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Criminal Law

Criminal Law

Definitions

Citizen shall be a Person who commits fully to Liberland according to the requirements of the Constitution and the Citizenship Law.

Criminal Process shall be the special form of Judicial Process denoted in the Judicial Process Law as applicable to a process between an individual and the State where the latter seeks to determine the individual's guilt regarding a delict.

Delict shall be an action with an identified victim and for the commitment of which the State prescribes an additional sanction besides the restitution of the damages to the victim or victims.

Person shall be a human being or another entity endowed by the Constitution or a Law by Legal Personality. Legal Personality shall be the ability to have rights and duties under Law in Liberland.

Natural Person shall be any human being.

Owner shall be a Person who possesses Property in an Object.

Malintent shall be the intention to commit a Delict, for this Law a Criminal Offense; there can be Direct Malintent, where the evidence points to a direct intention for the commitment of the deed and the consequences of it, at least those predictable by a rational actor; and an Indirect Malintent, which means that the person was, at the time of their action, aware of the consequences of the action and was content with those consequences taking place.

Moral Person shall be a Company, a State or any entity which by Law of Liberland possesses Legal Personality other than its Owners.

Negligence means that an actor knew or should have known the consequences of their action (and their ability to damage others), but for no good reason assumed that those consequences wouldn't happen in case of their particular action.

Perpetrator shall be an actor who committed a Delict, for this law specifically a Criminal Offense, and has been designed as a Perpetrator by a State Court in Liberland or by a criminal court in another State.

Book 1: General Part

Section 1: Principles of Criminal Law

Art. 1: Criminal Offenses

§ 1

Criminal Offenses shall be those Delicts which, when committed, seriously impair their victims in their life, human dignity or property. The possibility of these acts being committed objectively increases the fear and uncertainty in life amongst rationally acting persons. A rational actor would take significant and costly steps to prevent these acts from being visited on themselves or others.

§ 2

Criminal Offenses shall be the most serious category of Delicts in Liberland and for them alone shall be prescribed Criminal Sanctions, the most impactful amongst all the Sanctions which Liberland can prescribe.

§ 3

All Criminal Offenses shall be enumerated in the Book 2 of this Law, and no Delict shall be a Criminal Offense in Liberland except that it should be listed in this Book. The enitre material Criminal Law of Liberland shall be contained in this Law and no special Laws regarding criminal matters shall be drafted.

§ 4

  1. As with any other Delict, no action shall be recognized as a Criminal Offense where there is no victim, by which is meant a natural or a moral Person who has incurred specific damage as the direct or indirect consequences of the Criminal Offense being committed.
  2. The damage doesn't have to be enumerated in money or even liable for such enumeration, but it must be demonstrated and supported by evidence. If in doubt, the benefit of the purported victim shall take precedence before the benefit of the perpetrator or the State.
  3. Specifically for Criminal Offenses, damage visited upon Natural Persons shall be considered more serious than damage visited upon Moral Persons.

Art. 2: Criminal Sanctions

§ 1

Criminal Sanctions shall be prescribed only for acts threatening or violating life, human dignity or private property and personal liberties or human rights, as well as other rights and social values guaranteed and protected by the Constitution of Liberland and international law in such a manner that their protection could not be realized without criminal law enforcement.

§ 2

  1. The general purpose of prescribing, pronouncing or applying criminal sanctions is that all citizens honor the legal system and that no one commits a criminal offense, and that perpetrators of criminal offenses do not continue acting in a similar way in the future.
  2. The prescribing of specific criminal offences, as well as the types and the range of criminal sanctions against their perpetrators, shall be based upon the necessity for Criminal Law enforcement and its proportionality with the degree and nature of the danger against life, human dignity or private property.
  3. In determining the contents of criminal sanctions and the manner of their application, the freedoms and rights of the Perpetrator of a Criminal Offense may be limited only to a degree corresponding to the type of the criminal sanction applied and its special purpose determined by Law, without causing corporal pain or mental suffering, inhuman or degrading treatment, while observing human dignity and personality.

§ 3

  1. No Criminal Sanction shall be prescribed if the act in question was no Criminal Offense at the time it was committed.
  2. The Criminal Law in force at the time the act was committed shall be applied to the perpetrator of a Criminal Offense.
  3. If the Criminal Law changes after the act was commited and the Law at the time of the Criminal Proceedings has become more lenient for the purported Perpetrator, the Law as applies at the time of the Criminal Proceedings shall apply.

§ 4

The provisions of the preceeding paragraph shall not apply to the crimes of Genocide, Ethnic Cleansing and War Crimes, as all human beings should know the wrongness of those acts. For those special Criminal Offenses, the Criminal Law in force when the Criminal Process takes place shall be applied and they shall be liable for prosecution even if not seen as criminal in the time and place they were commited.

Art. 3: Time of Perpetration of a Criminal Offense

A criminal offense is committed at the time the perpetrator acts or ought to have acted, irrespective of the time when the consequence, which is a material element of the criminal offense, occurs.

Art. 4: Place of Perpetration of a Criminal Offense

  1. A criminal offense is committed both at the place the perpetrator acts or ought to have acted, and at the place where the consequence, which is a material element of a criminal offense, fully or partially occurs or, in the case of a punishable attempt, ought to have occurred according to the perpetrator's expectation.
  2. In the cases of complicity, the criminal offense is committed at the place specified as it would be for the main Perpetrator and at the place the accomplice acts or ought to have acted, or at the place where the consequence, which is a material element of a criminal offense, ought to have occurred according to the expectation of the accomplice.

Art. 5: Culpability

No one shall be punished if not found culpable of the committed offense, whether by Malintent or by Gross Negligence.

Art. 6: Omission

  1. A criminal offense is committed by omission when the perpetrator, who is legally obligated to avert the consequence of a criminal offense defined by law, fails to do so, and such a failure to act is tantamount in its effect and significance to the perpetration of such an offense by an act.
  2. The punishment of a perpetrator who commits a criminal offense by omission can be mitigated, except in the case of a criminal offense which can be committed only by failure to act.

Art. 7: Types of Criminal Sanctions

  1. The following shall be Criminal Sanctions in Liberland:

a) punishments,

b) non-custodial sanctions (judicial admonition and suspended sentences),

c) security measures; and

d) educational measures.

  1. The duration of any type of criminal sanction shall be determined by statute and no criminal sanction shall be prescribed, pronounced or applied for an indefinite time.

Art. 8: Right to Rehabilitation

A Perpetrator sentenced for a Criminal Offense, after certain amount of time passes or where their sentence should be rescinded, shall be deemed a person who has not committed a criminal offense. Their rights and liberties shall not differ from the rights and liberties of persons who have not committed a Criminal Offense.

Art. 9: Territorial and Ex-Territorial Applicability

  1. This Law shall apply to anyone who commits a Criminal Offense within its territory.
  2. This Law shall also apply to anyone who commits a Criminal Offense aboard a domestic vessel, regardless of the location of such a vessel at the time the Criminal Offense is committed.
  3. This Law shall also apply to anyone who commits a criminal offense aboard a domestic civil aircraft while in flight, or a domestic military aircraft, regardless of the location of such an aircraft at the time the criminal offense is committed.

Art. 10: Personal Applicability

  1. This Law shall be applied to a Liberland Citizen who, outside the territory of Liberland, commits a criminal offense.
  2. This Law shall be applied to an alien who, outside the territory of Liberland, commits a criminal offense against Liberland.

