO
SPECIAL PART
CHAPTER EIGHT
CRIMINAL OFFENCES AGAINST PUBLIC ORDER
Title Five
Other Forms of Interfering with the Activities by Public Authorities
Section 344
Obstruction of Justice
(1) Any person who, in proceedings before the court or in criminal proceedings,
a) presents as genuine the evidence of which he knows that it is false or altered,
b) falsifies, alters or obstructs the evidence or prevents the taking of evidence,
c) obstructs or prevents the presence or the testimony of a party to the criminal proceedings, party to the proceedings before the court, witness, expert, interpreter or translator, or
d) uses violence, threat of violence or threat of other grievous harm, or who promises, offers or provides undue advantage with the aim of exerting influence on a party to the criminal proceedings, party to the proceedings before the court, witness, expert, interpreter, translator, or a body involved in criminal proceedings, shall be liable to a term of imprisonment of one to six years.
(2) The offender shall be liable to a term of imprisonment of three to eight years if he commits the offence referred to in paragraph 1
a) with the intention of obtaining substantial benefit for himself or another, or causing substantial damage or other particularly serious consequence,
b) with the intention to prevent or obstruct the exercise of fundamental rights and freedoms by another, or
c) by reason of specific motivation.
PART TWO
SPECIAL PART
CHAPTER EIGHT
CRIMINAL OFFENCES AGAINST PUBLIC ORDER
Title Five
Other Forms of Interfering with the Activities by Public Authorities
Section 346
False Testimony and Perjury
(1) Any person who, in proceedings before the court or in criminal proceedings or for the
purposes of criminal proceedings abroad, in the capacity of a witness before a prosecutor or police body or before a judge of an international body recognized by the Slovak Republic, gives a false statement concerning a fact which is of material relevance for the decision, or withholds the information concerning such fact, shall be liable to a term of imprisonment of one to five years.
(2) Any person who, in proceedings before the court or for the purposes of criminal proceedings abroad, in the capacity of a witness giving testimony under oath, gives a false statement concerning a fact which is of material relevance for the decision, or withholds the information concerning such fact, shall be liable to a term of imprisonment of two to five years.
(3) The offender shall be liable to a term of imprisonment of three to eight years if he commits the offence referred to in paragraphs 1 or 2
a) acting in a more serious manner, or
b) by reason of specific motivation.
(4) The offender shall be liable to a term of imprisonment of four to ten years if he commits the offence referred to in paragraphs 1 or 2, and causes substantial damage or other particularly serious consequence through its commission.
Section 347
False Expert Opinion, Interpreting and Translation
(1) Any person who, acting in the capacity of an expert, interpreter or translator
a) before a court, prosecutor or police body in criminal proceedings, or before a court in civil or execution proceedings, or before an administrative body, or before a court in arbitration proceedings, gives a false statement concerning a fact which is of material relevance for the decision, or who withholds the information about such fact, or
b) in giving expert opinion, or acting as an interpreter or translator on a contractual basis inflicts a small damage to another by giving a false statement concerning a fact, which is of material relevance for the person concerned by expert opinion or interpretation or translation, or is of material relevance for the decision to be taken on the basis of such expert opinion, interpretation or translation, or by withholding the information about such fact,
shall be liable to a term of imprisonment of one to five years.
(2) The offender shall be liable to a term of imprisonment of three to eight years if he commits the offence referred to in paragraph 1
a) acting in a more serious manner, or
b) by reason of specific motivation.
(3) The offender shall be liable to a term of imprisonment of four to ten years if he commits the offence referred to in paragraph 1, and causes substantial damage or other particularly serious consequence through its commission.
Obstructing the Execution of an Official Decision
Section 348
(1) Any person who obstructs or substantially impedes the execution of a decision taken by a court or other public authority, by
a) failing to commence serving a sentence of imprisonment on the date specified by the court without a serious reason,
b) residing, without permission and without a serious reason, in a locality or district from which he has been banned under a prohibition of residence sentence, or by failing to comply with restrictions and obligations imposed on him by the court in connection with the execution of such sentence,
c) residing, without permission and without a serious reason, on the territory of the Slovak Republic despite having been imposed the sentence of expulsion from, or sentence of prohibition of residence on, the territory of the Slovak Republic,
d) carrying out the activities prohibited under the prohibition to undertake certain activities decision issued by a court or other State authority,
e) committing serious misconduct with the aim to frustrate the purpose of protective medical treatment or protective re-education imposed on him by a court or otherwise, in particular by escaping from an institution, or by substantially impeding the execution of such decisions, or
f) committing serious misconduct with the aim to prevent the purpose of remand in custody or sentence, or
g) committing serious or repeated misconduct with the aim to breach an order restraining him from entering shared household issued under separate regulation or on the basis of a preliminary measure taken by a court, or
h) committing serious misconduct whereby he frustrates an execution of imposed protective supervision,
shall be liable to a term of imprisonment of up to two years.
