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CRIMINAL CODE OF THE REPUBLIC OF SLOVENIA

(Official Gazette of the Republic of Slovenia, 15 June 2005 )

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Violation of Equal Status

Article 141

(1) Whoever, due to differences in respect of nationality, race, colour of skin, religion, ethnic roots, gender, language, political or other beliefs, sexual orientation, material condition, birth status, education, social position or any other circumstance, deprives or restrains another person of any human right or liberty recognised by the international community or provided by the Constitution or the statute, or grants another person a special privilege or advantage on the basis of such difference, shall be punished by a fine or sentenced to imprisonment for not more than one year.

(2) Whoever prosecutes an individual or an organisation due to his or its advocacy of the equality of people shall be punished under the provision of the preceding paragraph.

(3) In the event of the offence under the first or the second paragraph of the present article being committed by an official through the abuse of office or of official authority, such an official shall be sentenced to imprisonment for not more than three years.

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Stirring up Hatred, Strife or Intolerance based on Violation of the Principle of Equality

Article 300

(1) Whoever provokes or stirs up ethnic, racial or religious hatred, strife or intolerance or disseminates ideas on the supremacy of one race over another or provides aid in any manner for racist activity or denies, diminishes the significance of, approves of or advocates genocide,

shall be punished by imprisonment of up to two years.

(2) If the offence under the preceding paragraph has been committed by coercion, maltreatment, endangering of security, desecration of national, ethnic or religious symbols, damaging of the movable property of another, desecration of monuments or memorial stones or graves,

the perpetrator shall be punished by imprisonment of up to five years.

(3) Material and objects bearing messages from the first paragraph of this Article, and all devices intended for their manufacture, multiplication and distribution, shall be confiscated or their use disabled in an appropriate manner.

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Disrupting Religious Ceremonies

Article 314

Whoever disrupts or prevents a religious ceremony from taking place shall be punished by a fine or sentenced to imprisonment for not more than one year.

Chapter Thirty-Five

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CRIMINAL OFFENCES AGAINST HUMANITY AND INTERNATIONAL LAW

Genocide

Article 373

(1) Whoever, with the intention of destroying, in whole or in part, a national, ethnic, racial or religious group, gives orders to kill members of the group, to inflict severe bodily injuries upon them, to seriously undermine their bodily or mental health, to forcibly displace the population, to inflict on the group conditions of life calculated to bring about its physical destruction in whole or in part, to impose measures to prevent births within the group, or to forcibly transfer children of the group to some other group, or whoever, with the same intention, commits any of the above acts,

shall be punished by imprisonment of at least ten years or by imprisonment of thirty years.

(2) Whoever commits any of the acts under the previous paragraph against any social or political group,

shall be punished the same.

(3) The same punishment shall be imposed on whoever incites or calls for the direct commission of criminal offences from this Article.

Crimes Against the Civilian Population

Article 374

(1) Whoever in contravention of the rules of international law during wartime, armed conflict or occupation, or when carrying out or supporting the policy of a state or organisation as part of a larger systematic attack, orders or commits the following acts against the civilian population: an attack on the civilian population, a built-up area, individual civilians or persons unable to fight which causes death, grievous bodily harm or serious harm to health; use of the presence of civilian or other protected persons to avert military operations; a random attack that causes injury to civilians; slaughter, torture, inhumane treatment, biological, medical or other scientific experiments, the removal of tissue or organs for transplant, the infliction of great suffering or the violation of physical integrity or health; deportation, displacement, forced removal of citizenship or forced religious conversion; rape, forced prostitution, forced pregnancy, forced sterilisation and other forms of sexual violence that constitute a serious violation of international law; measures of intimidation or terrorism, hostage-taking, collective punishment, unlawful removal to a concentration camp and other unlawful incarceration, and removal of the right to a fair trial; forced service in the armed forces of the aggressor or in the aggressor’s intelligence service or administration; forced labour; starvation of the population; the confiscation of property, pillage of property of the population, unlawful and arbitrary destruction or large-scale appropriation of property not justified by military needs, and the imposition of unlawful and disproportionately high contributions and requisitions; devaluation of the value of the domestic currency or the unlawful issuing of currency,

shall be punished by imprisonment of at least ten years or by imprisonment of thirty years.

(2) Whoever in contravention of the rules of international law during wartime, armed conflict or occupation or when carrying out or supporting the policy of a state or organisation as part of a larger systematic attack, orders: an attack on buildings given special protection under international law and on buildings and facilities an attack on which would be particularly dangerous, such as dams, levees and nuclear power plants; a random attack on buildings given special protection under international law, or on defenceless or demilitarised areas; an attack deliberately targeted at staff, buildings, materials, units and vehicles participating in the provision of humanitarian aid or peacekeeping missions in accordance with the Founding Charter of the United Nations, as long as these are, in accordance with international law, entitled to the same protection as civilians or civilian buildings; the infliction of long-term and large-scale damage to the environment which may endanger the health or survival of the population,

shall be punished the same.

(3) Whoever, as an occupier, violates the rules of international law during wartime, armed conflict or occupation by ordering or carrying out the deportation of sections of his civilian population to an occupied area,

shall be punished by imprisonment of at least five years.

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