Art. 11: Special Rights of Young Persons

Criminal legislation shall not be applied to a young person who, at the time of committing a criminal offense, had not reached fourteen years of age.

Art. 12: Deprivation of Liberty in a Foreign Country

In the cases of the application of a Criminal Sanction after the perpetrator has already been deprived of his liberty in a foreign state due to a Criminal Offense, the time spent in pre-trial detention or imprisonment, or any other deprivation of liberty, shall be included in the sentence pronounced by the domestic court for the same Criminal Offense, and if the sentences are not of the same type, the inclusion shall be made in accordance with an equitable assessment of the court.

Art. 13: Statute of Limitation

§ 1

Criminal Sanctions may not be applied after the period determined by this Code for the given Criminal Sanction and a Criminal Offense has elapsed from the time the Criminal Offense has been committed, the punishment pronounced or other criminal sanction ordered.

§ 2

The following shall be be the periods after which the Statute of Limitation applies:

a) thirty years in the case of a criminal offense for which a punishment of life imprisonment is prescribed;

b) twenty years in the case of a criminal offense for which a punishment of more than ten years of imprisonment is prescribed;

c) fifteen years in the case of a criminal offense for which a punishment of more than five years of imprisonment is prescribed;

d) ten years in the case of a criminal offense for which a punishment of more than three years of imprisonment is prescribed;

e) five years in the case of a criminal offense for which a punishment of more than one year of imprisonment is prescribed;

f) three years in the case of other criminal offenses.

  1. If, for a single criminal offense, several punishments are prescribed, the period of limitation shall be applied according to the most severe punishment prescribed for such an offense.

§ 3

There shall be no Statute of Limitation for the crimes of Genocide, Ethnic Cleansing and for War Crimes. The Natural Person shall be prosecutable until their death and they might be pronounced guilty even after that (without consequences for their posterity), where a Moral Person shall be prosecutable even if it disolves, where it has any clear successor or successors.

Art. 14: Period of the Statute of Limitation

§ 1

  1. The period prescribed by the Statute of Limitation to institute criminal prosecution commences on the date the Criminal Offense was committed.
  2. The period prescribed by the Statute of Limitation shall not run during the time criminal prosecution, pursuant to the law, cannot be undertaken or continued.
  3. The running of the period prescribed by the Statute of Limitation is interrupted by each procedural action undertaken in order to institute criminal prosecution against the perpetrator for the commission of a Criminal Offense.
  4. The running of the period prescribed by the Statute of Limitation is also interrupted when the perpetrator commits an equally serious or a more serious Criminal Offense.
  5. After each interruption, the period prescribed by the Statute of Limitation commences anew.

§ 2

The period prescribed by the Statute of Limitation to institute criminal prosecution expires in any case when twice as much time lapses as is prescribed by the Statute of Limitation for the initiation of criminal prosecution.

Art. 15: Minimal Offenses

There shall be no criminal offense, although its material elements have been realized, if the offense is obviously insignificant with regard to the manner of the Perpetrator's conduct, their culpability, and the incurred consequence to the protected good and the legal system.

Art. 16: Self-Defense

  1. There shall be no criminal offense when the perpetrator acts in self-defense.
  2. Self-defense is a defense which is absolutely necessary for the perpetrator to avert an imminent or immediate unlawful attack on him or on another person.
  3. If the perpetrator exceeds the limits of self-defence, the punishment can be mitigated, and if the excess occurs due to strong irritation or fright caused by the attack, the punishment can be remitted.

Art. 17: Necessity

§ 1

There shall be no criminal offense when the perpetrator has acted in order to avert from himself or from another an imminent danger which could not have been averted in any other way, provided that in doing so a lesser harm was done than that which had been threatened.

§ 2

  1. The perpetrator is not culpable if he has committed an illegal act in order to avert from himself or from another an imminent danger which could not have been averted in any other way, provided that in doing so the harm that is done is not disproportionally greater than that which had been threatened.
  2. If, in this case, the perpetrator was avoidably mistaken about the circumstances which exclude culpability, he shall be punished for negligence if, for the committed offense, the Code prescribes punishment for negligence.

§ 3

The defense of necessity is not available if the perpetrator was obligated to expose himself to danger.

Art. 18: Coercion or Threat

  1. There shall be no criminal offense when the perpetrator acts under the influence of irresistible coercion.
  2. If the perpetrator commits a criminal offense under resistible coercion or threat, the provisions of Necessity shall apply, treating such coercion or threat as a danger.

Art. 19: Lawful Use of Force

There shall be no Criminal Offense when an authorized person uses force in accordance with the law unless the use of force is not in excess of what is necessary to fulfil the purpose for which the force is used.

Art. 20: Attempt

  1. Whoever intentionally commences to execute a criminal offense but does not consummate it shall be punished for the attempt only of a Criminal Offense for which a punishment of five years of imprisonment or a more serious penalty is prescribed by law, while the attempt of another criminal offense is punishable only if the law expressly provides for the punishment for an attempt.
  2. The Perpetrator who attempts to commit a Criminal Offense shall be punished as if the offense had been completed, but the punishment can also be mitigated.
  3. If the perpetrator attempts to commit a Criminal Offense by means that are inappropriate to accomplish the ends sought, or against an object upon which a Criminal Offense could not have been committed, the court may remit the punishment.

Art. 21: Voluntary Abandonment

  1. If the Perpetrator voluntarily abandons the execution of a punishable attempt, the court may remit the punishment.
  2. The Perpetrator abandons the execution of a punishable attempt if he voluntarily interrupts further execution of a commenced Criminal Offense, aware that, according to all circumstances, he could have completed the act, or, if after the completion of such an act, he prevents the occurrence of consequences.

Art. 22: Principal and Accomplice

  1. The Principal is a person who commits a criminal offense by his own act or omission or through another agent.
  2. Co-principals of a Criminal Offense are two or more persons who, on the basis of a joint decision, commit a Criminal Offense in such a way that each of them participates in the perpetration or, in some other way, substantially contributes to the perpetration of a Criminal Offense.
  3. Accomplices are:

a) the instigator, and

b) the aider or abettor.

  1. The instigator and aider or abettor are accomplices who, without control over the perpetration of a Criminal Offense, contribute to its perpetration by instigation or by aiding and abetting.

Art. 23: Punishment of Accomplices

§ 1

  1. Each co-principal shall be liable in accordance with his intent or negligence, while the instigator and the aider and abettor shall be liable in accordance with their intent.
  2. The material or personal characteristics of the principal, which represent the material elements of a criminal offense or influence the severity of the prescribed punishment, shall also apply to accomplices.

§ 2

Strictly personal circumstances for which the law excludes culpability and allows for the remission, mitigation or aggravation of punishment may apply only to the principal or accomplice to whom they pertain.

§ 3

The punishment of an accomplice who voluntarily prevents the perpetration of a criminal offense may be remitted.

Art. 24: Instigation

  1. Whoever intentionally instigates another to commit a criminal offence shall be punished as if he himself committed it.
  2. Whoever intentionally instigates another to commit a criminal offence whose attempt is punishable shall be punished as for the attempt of such a criminal offense even if the offense itself has not been attempted.
  3. In the case of an inadvertent attempt of instigation, the court may remit the punishment of the instigator.

