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CRIMINAL CODE

(amended text)

[1. Criminal Code: The Official Gazette of the Republic of Croatia “Narodne novine”(hereinafter: NN) No. 110 of October 21, 1997 (entered into force on January 1, 1998).

2. Corrections to the Criminal Code: NN 27/98 of February 27, 1998.

3. Amendments and Supplements to the Criminal Code: NN 129/2000 of December 22, 2000.

4. Amendments to the Criminal Code: NN 51/2001 of June 6, 2001.

5. Amendments and Supplements to the Criminal Code: NN 111/2003 of July 15, 2003.]

 

[...]

CHAPTER NINE (ix)

THE MEANING OF THE TERMS USED IN THIS CODE

Article 89

(16)A professional secret is information about the personal or family life of clients, entrusted to attorneys-at-law, defense counsels, notaries public, physicians, dentists, midwives or other health service personnel, psychologists, guardians, religious confessors and other persons when performing their respective professions.

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CHAPTER ELEVEN (xi)

CRIMINAL OFFENCES AGAINST THE FREEDOMS

AND RIGHTS OF MAN AND CITIZEN

Violation of the Equality of Citizens

Article 106

(1) Whoever denies and limits the freedoms or rights of man and citizen laid down in the Constitution, statutes or other legal provisions on the basis of a difference of race, color, sex, language, religion, political or other opinion, national or social origin, property, birth, education, social status or other characteristics, affiliation to an ethnic or national community or minority in the Republic of Croatia, or whoever, on the basis of such a difference or affiliation, grants citizens any privileges or advantages, shall be punished by imprisonment for six months to five years.

(2) The same punishment as referred to in paragraph 1 of this Article shall be imposed on a person who denies or limits a member of an ethnic or national group or a minority the right to freely express his nationality or to enjoy his cultural autonomy.

[...]

Violation of the Freedom of Association

Article 109

Whoever denies or limits citizens’ freedom of association in political parties, trade unions or other legitimate associations for the protection of their interest or the advancement of their social, economic, political, national, cultural and other beliefs or objectives shall be punished by a fine or imprisonment for not more than one year.

Violation of the Freedom of Religion

Article 110

(1) Whoever denies or limits the right to the freedom of religion, the rights to manifest publicly one’s religion or other belief shall be punished by a fine or by imprisonment not exceeding one

year.

(2) The same punishment as referred to in paragraph 1 of this Article shall be imposed on whoever denies the right of a religious community to operate in conformity with the law in a way similar to other religious communities in the Republic of Croatia, or who denies or deprives a religious community of the freedom to perform publicly religious services, to establish schools, educational institutions, social and charitable institutions and institutes and to manage them in conformity with the law.

[...]

 

Disclosure of Professional Secrets Without Authorization

Article 132

(1) An attorney-at-law, defense counsel, notary public, physician, dentist, midwife or other health service employee, psychologist, guardian, religious confessor or other person who discloses a secret entrusted to him in the course of performing his profession shall be punished by a fine of up to one hundred and fifty daily incomes or by imprisonment not exceeding six months.

(2) There shall be no criminal offense referred to in paragraph 1 of this Article if the secret is disclosed in the public interest or in the interest of another person which prevails over the interest of keeping the secret.

(3) Criminal proceedings for the criminal offense referred to in paragraph 1 of this Article shall be instituted following a motion.

[...]

Extolling of Fascist, Nazi and Other Totalitarian States and Ideologies or Promoting of Racism and Xenophobia

Article 151a

(1) Whoever produces, sells, imports or exports through a computer network or in any other way makes available to the public promotional materials glorifying fascist, Nazi and other totalitarian states, organizations and ideologies which advocate, promote or incite to hatred, discrimination or violence against any individual or group on the basis of race, color, gender, sexual preference, national or ethnic origin, religion, political or other beliefs, or for such purposes possesses large quantities of these promotional materials, shall be punished by a fine or by imprisonment not exceeding one year.

(2) A criminal offense does not exist if the material referred to in paragraph 1 of this Article is prepared or made available to the public for research, artistic or scientific purposes or with the aim of reporting about present or past events.

(3) The objects and means referred to in paragraph 1 of this Article shall be confiscated.

