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'National penalties - national proceedings' in document 'Slovakia - Criminal Code'

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More information about the document 'Slovakia - Criminal Code'
The relevant provisions of implementing legislation: [1] [2] [3] [4] [5] [6] [7] [8] [9] [10] [11]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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 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 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.