Art. 25: Aiding and Abetting

  1. Whoever intentionally aids and abets another in the perpetration of a criminal offense shall be punished as if he himself committed it, but the punishment may also be mitigated.
  2. The following shall in particular be deemed acts of aiding and abetting:

a) giving advice or instructions on how to commit a criminal offense,

b) providing the perpetrator with the means for the perpetration of a criminal offense,

c) removing obstacles for the perpetration of a criminal offense,

d) giving an advance promise to conceal the criminal offense, the perpetrator, or the means by which the criminal offense was committed, as well as

e) concealing the traces of a criminal offense or the objects procured by the criminal offense.

Section 2: Culpability

Art. 26: Mental Incapacity

  1. A mentally incapable person shall not be culpable and no criminal sanction shall be imposed on such a person. A mentally incapable person may be placed in a psychiatric institution in accordance with the provisions of the Law on the Protection of Mentally Disturbed Persons.
  2. A mentally incapable person is one who at the time of the perpetration of an illegal act was incapable of understanding the significance of his conduct, or cannot control his will due to mental illness, temporary mental disorder, mental deficiency or some other severe mental disturbance.

Art. 27: Voluntary Intoxication

A perpetrator who, due to the consumption of alcohol, narcotic drugs or other substances, culpably brings himself into a state in which he is incapable of understanding the significance of his conduct or of controlling his own will shall not be deemed mentally incapable if, at the time of bringing himself into such a state, his intent encompasses the offense committed, or if at this time he is negligent in regard to the offense, provided that the statute prescribes punishment for such a form of culpability as well.

Art. 28: Diminished Mental Capacity

The punishment of a perpetrator may be mitigated if at the time of the perpetration of a criminal offense, due to a condition referred to in Article 40, paragraph 2 of this Code, the perpetrator was of Criminal Code 11 substantially diminished mental capacity, provided that the mental deficiency was not voluntarily produced.

Art. 29: Generally, only Intentional Perpetration is Punishable

  1. Only the intentional perpetration of a criminal offense is punishable, unless a statute expressly provides punishment for negligent conduct as well.
  2. A more severe punishment which the law prescribes for a particular consequence of a criminal offense shall be inflicted only when the perpetrator acted at least negligently with regard to such a consequence.

Art. 30: Intent

  1. A criminal offense may be committed with direct (dolus directus) or indirect intent (dolus eventualis).
  2. The perpetrator acts with direct intent when he is aware of his conduct and desires its perpetration.
  3. The perpetrator acts with indirect intent when he is aware that he might commit an offense and accedes to it.

Art. 31: Negligence

  1. A criminal offense may be committed by advertent or inadvertent negligence.
  2. The perpetrator acts with advertent negligence when he is aware that he might commit an offense but carelessly assumes that it will not occur, or that he will be able to prevent it from occurring.
  3. The perpetrator acts with inadvertent negligence when he is unaware that he might commit an offense, although under the circumstances and according to his personal characteristics he should and could have been aware of such a possibility.

Art. 32: Mistake of Law

  1. The perpetrator who, for justified reasons, does not know and could not have known that the offense is prohibited shall not be culpable.
  2. If the mistake is avoidable, the punishment may be mitigated.
  3. A mistake shall be deemed avoidable if anyone, and thus also the perpetrator, could have easily grasped the unlawfulness of the conduct, or if the perpetrator was supposed to know the relevant regulation because of his profession, occupation or service.

Art. 33: Mistake of Fact

  1. A perpetrator does not act intentionally if at the time of the perpetration of a criminal offense he is not aware of one of its material elements.
  2. If the perpetrator's mistake regarding the material elements of the criminal offense is due to his negligence, he shall be culpable insofar as the statute prescribes punishment for such an offense also when committed by negligence.
  3. The perpetrator shall not be punished for intent if at the time of the perpetration of a criminal offense he mistakenly assumed that the circumstances existed, which, had they actually existed, would have rendered his conduct lawful.
  4. If the perpetrator is mistaken for the claim of legal justification out of negligence, he shall be punished for the perpetration of a criminal offence, provided that the statute prescribes punishment for such an offense also when committed by negligence.

Section 3: Punishment and Sentencing

Art. 34: Types of Punishment

  1. Perpetrators of criminal offenses may be punished by fine or imprisonment.
  2. Imprisonment shall be imposed only as the principal punishment.
  3. A fine may be imposed both as the principal and a supplementary punishment.
  4. For criminal offenses committed for personal gain, a fine may be imposed as a supplementary punishment, even when it is not prescribed by law, or when the law prescribes that the perpetrator is to be punished by imprisonment or by a fine, while the court pronounces imprisonment as the principal punishment.

Art. 35: The Purpose of Punishment

By taking into consideration the general purpose of criminal sanctions, the purpose of inflicting punishment is to

a) effect compensation for the victims;

b) deter the perpetrator from committing criminal offenses in the future,

c) deter all others from committing criminal offenses,

d) express the community's condemnation of a committed criminal offense; and

e) by the implementation of statutory punishments to increase the consciousness of citizens of the danger of criminal offenses and of the fairness of punishing perpetrators.

Art. 36: Fine

  1. A fine shall be imposed according to daily income. It amounts to at least ten and not more than three hundred daily incomes, except for criminal offences committed for personal gain when the maximum fine may amount to five hundred daily incomes.
  2. The court shall determine the number of daily incomes on the basis of Mitigating and Aggravating Circumstances as listed in this Law other than those relating to the financial situation of the perpetrator.
  3. When determining the amount of a daily income, the court shall take into account the perpetrator's total income, their property and his family obligations. If the perpetrator of a criminal offense does not have any income but is the owner of property or property rights, the court shall determine the daily income by a free estimate following the value of such property or property rights

Art. 37: Substitution of Fine

  1. The fine shall not be collected by force.
  2. When the fine is not paid in full or in part within the period determined in the judgment, the court shall, without delay, bring a decision to substitute the fine by imprisonment.
  3. The fine shall be substituted by imprisonment in such a way that one daily income is substituted by one day of imprisonment, with the proviso that the maximum duration of imprisonment, substituting the fine, shall not exceed twelve months.
  4. If the convict pays a part of the fine, the duration of imprisonment shall be reduced proportionally, and if he pays the fine in full, the execution of the penalty of imprisonment shall be suspended.

Art. 38: Imprisonment

  1. Imprisonment may not be shorter than thirty days or longer than twenty years.
  2. Life imprisonment may be prescribed for the most serious criminal offences (hereinafter: life sentence).
  3. Long-term imprisonment shall never be the sole punishment for a specific criminal offence.
  4. Long-term imprisonment shall not be imposed on a perpetrator who, at the time of the perpetration of the criminal offence, has not reached the age of twenty-one years.
  5. The imprisonment of juveniles shall be imposed under the conditions prescribed by a special statute on young perpetrators of criminal offences. The imprisonment of juveniles is, in its purpose, nature, duration and manner of execution, a special penalty of deprivation of liberty.
  6. When imprisonment without a minimum duration and with a maximum duration of three years is prescribed for a criminal offence, together with such a penalty, a fine shall be prescribed as an alternative punishment.
  7. Imprisonment shall be assessed and imposed in full years and months and in full days if its duration is up to three months.