[...]

CHAPTER THIRTEEN (xiii)

CRIMINAL OFFENSES AGAINST VALUES PROTECTED

BY INTERNATIONAL LAW

Genocide

Article 156

Whoever, with intent to destroy in whole or in part a national, ethnic, racial or religious group, orders the killing of members of such a group, or orders serious bodily injury to be inflicted on them, or orders the physical or mental health of the members of such a group to be impaired, or orders the forcible displacement of the population, or conditions of life to be inflicted on the group which are calculated to bring about its physical destruction in whole or in part, or orders measures to be imposed which are intended to prevent births within the group, or orders the forcible transfer of children of the group to another group, or whoever with the same intent commits any of the

foregoing acts, shall be punished by imprisonment for not less than ten years or by long-term imprisonment.

[...]

War Crimes Against the Civilian Population

Article 158

(1) Whoever violates the rules of international law in time of war, armed conflict or occupation and orders an attack against the civilian population, settlements, individual civilians or those hors de combat resulting in death, severe bodily harm or serious damage to people's health, orders an indiscriminate attack harming the civilian population, orders the killing, torturing or inhuman treatment of civilians, orders civilians to be subjected to biological, medical or other scientific experiments, their tissues or organs taken for transplantation, orders civilians to be subjected to great suffering impairing the integrity of their bodies or health, or orders their resettlement, displacement or forceful loss of ethnic identity or conversion to another religion, orders rape, sexual oppression, forced prostitution, pregnancy or sterilization or other sexual abuse, orders measures of intimidation or terror, hostage taking, collective punishment, unlawful deportations to concentration camps or illegal detention, deprives people of the rights to a just and unbiased trial, forces them to serve in hostile armed forces or in the information services or administration of a hostile power, subjects them to forced labor, starvation, confiscates property or orders that the population’s property be plundered or illegally and wantonly destroyed or its large-scale appropriation where there is no justification by military needs, or imposes illegal and disproportionately large contributions and requisitions, or decreases the value of the domestic currency or unlawfully issues it, or orders an attack against persons, equipment, materials, units or vehicles involved in humanitarian aid or a peace mission pursuant to the Charter of the United Nations, or orders that the rights and actions of the citizens of a hostile country be prohibited, suspended or pronounced unlawful in court proceedings, or injures personal dignity or orders civilians and other protected persons to be used to shield certain places, areas or military forces from military operations, or orders the recruitment of children under fifteen years of age for the national armed forces or their active participation in hostilities, or whoever commits any of the foregoing acts shall be punished by imprisonment for not less than five years or by long-term imprisonment.

(2) The same punishment as referred to in paragraph 1 of this Article shall be imposed on whoever violates the rules of international law in time of war, armed conflict or occupation by ordering an attack against objects protected by international law, against works or powerful installations such as dams, dykes and nuclear power plants, indiscriminate attacks against civilian objects protected by international law, against undefended places and demilitarized zones or orders an attack which results in an extensive and long-lasting damage to the environment and may impair the population’s health or survival, or whoever commits any of the foregoing acts.

(3) Whoever, as an occupying power, violates the rules of international law, in time of war, armed conflict or occupation, orders or carries out the resettlement of parts of the civilian population of the occupying power to an occupied territory shall be punished by imprisonment for not less than five years.

War Crimes Against the Wounded and Sick

Article 159

Whoever, in violation of the rules of international law, in time of war or armed conflict, orders the killing, torturing or inhuman treatment of the wounded, sick, shipwrecked persons or of medical or religious personnel, orders that they be subjected to biological and other scientific experiments, their tissues or organs taken for transplantation, orders civilians to be subjected to great suffering, impairing the integrity of their bodies or health or orders an illegal and wanton, large-scale destruction or appropriation of materials, medical vehicles or supplies of medical institutions or units when there is no justification by military needs or whoever commits any of the foregoing acts shall be punished by imprisonment for not less than five years or by long-term imprisonment.

[...]

Racial and Other Discrimination

Article 174

(1) Whoever, on the basis of a difference in race, religion, political or other belief, property, birth, education, social position or other characteristics, or on the basis of gender, color, national or - ethnic origin, violates fundamental human rights and freedoms recognized by the international community shall be punished by imprisonment for six months to five years.