(2) Any person who, in the course of criminal proceedings, frustrates or substantially impedes the execution of a decision made by a court or other public authority by
a) destroying, damaging, rendering unusable, concealing, stealing or removing a thing affected by such decision, or
b) escaping the guards, escaping from the execution of custody or of an imprisonment sentence, or by helping in the escape of another,
shall be liable to a term of imprisonment of one to five years.
PART TWO
SPECIAL PART
CHAPTER TWELVE
CRIMINAL OFFENCES AGAINST PEACE, AGAINST HUMANITY, CRIMINAL OFFENCES OF TERRORISM, EXTREMISM AND WAR CRIMES
Title One
Criminal Offences against Peace and Humanity, Criminal Offences of Terrorism and Extremism
Section 417
Endangering Peace
(1) Any person who endangers peaceful coexistence among nations by any kind of warmongering, propagating war or otherwise supporting war propaganda shall be liable to a term of imprisonment of one to ten years.
(2) The offender shall be liable to a term of imprisonment of ten to twenty-five years or to life imprisonment if he commits the offence referred to in paragraph 1
a) in association with a foreign power or foreign agent,
b) as a member of a dangerous grouping, or
c) under a crisis situation.
PART TWO
SPECIAL PART
CHAPTER TWELVE
CRIMINAL OFFENCES AGAINST PEACE, AGAINST HUMANITY, CRIMINAL OFFENCES OF TERRORISM, EXTREMISM AND WAR CRIMES
Title One
Criminal Offences against Peace and Humanity, Criminal Offences of Terrorism and Extremism
Section 418
Genocide
(1) Any person who, with the intention to destroy, in whole or in part, any national, ethnic, racial or religious group,
a) causes grievous bodily harm or death to a member of such group,
b) imposes a measure intended to prevent births within the group,
c) forcibly transfers children of the group to another group, or
d) deliberately inflicts on the group conditions of life calculated to bring about its physical destruction in whole or in part,
shall be liable to a term of imprisonment of fifteen to twenty years.
(2) The offender shall be liable to a term of imprisonment of twenty to twenty-five years or to life imprisonment if he commits the offence referred to in paragraph in the wartime or during an armed conflict.
(3) The offender shall be liable to life imprisonment if, through the commission of the offence referred to in paragraph 1, he causes death to several persons.
PART TWO
SPECIAL PART
CHAPTER TWELVE
CRIMINAL OFFENCES AGAINST PEACE, AGAINST HUMANITY, CRIMINAL OFFENCES OF TERRORISM, EXTREMISM AND WAR CRIMES
Title Two
War Crimes
Section 426
Using Prohibited Weapons and Unlawful Warfare
(1) Any person who in the wartime orders
a) the use of prohibited means of warfare or of similar material or uses such means or material, or who
b) that prohibited practices be used in the combat or uses such combat practices himself,
shall be liable to a term of imprisonment of four to ten years.
(2) The same sentence as referred to in paragraph 1 shall be imposed on a commander who, in contravention of the provisions of international law concerning the means and methods of warfare, wilfully
a) causes harm to civilian population or to the lives, limbs or property of civilians by a military operation, or wages an attack against them as a reprisal, wages an attack against an undefended site or demilitarised zone,
b) destroys or damages a water dam, nuclear power plant or a similar installation containing dangerous forces, or
c) destroys or damages a facility designated for humanitarian purposes or an internationally recognised cultural or natural monument.
(3) The offender shall be liable to a term of imprisonment of ten to twenty years if, through the commission of the offence referred to in paragraphs 1 or 2, he causes
a) grievous bodily harm or death to several persons,
b) large-scale damage, or
c) other particularly serious consequence.
Section 427
Plundering in the Area War
(1) Any person who, in the war operations area, in the battlefield, in the areas affected by military operations, or on the occupied territory,
a) takes possession of a thing belonging to another, misusing that person's distress,
b) wilfully destroys property belonging to another or takes possession of such property under the pretext of war necessity, or
c) robs the killed or wounded persons,
shall be liable to a term of imprisonment of four to ten years.
(2) The offender shall be liable to a term of imprisonment of seven to twelve years if he commits the offence referred to in paragraph 1 a) using violence, the threat of violence or other serious harm, or
b) against persons or things enjoying special protection under the law or international legal instruments.
(3) The same sentence as referred to in paragraph 2 shall be imposed on the offender if, through the commission of the offence referred to in paragraph 1, he causes
a) grievous bodily harm, or
b) substantial damage.
(4) The offender shall be liable to a term of imprisonment of ten to twenty years if, through the commission of the offence referred to in paragraph 1, he causes
a) death, or
b) large-scale damage.
Section 428
Misuse of Internationally Recognised and National Symbols
(1) Any person who, in the wartime, misuses the designation of the Red Cross or other identification symbols or colours recognised by international law for designating medical facilities, vehicles, persons providing medical assistance or securing evacuation, shall be liable to a term of imprisonment of three to ten years.