Art. 39: Community Service

  1. When the court assesses and imposes imprisonment for the duration of up to six months, it may at the same time decide that such punishment, with the convict's consent, be replaced with community service.
  2. The decision to replace imprisonment with community service shall be based upon the assessment that, considering all the circumstances determining the type and range of the sentence, the execution of imprisonment would not be necessary to realise the purpose of punishment, and (at the same time) a non-custodial measure would not be sufficient to accomplish the general purpose of criminal sanctions.
  3. Community service shall be determined for a duration proportional to the imposed imprisonment, from a minimum of ten to a maximum of sixty working days. The period for performing community service shall neither be shorter than one month nor longer than one year.
  4. In assessing the duration of community service, as well as the period for its performance, the court shall take into consideration the pronounced imprisonment which is being substituted and the perpetrator's possibilities regarding personal circumstances and employment.
  5. When the convict has not completed or has only partly completed the community service upon the expiry of the determined period, the court shall decide on the execution of imprisonment for a period proportional to the unfulfilled community service.
  6. The replacement of imprisonment with community service may also be applied in the case of substituting a fine with imprisonment, when such imprisonment does not exceed six months.

Art. 40 Parole

  1. A convict may be released form the institution after having served at least one-half of the term or, exceptionally, after having served one-third of the term to which he has been sentenced, under the conditions stated in this Law.
  2. A convict serving life sentence may be conditionally released if he has served twenty years of imprisonment. Any deprivation of liberty resulting from the perpetration of a criminal offense is considered to be a served sentence.
  3. A conditional release shall last until the day the pronounced sentence has expired and in the case of a convict serving life imprisonment, fifteen years from the day the conditional release has begun.
  4. If the convict, while on conditional release, commits one or more criminal offenses for which he is sentenced to imprisonment of six months or to a more severe sentence, the court which has pronounced the sentence shall revoke the conditional release and, by applying the provisions of Article 60 of this Code, pronounce an aggregate sentence which will include the part of the sentence the convict has already served.
  5. The court may also proceed in the way described in the previous paragraph when pronouncing a sentence of imprisonment shorter than six months. If the court does not revoke the conditional release, it shall be extended for the time the convict has spent serving the sentence of imprisonment.
  6. The conditional release may not be revoked if two years have passed from the expiry of the periods specified in paragraph 3 of this Article.
  7. Placement in community service (the type and the place of work) shall be made by the agency to execute criminal sanctions, taking into consideration the capacities and the skills of the convicted person.

Art. 41: General Rule for the Selection of the Type and Range of Punishment

In determining the type and range of punishment within limits established by this law for the committed criminal offence, the court, bearing in mind the purpose of punishment, shall take into consideration all the circumstances which result in less or more serious punishment for the perpetrator of a criminal offence (the mitigating or aggravating circumstances) and in particular the following:

a) the degree of culpability,

b) motives for committing the criminal offence,

c) the degree of peril or injury to the protected good,

d) the circumstances under which the criminal offence was committed,

e) the conditions in which the perpetrator had lived before committing the criminal offence,

d) their abidance by the laws,

e) the circumstances they live in;

f) their conduct after the perpetration of the criminal offence, particularly his relation towards the injured person and

g) their efforts to compensate for the damage caused by the criminal offence, and

h) the totality of social and personal grounds contributed to the perpetration of the criminal offence.

Art. 42: Mitigation of Punishment

  1. The punishment prescribed by law for a criminal offence may be mitigated when the statute expressly defines so or when the court holds that, given the existence of particularly obvious mitigating circumstances, the purpose of punishment may also be attained by a more lenient punishment.
  2. The limits of mitigation are the following:

a) if, for a criminal offence, imprisonment for a maximum of three years or less is prescribed, regardless of the minimum duration, a fine may be imposed instead of imprisonment;

b) if for a criminal offence, a minimum duration of imprisonment of one year or less, and a maximum of three years or more, is prescribed, the sentence may be reduced to the legal minimum of imprisonment;

c) if for a criminal offence, imprisonment for at least two years is prescribed, the sentence may be reduced to six months of imprisonment;

d) If imprisonment of at least three years or more is prescribed for a criminal offence, the sentence may be reduced to one year of imprisonment.

e) If imprisonment for at least eight or more years is prescribed for a criminal offence, the sentence may be reduced to three years of imprisonment.

Art. 43: Remission of Punishment

  1. The court is obligated to remit the perpetrator of the punishment for a committed criminal offence when expressly provided by this Law.
  2. The court may remit the perpetrator of the punishment when this Law provides for such a possibility.
  3. When the Law provides for the possibility of remission of punishment, the court may impose a more lenient sentence, and in doing so, it is not obligated to adhere to the limits prescribed by this Law.

Art. 44: Special Cased othe Remission of Punishment for Criminal Offenses Commited by Negligence

The court may remit the perpetrator of the punishment if he commits a criminal offense by negligence in the following cases:

a) if the consequences of the criminal offense affect the perpetrator so severely that the punishment is unnecessary to achieve its purpose, or

b) if, immediately after the perpetration, the perpetrator makes efforts to eliminate or reduce the consequences of the offense and if he completely or substantially compensates for the damage caused by the offense.

Art. 45: Concurrently Adjudicated Criminal Offences

  1. If the perpetrator, by one or more acts, commits several criminal offences adjudicated at the same time, the court shall assess the punishment under this Law and shall then pronounce an aggregate sentence for all these offences.
  2. The court shall pronounce an aggregate sentence according to the following rules:

a) if for a concurrently adjudicated criminal offence, the court assesses a life sentence, it shall be the only sentence pronounced,

b) if for concurrently adjudicated criminal offences, the court assesses imprisonment, the aggregate sentence of imprisonment must be longer than any individual sentence assessed but shall neither reach the sum total of the individual nor exceed twenty years of imprisonment,

c) If the court assesses imprisonment of more than ten years for two or more concurrently adjudicated criminal offences, it shall pronounce an aggregate sentence of imprisonment of twenty years or a life sentence.

d) if for each concurrently adjudicated criminal offence, imprisonment of a maximum of three years is prescribed, the aggregate sentence shall not exceed eight years of imprisonment,

e) if for concurrently adjudicated criminal offences, the court assesses fines, the aggregate penalty must be higher than any individual fine but shall neither reach the sum total of all individual fines nor exceed three hundred daily incomes or five hundred daily incomes when at least one criminal offence is committed for personal gain,

f) if for some concurrently adjudicated criminal offences, the court assesses imprisonment and fines for others, it shall impose an aggregate sentence of imprisonment and an aggregate fine according to the rules provided in this Article,

g) if for concurrently adjudicated criminal offences, the court assesses imprisonment and imprisonment for juveniles, it shall impose an aggregate sentence of imprisonment under the rules laid down in this Article.

Art. 46: Criminal Offense Arising Out of the Same Transaction

  1. The provisions of this Code regarding concurrently adjudicated criminal offenses shall not apply to a criminal offense arising out of the same transaction.
  2. A criminal offense arises out of the same transaction when the perpetrator intentionally commits a number of identical unlawful acts or unlawful acts of the same type against the same injured person in which the manner of perpetration, the temporal connection and other material circumstances connecting them constitute a whole.
  3. When a criminal offense arising out of the same transaction comprises offenses of the same statutory description, the court shall choose the type and the range of the sentence prescribed for such a criminal offense. If criminal offenses of the same type are at issue, the court shall choose the type and the range of sentence prescribed for the most serious of these offenses.