(2) The same punishment as referred to in paragraph 1 of this Article shall be inflicted on whoever persecutes organizations or individuals for promoting equality between people.

(3) Whoever publicly states or disseminates ideas on the superiority or subordination of one race, ethnic or religious community, gender, ethnicity or ideas on superiority or subordination on the basis of color for the purpose of spreading racial, religious, sexual, national and ethnic hatred or hatred based on color or for the purpose of disparagement shall be punished by imprisonment for three months to three years.

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Aggravated Larceny

Article 217

(1) A punishment of imprisonment for six months to ten years shall be inflicted on a perpetrator who commits a larceny (Article 216, paragraph 1):

1. by breaking in, entering by force or otherwise overcoming great obstacles in order to come to property within closed buildings, rooms, safes, wardrobes or other closed rooms or enclosed areas;

2. in a particularly dangerous or particularly brazen manner;

3. by taking advantage of conditions caused by a fire, flood, earthquake or another calamity;

4. by taking advantage of the helplessness or some other particularly difficult situation of another.

(2) The same punishment as referred to in paragraph 1 of this Article shall be inflicted on a perpetrator of the criminal offense of larceny (Article 216, paragraph 1):

1. if the stolen property is of great value and the perpetrator acts with an aim to appropriate the property of such value;

2. if the stolen property is used for religious purposes or if the property is stolen from a church or other building or room serving for the practice of religion;

3. if a piece of cultural heritage, or an object of scientific, artistic, historical or technical significance is stolen, or the stolen property is included in a public collection, a protected private collection, or is exhibited to the public.

(3) Imprisonment for six months to five years shall be inflicted on a perpetrator who commits a larceny (Article 216, paragraph 2) in the manner and under the circumstances referred to in paragraph 1 or paragraph2, points 2 or 3 of this Article.

(4) Imprisonment for one to eight years shall be inflicted on a perpetrator who commits a larceny (Article 216, paragraph 1) as a member of a group or if he has in his possession a weapon or dangerous instrument for the purpose of attack or defense.

[...]

Malicious Mischief

Article 222

(1) Whoever damages, deforms, destroys or renders unusable another person's property shall be punished by a fine of up to one hundred and fifty daily incomes or by imprisonment not exceeding six months.

(2) Whoever damages, deforms, destroys or renders unusable another person's property which serves for religious purposes, a piece of cultural heritage, a specially protected natural resort, a piece of art or an object of scientific or technical significance which is located in a public collection, a protected private collection or is exhibited to the public, or an object which serves public needs or which embellishes squares, streets or parks shall be punished by a fine or imprisonment not exceeding one year.

(3) Criminal proceedings for the criminal offense referred to in paragraph 1 of this Article shall be instituted by a private charge unless the criminal offense referred to in paragraphs 1 and 2 of this Article is committed against a piece of protected cultural or natural heritage, or the damage caused is not of small value.

[...]

Failure to Report a Criminal Offense

Article 300

(1) Whoever knows that a serious criminal offense, for which long-term imprisonment is prescribed by law, was committed and fails to report it, although he knows that by reporting it the discovery of the offense or the perpetrator would be made possible or considerably facilitated, shall be punished by a fine or by imprisonment not exceeding three years.

(2) The same punishment as referred to in paragraph 1 of this Article shall be inflicted on an official or responsible person who fails to report the perpetration of a criminal offense which comes to his knowledge in the discharge of his duty if, for such a criminal offense, criminal proceedings are not instituted by a private charge or following a motion.

(3) There shall be no criminal offense referred to in paragraphs 1 and 2 of this Article if it is committed by a person who lives in or out of wedlock with the person who has perpetrated the unreported criminal offense, or is to such a person a relative by blood in a direct line, a sibling, an adopter or adoptee, attorney-at-law, defense counsel, notary public, physician, dentist, midwife or other health provider, psychologist, guardian, religious confessor or if it is committed by another person in the performance of his profession.

(4) A physician, a dentist, midwife or other health provider, psychologist, notary public, guardian or an employee in an educational institution shall be punished for the criminal offense referred to in paragraphs 1 and 2 of this Article if it is committed against a child or a juvenile.

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