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CRIMINAL CODE

(Enacted: 23 July 1996

Came into effect:1 November 1996 )

GENERAL PART

1.GENERAL PROVISIONS

Article 1. Legality in the determining of crimes and the prescribing of criminal sanctions

Nobody can be sentenced to a punishment or some other penal sanction for an act, which before it was committed, was not determined by law to be a crime and for which no punishment was prescribed by law.

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15. CRIMES AGAINST THE FREEDOMS AND RIGHTS OF HUMANS

AND CITIZENS

Injury to the equality of citizens

Article 137

(1) A person who, based on a difference in gender, race, color of skin, national and social origin, political and religious belief, wealth and social position, the language or other personal characteristics or circumstances, takes away or limits the rights of humans and citizens, determined by the Constitution, by law or by ratified international covenant, or who based on all these differences gives citizens favors in contrary to the Constitution, some law or international ratified covenant, shall be punished with imprisonment of three months to three years.

(2) If the crime from item 1 is committed by an official person while performing his duty, he shall be punished with imprisonment of six months to five years.

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Unauthorized disclosure of a secret

Article 150

(1) A lawyer, notary, defense counsel, doctor, midwife or some other health worker, psychologist, religious confessor, social worker or some other person who, unauthorized, discloses a secret he discovered while performing his profession, shall be punished with a fine, or with imprisonment of up to one year.

(2) The crime from item 1 does not exist if the secret was disclosed in general interest, or in the interest of some other person, when this has higher priority than the interest of keeping the secret.

(3) The prosecution is undertaken upon private suit.

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Causing national, racial or religious

hate, discord and intolerance

Article 319

(1) A person who by force, mistreatment, endangering the security, ridicule of the national, ethnic or religious symbols, by damaging other people's objects, by desecration of monuments, graves, or in some ìother manner causes or excites national, racial or religious hate, discord or intolerance, shall be punished with imprisonment of one to five years.

(2) A person, who commits the crime from item 1 by misusing his position or authorization, or if because of these crimes, riots and violence were caused among people, or a property damage with a large extent was caused, shall be punished with imprisonment of one to ten years.

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Hindering a religious ceremony

Article 399

A person who unlawfully hinders the performance of a religious ceremony shall be punished with a fine, or with imprisonment of up to one year.

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34. CRIMES AGAINST HUMANITY AND INTERNATIONAL LAW

Genocide

Article 403

A person who with the intention of complete or partial destruction of some national, ethnic, racial or religious group, orders the murder or infliction of serious body injuries, or serious harm to the physical or mental health of members of a group, or forced resettlement of population, or to place the group under such living conditions as to bring about the complete or partial extermination of the group, or to apply measures that prevent birth among the members of the group, or to perform forced moving of the children to some other group, or a person who with the same intention, commits some of the above mentioned crimes, shall be punished with imprisonment of at least ten years, or with life imprisonment

War crimes against the civil population

Article 404

(1) A person who, by violating the rules of international law, during a war, armed conflict or occupation, orders an attack upon civil population, a settlement, certain civil persons or persons incapacitated for combat, which had as consequence death, serious body injury or serious disturbance to the health of the people; an attack without choosing the target, which strikes the civil population; to commit

against the civil population murder, torture, inhuman acts, biological, medical or other scientific experiments, taking tissue or organs for the purpose of transplantation, inflicting grave suffering or injury to the body integrity or the health; resettlement and moving or forced denationalization or transfer to some other religion; coercion to prostitution or rape; the implementation of measures of fear and terror, taking hostages, collective punishment, illegal taking to concentration

camps and other illegal arrests, depriving of the right to a proper and unbiased trial; coercion for service in the armed forces of the enemy or in its intelligence service or administration; coercion to forced labor, starving of the population, confiscation of property, pilfering of property of the population, illegal and self-willed destruction or usurpation of a larger extent of properties which is not justified by the military needs, taking an unlawful and excessive contribution and requisition, decreasing the value of the domestic currency or unlawful issue of money; or the person who commits some of the above mentioned crimes - shall be punished with imprisonment of at least ten years, or with life imprisonment.

(2) The punishment from item 1 shall apply to a person who by violating the rules of international law, during a war, an armed conflict or an occupation orders: an attack upon facilities specially protected by international law and upon facilities and plants with a dangerous power, such as dams, embankments and nuclear power plants; without a choice of the targets to strike: civil constructions, which are under special protection by international law, prohibited places or demilitarized zones; long lasting and extensive destruction of the natural environment that could be damaging to the health or the survival of the population; or the person who commits some of the

above mentioned crimes.

(3) A person who, by violating the rules of international law, as an occupator, during a war, an armed conflict or an occupation, orders or executes a resettlement of parts of the civil population to the occupied territory, shall be punished with imprisonment of at least five years.

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War crime against wounded and ill

Article 405

A person who, by violating the rules of international law, during a war or an armed conflict, and against wounded, ill, castaways or medical personnel, orders the committing of murders, torture, inhuman actions, biological, medical or other scientific experiments, taking of tissue or organs for transplantation, or inflicting grave suffering or injury to the body integrity or health, or illegal and selfwilled

destruction or usurpation of a large extent of materials, means for medical transport and stores from medical or religious institutions, or from units, which is not justifies by the military needs, or the person who commits any of the above mentioned crimes, shall be punished with imprisonment of at least ten years, or with life imprisonment.

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