Art. 47: Selection of the Type and Range of Sentence for a Convicted Person

  1. When a convict is tried for a criminal offence committed before beginning to serve a sentence as a result of a previous conviction or for a criminal offence committed while serving imprisonment, long-term imprisonment or juvenile imprisonment, the court shall pronounce an aggregate sentence for all criminal offences, applying the provisions of this Law, taking the previously assessed sentence as already fixed. The sentence, or the part of the sentence the convict has already served, shall be included in the pronounced aggregate sentence unless the aggregate sentence is life imprisonment.
  2. When a convict is tried for a criminal offence committed while serving a sentence of imprisonment or juvenile imprisonment, and if the remaining period to be served based on the previously pronounced sentence cannot achieve the purpose of punishment, the court shall not apply the provisions of paragraph 1 of this Article, but shall determine the type and the range of punishment for the new criminal offence irrespective of the previously pronounced sentence.
  3. When a convict, while serving imprisonment, long-term imprisonment or juvenile imprisonment, commits a criminal offence for which a statutory sentence of up to one year or a lesser sentence is prescribed, a disciplinary measure shall be applied.

Art. 48: Inclusion of Pre-Trial Detention and a PReviously Served Sentence

  1. The time spent in pre-trial detention and any other deprivation of liberty due to a criminal offence shall be included in the pronounced sentence of imprisonment, long-term imprisonment, juvenile imprisonment or a fine.
  2. Imprisonment, a fine, or a fine for a contravention shall be included in the sentence for a criminal offence if the description of such an offence corresponds to the contravention for which the sentence is pronounced.
  3. The inclusion under the provisions of this Article means equating one day of pre-trial detention, a day of the second occasion of deprivation of liberty, a day of imprisonment or juvenile imprisonment and a fine equivalent to one daily income or one day in prison for a contravention. Every initial 1000.00 LLD fine or a fine for a contravention shall be equated with one day of imprisonment.

Section 4: Non-Custodial Measures

Art. 49: Types of Non-Custodial Measures

Non-custodial measures are:

a) admonition; and

b) suspended sentence.

Art. 50: Purpose of Non-Custodial Measures

  1. The purpose of admonition is to give the perpetrator of a criminal offense a reprimand when, considering all the circumstances regarding the offense and the perpetrator, a punishment does not need to be inflicted to achieve the purpose of criminal sanctions.
  2. The purpose of a suspended sanction is to give the perpetrator a reprimand which achieves the purpose of criminal sanctions by pronouncing a sentence without executing it.

Art. 51: Admonition

  1. An admonition is a criminal sanction which can be applied as a non-custodial measure to the perpetrator of a criminal offense for which a punishment of imprisonment of up to one year or a fine is prescribed if, according to the perpetrator's manner of acting, his culpability and the caused consequence, the offense is of an especially light character, and when, considering all the circumstances regarding the perpetrator and particularly his relationship towards the injured person and the compensation for damage, the conditions for the attainment of the purpose of non-custodial measures without punishment are fulfilled.
  2. For a criminal offense for which imprisonment of up to three years or a fine is prescribed, the statute may provide for the application of admonition when other conditions specified in paragraph 1 of this Article are fulfilled.
  3. Admonition may also be applied for concurrently adjudicated criminal offenses, if for each offense the conditions specified in paragraphs 1 and 2 of this Article are fulfilled.

Art. 52: Suspended Sentence

  1. A suspended sentence is a criminal sanction which, as a non-custodial measure, consists of the pronounced punishment and the term within which such a punishment shall not be executed if the convict does not commit another criminal offense and under other conditions prescribed by law.
  2. The court may apply a suspended sentence when it establishes that even without the execution of the punishment the realization of the purpose of punishment can be expected, particularly taking into account the relationship of the perpetrator towards the injured person and the compensation for the damage caused by the criminal offense.
  3. A suspended sentence may be applied to the perpetrator of a criminal offense for which the statute prescribes the imprisonment of up to five years and for criminal offenses for which the imprisonment of up to ten years is prescribed, if the provisions of mitigation of the punishment have been applied.
  4. A suspended sentence may be applied to the perpetrator of a criminal offense as specified in paragraph 3 of this Article when the court, by determining the type and the range of the punishment, pronounces imprisonment not exceeding two years or a fine, either for a single offense or for concurrently adjudicated offenses.
  5. A suspended sentence shall postpone the execution of the pronounced punishment for a period of time which cannot be shorter than one or longer than five years, and such time shall be assessed in full years only.
  6. When under conditions of this Code, both imprisonment and a fine are pronounced, the court may decide to postpone only the execution of imprisonment.

Art. 53: Obligations of the Person Under Suspended Sentence

  1. Together with imposing a suspended sentence, the court may order the following obligations: that the perpetrator of a criminal offense shall compensate for the damage he caused, that he restitutes the gain acquired by the offense, or that he fulfills other statutory obligations regarding the perpetration of the offense.
  2. The period for the fulfillment of an obligation referred to in paragraph 1 of this Article shall be determined by the court within the assessed period of probation.

Art. 54: Revocation of Suspended Sentence

  1. The court shall revoke a suspended sentence and order the execution of the pronounced punishment if the convicted person, within the period of probation, commits one or more criminal offenses for which the court has imposed imprisonment of two years or a more serious punishment.
  2. The court may revoke a suspended sentence and order the execution of the pronounced punishment if the convicted person, within the period of probation, commits one or more criminal offenses for which the court has imposed imprisonment of up to two years or a fine.
  3. When, in the cases referred to in paragraphs 1 and 2 of this Article, the court revokes a suspended sentence and orders the execution of the pronounced punishment, it shall act pursuant to the provisions of this Code on the assessment of punishment for the concurrently adjudicated offenses.
  4. When the court does not revoke a suspended sentence (paragraph 2), it may for the new criminal offense impose a punishment or a suspended sentence. If it imposes a suspended sentence, both the previously pronounced and the newly pronounced punishment shall be treated pursuant to the provisions of this Code on the assessment of punishment for the concurrently adjudicated offenses, but a new term within which such an aggregate punishment will be suspended shall be determined.
  5. The court shall revoke a suspended sentence and order the execution of the pronounced punishment if the convicted person, within the course of the probation period, does not fulfill the obligations imposed on him in cases where he could have fulfilled them. In the case of the impossibility of fulfilling the obligations, the court may replace such obligations with others, or relieve the convicted person of the obligations.
  6. The court shall revoke a suspended sentence when, after its imposition, it finds that the person under a suspended sentence has previously committed a criminal offense, if it deems that the conditions required for the application of a non-custodial measure would not have existed had this criminal offense been known. Both the pronounced punishment in the case of revocation of a suspended sentence and the punishment for the previously committed criminal offense shall be treated pursuant to the provision of paragraph 3 of this Article. If the court does not revoke a suspended sentence, it shall act pursuant to the provision of paragraph 4 of this Article.
  7. Regardless of the reasons for revocation, a suspended sentence may not be revoked after a period of two years has elapsed.

Art. 55: A Suspended Sentence with Supervision

  1. When the conditions to impose a suspended sentence exist but the circumstances in which the perpetrator lives and his personality suggest that he needs assistance, protection or supervision in order to fulfill the obligation not to commit another criminal offense within the period of probation, the court may impose a suspended sentence with supervision.
  2. The supervision shall be performed by experts of a governmental body responsible for the execution of criminal sanctions.
  3. The supervision may last throughout the period of probation, but may also, by court order, be canceled sooner if the requirements for assistance, protection and supervision have ceased to exist.

