'National penalties - life imprisonment' in document 'Slovakia - Criminal Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART ONE
GENERAL PART

CHAPTER TWO
SANCTIONS

Title Two
General Sentencing Guidelines

Section 34
Guidelines for Imposition of Penalties

(8) When the court delivers a life sentence, it may also decide not to grant the possibility of parole to the offender who

a) committed two or more particularly serious felonies,
b) met two or more parallel conditions warranting the application of a higher sentencing rate,
c) committed the criminal offence as a member of a criminal group or a terrorist group, or
d) was already punished for committing the criminal offence referred to in Section 47 paragraph 2.

PART ONE
GENERAL PART

CHAPTER TWO
SANCTIONS

Title Three
Imposition and Execution of Individual Sentences

Section 47
Life Imprisonment

(1) The court may impose a life imprisonment sentence only in respect of a specific criminal offence set out in the Special Section of this Act. The court may impose a life imprisonment sentence only provided that

a) the imposition of this type of punishment is necessary to ensure an effective protection of the society, and
b) the offender may not be expected to become rehabilitated by means of a term of imprisonment of less than twenty-five years.

(2) When sentencing an offender for a completed criminal offence of first degree murder pursuant to Section 144, murder pursuant to Section 145, bodily harm pursuant to Section 155, illicit manufacturing, possession of and trafficking in narcotics, drugs, poisons and precursors pursuant to Section 172 par. 2, 3 or 4, trafficking in human beings pursuant to Section 179, stealing and trading of children pursuant to Section 180 par. 2 or 3 or pursuant to Section 181, taking a hostage pursuant to Section 185, abduction to a foreign country pursuant to Section 187, robbery pursuant to Section 188, extortion pursuant to Section 189 par. 2, 3 or 4, duress pursuant to Section 190 or section 191 par. 2, 3 or 4, rape pursuant to Section 199, sexual violence pursuant to Section 200, sexual abuse pursuant to Section 201 par. 2 or 3, battering a close person and a person entrusted to one's care pursuant to Section 208, endangering the public safety pursuant to Section 284, endangering the safety of an aircraft or a vessel pursuant to Section 291, hijacking an aircraft to a foreign country pursuant to Section 293, establishing, masterminding and supporting a criminal group pursuant to Section 296, establishing, masterminding and supporting a terrorist group pursuant to Section 297, terror pursuant to Section 313 or 314, forcible crossing the state border pursuant to Section 354 par. 2. 3 or 4, facilitating an illegal border crossing pursuant to Section 355 par. 3, 4 or 5, manufacturing of child pornography pursuant to Section 368, genocide pursuant to Section 418, terrorism and some forms of participation on terrorism pursuant to Section 419, or acts against humanity pursuant to Section 425, although he was two times imposed an unconditional sentence of imprisonment for such criminal offences, the court shall impose life imprisonment, if the conditions referred to in paragraph 1 are met, otherwise it shall impose him an imprisonment for 25 years if circumstances of considerable regard do not prevent such sentence. However, the court is not allowed to impose such offender the imprisonment less than 20 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 433
Lawlessness in the Wartime

(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.