(2) The same sentence as referred to in paragraph 1 shall be imposed on any person who, in the wartime, misuses the emblem of the United Nations, national flag, national emblem military emblem, insignias or uniform of a neutral or other state which is not a party to the conflict.
(3) The offender shall be liable to a term of imprisonment of twelve to twenty-five years or to life imprisonment if, through the commission of the offence referred to in paragraphs 1 or 2 that constitutes a means of military deception, he causes
a) death to several persons,
b) large-scale damage, or
c) other particularly serious consequence.
PART TWO
SPECIAL PART
CHAPTER TWELVE
CRIMINAL OFFENCES AGAINST PEACE, AGAINST HUMANITY, CRIMINAL OFFENCES OF TERRORISM, EXTREMISM AND WAR CRIMES
Title Two
War Crimes
Section 431
War Atrocities
(1) Any person who, in the wartime, violates the rules of international law by cruel treatment of helpless civilian population, refugees, wounded persons, members of the armed forces who have laid down their arms or prisoners of war shall be liable to a term of imprisonment of four to ten years.
(2) The same sentence as referred to in paragraph 1 shall be imposed on any person who, in the wartime, violates the rules of international law by
a) failing to take effective measures for the protection of persons who are in need of such help, in particular children, women and wounded or elderly persons, or who prevents such measures from being taken, or
b) impedes or blocks civil protection organisations of the enemy, of a neutral or other state in the fulfilment of their humanitarian tasks.
(3) The offender shall be liable to a term of imprisonment of ten to twenty-five years or to life imprisonment if, through the commission of the offence referred to in paragraphs 1 or 2, he causes grievous bodily harm or death or other particularly serious consequence.
Section 432
Persecution of Civilians
(1) Any person who, in the wartime, performs inhuman acts on the grounds of national, racial or ethnic discrimination, or who terrorises helpless civilian population by violence or the threat of its use, shall be liable to a term of imprisonment of four to ten years.
(2) The same sentence as referred to in paragraph 1 shall be imposed on any person, who, at the time referred to in paragraph 1,
a) destroys or seriously damages the source of elementary necessities of life of the civilian population in an occupied territory or buffer zone, or who wilfully refuses to provide the population with the assistance they need for their survival,
b) delays, without justifiable reasons, the return of the civilian population or prisoners of war,
c) resettles, without justifiable reasons, civilian population of the occupied territory,
d) settles the occupied territory with the population of his own country, or
e) wilfully denies the civilian population or prisoners of war the right to have their criminal offences decided by impartial courts.
(3) The offender shall be liable to a term of imprisonment of ten to twenty-five years or to life imprisonment if, through the commission of the offence referred to in paragraphs 1 or 2, he causes grievous bodily harm or death or other particularly serious consequence.
Section 433
Lawlessness in the Wartime
(1) Any person who commits an act that is deemed to be a war crime under Article 8 of the Rome Statute of the International Criminal Court shall be liable to a term of imprisonment of twelve to twenty-five or to life imprisonment.
(2) The offender shall be liable to life imprisonment if he commits the offence referred to in paragraph 1,
a) and causes grievous bodily harm or death to several persons or other particularly serious consequence through its commission, or
b) in retaliation.
Section 434
Endangering Cultural Values
Any person who, in the wartime,
a) substantially destroys or appropriates objects of cultural value protected under an international agreement,
b) plunders, commits the acts of vandalism or otherwise misuses such object,
c) wages an attack against such object in contravention of an international agreement, or
d) uses an object of cultural value enjoying advanced protection under an international agreement or its immediate vicinity for combat support in contravention of an international agreement,
shall be liable to a term of imprisonment of three to ten years.
Title Three
Common Provisions
Section 435
(1) For the purposes of the application of the provisions of this Chapter a war shall mean
a) an international armed conflict, or
b) a lengthy armed conflict on the territory of the State between the Government authorities and organised armed groups or between such groups fighting against each other, except for internal disorders and tensions, such as rebellions, isolated and sporadic acts of violence or acts of similar nature.
(2) A military commander shall also mean a person effectively acting as a military commander.
(3) A military commander shall be held criminally responsible for crimes referred to in this Chapter even if they were committed by armed forces under his effective command and control, as a result of his failure to exercise control properly over such forces, if he,
a) owing to the circumstances at the time, should have known that forces were committing or about to commit such crimes, and
b) failed to take all necessary and reasonable measures within his power to prevent or repress their commission, or to submit the matter to the competent authorities for investigation and prosecution.
(4) A superior, except for a superior referred to in paragraph 3, shall be held criminally responsible for crimes referred to in this Chapter even if they were committed by subordinates under his effective authority and control, as a result of his failure to exercise control properly over such subordinates, if
a) he either knew, or consciously disregarded information which clearly indicated, that the subordinates were committing or about to commit such crimes,
b) the crimes concerned activities that were within the effective responsibility and control of the superior, and
c) failed to take all necessary and reasonable measures within his power to prevent or repress their commission, or to submit the matter to the competent authorities for investigation and prosecution.