Art. 56: Special Obligations Accompanying Suprevision

When pronouncing a suspended sentence with supervision, the court may, beside the obligations specified in this Law, order the perpetrator to fulfill one or more obligations during the probation period, such as:

a) to undertake vocational training for a certain profession which he chooses with the professional assistance of a probation officer;

b) to accept the employment which corresponds to his professional qualifications, skills and actual abilities to perform the working tasks suggested or offered to him by a probation officer;

c) to dispose of his income in accordance with the needs of persons he is bound to provide for under law and in accordance with advice offered by the probation officer;

d) to undergo medical treatment necessary to eliminate physical or mental disorders which may induce the perpetration of a new criminal offense;

e) participation in the process of psychosocial therapy in specialized institutions within the framework of competent state bodies in order to eliminate violent behavior,

f) to avoid visiting certain places, bars and events which could offer an opportunity and motive to commit another criminal offense;

g) to regularly keep in touch with the probation officer so as to be able to report on the circumstances which could induce the perpetration of another criminal offense.

Art. 57: Revocation of a Suspended Sentence With Suprevision

In the case of revocation of a suspended sentence with supervision, the provisions of this Code on the revocation of a suspended sentence shall apply, with the proviso that special obligations accompanying supervision shall be treated in the same way as any other obligations accompanying a suspended sentence.

Section 5: Security Measures

Art. 58: Types of Security Measures

Security measures are:

a) compulsory psychiatric treatment;

b) compulsory treatment of addiction;

c) prohibition to engage in a profession, activity or duty;

d) prohibition to drive a motor vehicle;

e) expulsion of aliens; and

f) forfeiture.

Art. 59: The Purpose of Security Measures

The purpose of security measures is to eliminate the conditions which enable or encourage the perpetration of another criminal offense.

Art. 60: Compulsory Psychiatric Treatment

  1. The security measure of compulsory psychiatric treatment may be applied only to a perpetrator who commits a criminal offence in a state of diminished mental capacity if there is a danger that the causes of such a state may in the future also induce the perpetration of another criminal offence.
  2. The security measure of compulsory psychiatric treatment may, under the conditions provided in paragraph 1 of this Article, be carried out during imprisonment or with community service or a suspended sentence.
  3. The compulsory psychiatric treatment shall last until the termination of the reasons for which it has been ordered, but in any event, no longer than the punishment of imprisonment, the expiry of the probation period accompanying a suspended sentence, and the completion of community service. In any of the above cases, compulsory psychiatric treatment may not exceed three years.
  4. Under the conditions provided in paragraph 2 of this Article, after a convicted person has been conditionally released, his compulsory psychiatric treatment may continue outside an institution. His conditional release shall be revoked if he does not continue the treatment.
  5. The perpetrator of a criminal offence who does not submit himself to psychiatric treatment while serving a suspended sentence and does not fulfil the obligations accompanying this non-custodial measure may be treated under the provision of this Law. The execution of imprisonment may be ordered against the perpetrator of a criminal offence who fails to submit himself to compulsory psychiatric treatment while performing community service as a substitute for imprisonment.

Art. 61: Compulsory Treatment of Addiction

  1. The security measure of the compulsory treatment for addiction may be ordered for a perpetrator who commits a criminal offense under the decisive influence of addiction to alcohol or to narcotic drugs if there is a danger that due to such an addiction he will repeat the offence.
  2. Under the conditions provided for in paragraph 1 of this Article, the security measure of compulsory treatment for addiction may be ordered along with the same criminal sanctions, for the same duration, and in the same manner as prescribed by this Code for the security measure of compulsory psychiatric treatment.
  3. The perpetrator of a criminal offense who does not submit himself to the compulsory treatment for addiction while under a suspended sentence and who does not fulfill the obligations accompanying this non-custodial measure shall be treated pursuant to the provision of Article 69, paragraph 5 of this Code.
  4. As in the case referred to in Article 54, paragraph 5 of this Code, the execution of imprisonment shall be ruled against the perpetrator of a criminal offense who does not submit himself to the compulsory treatment for addiction while performing community service.

Art. 62: Prohibition to Engage in a Profession, Activity or Duty

  1. The security measure of prohibition to engage in a profession, activity or duty may be ordered against a perpetrator who commits a criminal offense in carrying out his profession, activity or duty if there is a danger that such a role could induce the perpetration of another criminal offense through the abuse of the profession, activity or duty.
  2. The security measure of prohibition to engage in a profession, activity or duty shall be ordered for a period which may not be shorter than one or longer than five years, counting from the date the judgment becomes final, with the proviso that the time served in prison will not be included.
  3. The provisions regarding the Suspension of Sentence shall be applied against the perpetrator of a criminal offense who is prohibited to engage in a profession, activity or duty while performing community service or serving a suspended sentence if he does not act in accordance with such a prohibition.

Art. 63: Prohibition to Operate a Motor Vehicle

  1. The security measure of prohibition to operate a motor vehicle shall be ordered against the perpetrator of a criminal offense against traffic safety if there is a danger that by operating a motor vehicle he will commit such a criminal offense again.
  2. Under the conditions provided for in paragraph 1 of this Article, the prohibition to operate a motor vehicle shall apply either to a specific type or to all types of motor vehicles.
  3. The security measure of prohibition to operate a motor vehicle shall be ordered for a period which may not be shorter than one or longer than five years, counting from the date the judgment becomes final, with the proviso that the time served in prison shall not be included.
  4. The provisions regarding the Suspension of Sentence shall be applied against the perpetrator of a criminal offense who is prohibited to operate a motor vehicle while performing community service or serving a suspended sentence if he does not act in accordance with such a prohibition.

Art. 64: Expulsion of an Alien

  1. The security measure of expulsion of an alien may be ordered against a perpetrator of a criminal offense who is not a citizen of the Republic of Croatia, provided that there is a danger that he will commit a criminal offense.
  2. The security measure of the expulsion of an alien shall be ordered for a period which shall not be shorter than one or longer than ten years, counting from the date the judgment becomes final, with the proviso that the time served in prison shall not be included.
  3. Against the perpetrator of a criminal offence for which long-term imprisonment is prescribed, the security measure of expulsion may be ordered for life.

Art. 65: Forfeiture

  1. The security measure of forfeiture may be ordered with regard to an object which was designed for, or used in, the perpetration of a criminal offense, or came into being by the perpetration of a criminal offense, when there is a danger that the object will be used again for the perpetration of a criminal offense or when the purpose of protecting the public safety or moral reasons make the forfeiture of such an object seem absolutely necessary.
  2. The implementation of this security measure does not affect the right of redress of third persons from the perpetrator.
  3. In certain cases, the law may prescribe mandatory forfeiture.

Art. 66: Inclusion of Protective Measures Imposed for Contraventions

Protective measures applied for contraventions against the perpetrator of a criminal offense which in their substance correspond to the security measures referred to in this Chapter of the Code shall be included in the security measure ordered for a criminal offense whose description corresponds to the offense for which the measure was ordered.

Section 6: Confiscation of Pecuniary Gain, Public Announcement of Judgement, Legal Consequences of Conviction, Rehabilitation, Amnesty and Pardon

Art. 67: Confiscation of Pecuniary Gain Acquired by a Criminal Offense

  1. The court shall confiscate a pecuniary gain acquired by means of a criminal offense.
  2. The confiscation of a pecuniary gain shall be ordered by a court decision establishing that a criminal offense has been committed. If it is impossible to seize in full or in part the pecuniary gain consisting of money, securities or objects, the court shall obligate the perpetrator of the criminal offense to pay the equivalent sum of money.
  3. The pecuniary gain shall also be confiscated if it is in possession of a third party on any legal ground and it has not been acquired in good faith.
  4. If an injured party has been granted his claim of ownership, the court shall confiscate only the part of the pecuniary gain which exceeds the granted claim.
  5. The court shall confiscate the pecuniary gain even if the injured party is instructed to claim his right in a civil action. If this is the case, the injured party may be reimbursed from the forfeited pecuniary gain if he has instituted a civil action within a period of six months from the date the decision establishing his right to reimbursement from the forfeited pecuniary gain became final.
  6. An injured party who, in the course of criminal proceedings, has not submitted a motion to realize his claim of ownership, he may request reimbursement from the forfeited pecuniary gain if he initiates a civil action within three months following the final decision on the forfeiture of the pecuniary gain, and not later than two years after the decision on the forfeiture of the pecuniary gain became final, or if, within three months from the day of finality of the decision establishing his right, he requests reimbursement.

Art. 68: Public Announcement of the Judgement

  1. In a judgment pronouncing the perpetrator culpable of a criminal offense committed through public media, the court may order that such a judgment be publicly announced at the cost of the perpetrator.
  2. By ordering the means, the time, the manner and other circumstances of the public announcement of the judgment, the court shall ensure that these circumstances correspond to the circumstances of the publication of the matter by which the criminal offense was committed.

Art. 69: Legal Consequences of Conviction

  1. The legal consequences of conviction for a committed criminal offense may be prescribed only by this Law or the Constitution.
  2. The legal consequences that may be prescribed are the following:

a) termination of employment;

b) termination of the performance of certain jobs in governmental bodies or prohibition of being engaged in such jobs;

c) deprivation of military rank; and

d) deprivation of state decorations and awards.

  1. The legal consequences shall become effective only if the perpetrator of an intentional criminal offense is sentenced to imprisonment of a minimum of one year, and provided that a suspended sentence has not been ordered.
  2. The legal consequences shall become effective on the day the judgment establishing the perpetration of a criminal offense and the pronouncement of the sentence pursuant to paragraphs 1 and 2 of this Article becomes final.
  3. The prohibition to take a government job shall expire five years after the legal consequences have become effective.

Art. 70: Rehabilitation

  1. After the punishment of imprisonment, long-term imprisonment or imprisonment of juveniles has been served, remitted, or purged by the statute of limitations, the convicted persons shall exercise all citizens' rights determined by the Constitution, statute or other legal provisions and shall acquire all the rights other than those that are limited as a result of a security measure or a legal consequence of the conviction.
  2. The provision of alinea 1 of this Article shall also apply to the perpetrator of a criminal offense against whom a non-custodial measure was ordered or whose sentence was remitted.
  3. The provision of alinea 1 of this Article shall also apply to persons on parole, unless their rights are limited by special regulations on parole from serving a prison sentence.
  4. On the expiry of the terms referred to in alinea 5 of this Article, the perpetrator of a criminal offense shall be deemed free of convictions and any use of data about the citizen as a perpetrator of a criminal offense shall be prohibited and, if used, shall produce no legal consequences. A rehabilitated citizen shall have the right to deny having been formerly convicted and shall not be called to account for that reason or suffer any legal consequences therefrom.
  5. Provided that the perpetrator of a criminal offense is not reconvicted for another criminal offense, rehabilitation shall, by operation of law, become effective after the expiry of the following terms:

a) fifteen years from the expiry of the conditional release of a convict serving a life sentence or from a life sentence pardon;

b) ten years from the day of a served, expired, or remitted sentence in the case of a sentence to ten years of imprisonment, or a more serious sentence;

c) five years from the day of a served, expired, or remitted sentence, in the case of a sentence to five years of imprisonment or a more serious sentence;

d) three years from the day of a served, expired or a remitted sentence, in the case of a sentence to five years of imprisonment, imprisonment of juveniles or a fine, from the expiry of probation in the case of a suspended sentence and from the finality of the decision on admonition or remission of sentence.

Art.71: Criminal Record Data

  1. Criminal record data may be given only to courts and State Attorney's offices when criminal proceedings are conducted against the person for whom such data are sought or when the proceedings for his pardon are pending.
  2. Criminal record data may, in exceptional circumstances, be given to governmental bodies at their reasoned request and in connection with certain jobs and tasks in public service to be entrusted to the person for whom such data are requested.
  3. Within the framework of their statutory powers, criminal records may also be used by police for the purpose of discovering the perpetrator of a criminal offence. The data in question shall be considered a professional secret.
  4. No one has the right to demand that citizens submit evidence about their being convicted or not convicted.
  5. A citizen shall have the right to demand data from the criminal record for his own use, only upon proof that such data are required to exercise his rights in a foreign state.

Book 2: Special Part

Section 1: Criminal Offences against Life and Personal Integrity

Art. 72: Murder

Whoever kills another person with malice or afterthought shall be punished by imprisonment for not less than five years.

Art. 73: Aggravated Murder

Punishment by imprisonment for not less ten years or by long-term imprisonment shall be imposed on a person who:

a) murders a child or a minor;

b) murders a pregnant woman;

c) murders another and by doing so intentionally endangers the life of one or more persons;

d) murders another in a very cruel or treacherous way;

e) murders from greed;

f) murders another in order to commit or to cover up another criminal offense;

g) murders a judge or a Supreme Court Justice, a lay judge, the State Attorney, a deputy of the State Attorney or an attorney in the execution of their duties;

h) murders an official person at the time when such a person acts in the execution of his duty of protecting the constitutional order, safeguarding persons or property, discovering criminal offenses, bringing in, arresting or preventing the escape of a perpetrator of a criminal offense, applying criminal sanctions and measures and keeping public order and peace.

Art. 74: Manslaughter

Whoever kills another on the spur of the moment, after being brought without his fault into a state of strong irritation or fright by another person's attack, maltreatment or serious insult, shall be punished by imprisonment for one to ten years.

Art. 75: Infanticide

A mother who kills her child during or immediately after birth shall be punished by imprisonment for one to eight years.

Art. 76: Killing on Request

Whoever kills another upon his express and earnest request shall be punished by imprisonment for one to eight years.

Art. 77: Negligent Homicide

Whoever causes the death of another person by negligence shall be punished by imprisonment for six months to five years.

Art. 78: Participating in Suicide

  1. Whoever induces or assists another in committing suicide which is accomplished or attempted shall be punished by imprisonment for six months to five years.
  2. Whoever induces or assists a juvenile person in committing suicide, or induces or assists in committing suicide a person whose capability of understanding his own acts and of controlling his own will is significantly diminished, and the suicide is accomplished or attempted shall be punished by imprisonment for one to eight years.
  3. Whoever induces or assists a child in committing suicide or whoever induces or assists a person who is not capable of understanding the significance of his act, or could not control his own will so that the suicide is attempted or accomplished, shall be punished pursuant for Murder.
  4. Whoever treats a person who is in a state of subordination or dependence in a cruel or inhuman way and thereby negligently causes the suicide of that person shall be punished by imprisonment for three months to three years.

Art. 79: Unlawful Termination of Pregnancy

  1. Whoever, contrary to the regulations on the termination of pregnancy, commences the termination, terminates or assists a pregnant woman in terminating her pregnancy with her consent shall be punished by imprisonment for six months to three years.
  2. Whoever commences the termination or terminates pregnancy without the consent of the pregnant woman shall be punished by imprisonment for one to eight years.
  3. Whoever commits the criminal offense referred to in paragraph 1 of this Article after the tenth week since conception shall be punished by imprisonment for six months to five years.
  4. Whoever commits the criminal offense referred to in paragraph 2 of this Article after the tenth week since conception shall be punished by imprisonment for three to ten years.
  5. If, by the criminal offense referred to in paragraphs 1 and 3 of this Article, the woman's death is caused, or her health is severely impaired, the perpetrator shall be punished by imprisonment for one to eight years.
  6. If, by the criminal offence referred to in paragraphs 2 and 4 of this Article, the woman's death is caused, or her health is severely impaired, the perpetrator shall be punished by imprisonment for five to fifteen years.

Art. 80: Bodily Injury

§ 1

Whoever inflicts bodily injury on another or impairs a person's health shall be punished by a fine or by imprisonment not exceeding three year.

§ 2

  1. Whoever inflicts a serious bodily injury on another or severely impairs a person's health shall be punished by imprisonment for six months to five years.
  2. If bodily injury is inflicted on a person, or if a person's health is impaired so severely that

a) the life of the injured person is endangered;

b) an important part of the person's body or an important organ of the person is permanently weakened to a significant degree or destroyed;

c) permanent work disability is caused to the injured person,

d) permanent and severe damage to his health or permanent disfigurement is caused;

the perpetrator shall be punished by imprisonment for one to ten years.

  1. If the injured person dies due to serious bodily injury, the perpetrator shall be punished by imprisonment for three to fifteen years.

§ 3

  1. Whoever inflicts serious bodily injury or another, or severely impairs a person's health on the spur of the moment, after being brought without his fault into a state of strong irritation or fright by another person's attack, maltreatment or serious insult shall be punished for three months to three years.
  2. Whoever inflicts particularly serious bodily injury on another, or very seriously impairs a person's health on the spur of the moment, after being brought without his fault into a state of strong irritation or fright by a person's attack, maltreatment or serious insult, shall be punished by imprisonment for six months to five years.
  3. If the criminal offence of bodily injury resulting in death is committed on the spur of the moment, the perpetrator shall be punished by imprisonment for one to eight years.

Art. 81: Negligent Bodily Injury

Whoever inflicts serious bodily injury by negligence shall be punished by a fine or by imprisonment not exceeding three years.

Art. 82: Institution of Criminal Proceedings for Criminal Offenses of Bodily Injury

Criminal proceedings for the criminal offense of bodily injury shall be instituted upon a private charge.

Art. 83: Participation in an Affray

  1. Whoever participates in an affray which results in the death or serious bodily injury of one or more persons shall be punished by a fine or by imprisonment not exceeding three years for the act of merely participating in the affray.
  2. The criminal offense referred to in paragraph 1 of this Article shall not apply if the person who has participated in the affray has been involved in it without his fault or merely to defend himself or to separate other participants in the affray.

Art. 83: Failure to Render Aid

  1. Whoever fails to render aid to a person in immanent mortal danger, although he could have done so without subjecting himself or another to serious danger, shall be punished by a fine or by imprisonment not exceeding one year.
  2. Whoever leaves another without aid in mortal danger caused by himself shall be punished by a fine or by imprisonment not exceeding three years.
  3. If, by the criminal offence referred to in paragraph 2 of this Article, the death of the person exposed to such danger is caused, or a serious bodily injury is inflicted on such a person, or if his health is severely impaired, the perpetrator shall be punished by imprisonment for one to five years.

Art. 84: Deserting a Helpless Person

  1. Whoever deserts a helpless person entrusted to him or whoever leaves a person he is responsible for unassisted and in the circumstances dangerous for life or health shall be punished by imprisonment for three months to three years.
  2. If, due to the criminal offense referred to in paragraph 1 of this Article, the death of the deserted person is caused, or such a person suffers serious bodily injury, or his health is severely impaired, the perpetrator shall be punished by imprisonment for one to five years.

Section 2: Criminal Offences Agaisnt the Freedom and Rights of Man and Citizen

Art. 85: Violation of the Equality of Citizens

  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

a) race;

b) color;

c) sex;

d) language;

e) religion;

f) political or other opinion;

g) national or social origin;

h) property;

i) birth;

j) education;

k) social status or other characteristics; or

l) affiliation to an ethnic or national community or minority in Liberland; 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.

  1. 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.
  2. Whoever, contrary to the regulations regarding the use of a language and script, denies or deprives a citizen of the right to freely use his own language and script shall be punished by a fine or by imprisonment not exceeding one year.

Art. 86: Violation of the Freedom of Expression

  1. Whoever denies or limits freedom of speech or public appearance, the incorporation of companies, funds or institutions of public communication, freedom of the press or other media of communication 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 a person who orders or implements censorship or denies or restricts a journalist's access to information or his freedom of reporting, unless there is a question of a state, military or official secret.

Art. 87: Violating the Right to Peaceful Assembly and Public Protest

  1. Whoever denies or limits the right of citizens to peaceful assembly or public protest which is in conformity with the law 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 prevents or disrupts the peaceful assembly or public protest of citizens which is in conformity with the law.

Art. 88: Violation of the Freedom of Association

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.

Art 89: Violation of the Freedom of Religion

  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 Liberland, 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.

Art. 90: Violation of the Right to Strike

Whoever denies or limits the right to strike which is organized and carried out in conformity with the law shall be punished by a fine or by imprisonment not exceeding one year.

Art. 91: Violation of the Right to Submit Complaints and Petitions

An official or a responsible person who abuses his position or authority and prevents another person from exercising his right to submit an appeal, objection, request, petition or complaint shall be punished by a fine or by imprisonment not exceeding one year.

Art. 92: Restriction of Printing and Distributing Printed Materials and of Broadcasting

Whoever unlawfully restricts the printing, sale or distribution of books, journals, newspapers or other printed materials, or the producing and broadcasting of radio and television programs, as well as news agencies' programs, shall be punished by a fine or by imprisonment not exceeding one year.

Art. 93: Violation of the Right to Work and Other Labor - Related Rights

  1. Whoever denies or limits the right of a citizen to work, the freedom of work, the free choice of vocation or occupation, access to a work place and to duties offered to everyone under the same terms, the right to earnings, or who without a justified reason denies earnings to a worker within the prescribed period of time, social security, retirement or disability rights or who does not register a worker with the bodies of health, retirement and disability insurance, or who does not observe working hours and time off regulated by law, the rights of specific groups of workers to special protection, the rights resulting from unemployment, the rights related to labor, maternity and child care or other labor-related rights stipulated by law, a court decision or collective agreement shall be punished by imprisonment for three months to three years.
  2. The punishment referred to in paragraph 1 of this Article shall be inflicted on those who do not enforce a final court decision to make it possible for a worker to return to his job.

Art. 94: Violation of the Right to Health Care and Disability Protection

Whoever denies or deprives a citizen of the right to health care and disability protection stipulated by the law shall be punished by a fine or by imprisonment not exceeding one year.

Art. 95: Violation of the Freedom to Vote

Whoever, by force, serious threat, bribery or in some other illegal way influences a voter to vote for or against a certain candidate in elections, or to vote for or against the recall of a candidate, or to vote for or against a certain proposal in a referendum, or not to vote at all, shall be punished by a fine or by imprisonment not exceeding one year.