SPECIAL PART
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.
SPECIAL PART
34. CRIMES AGAINST HUMANITY AND INTERNATIONAL LAW
Approving or justifying of a genocide, crimes against humanity or military crimes
Article 407-a
(1) One that will publicly negate, roughly minimize, approve and justify the crimes stipulated in the articles 403 through 407, through an information system, shall be sentenced with imprisonment of one to five years.
(2) If the negation, minimizing, approval or the justification is performed with intention to pour hate, discrimination or violence against a person or group of persons due to their national, ethnic or racial origin or religion, the perpetrator, shall be sentenced with imprisonment of at least four years.
SPECIAL PART
34. CRIMES AGAINST HUMANITY AND INTERNATIONAL LAW
Organizing group and urging for commitment of genocide and war crimes
Article 416-a
(1) One who will organize a group with an intention to commit crimes stipulated in the articles 403 through 416, shall be sentenced with imprisonment of at least eight years.
(2) One who will become a member of the group stipulated in paragraph 1, shall be sentenced with imprisonment of at least four years.
(3) Member of the group stipulated in the paragraph 2, who will disclose the group before he/she commits crime as its member or in its behalf, shall be pardoned.
(4) One that calls on or urges for commitment of the crimes stipulated in the articles 403 through 416, shall be sentenced with imprisonment of one to ten years.
''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
''Approving or justifying genocide, crimes against humanity or war crimes, Article 407-a''
(1) The person that shall deny, minimize, approve or justify the criminal activities defined
in Articles 403 to 407 by using public information system shall be given a prison sentence
of 1 to 5 years.
(2) If the denying, minimizing, approval or justification has been performed
to stimulate hatred, discrimination or violence against some person or group of persons
because of their race, skin color, nationality, ethnicity, religion or persuasion, mental
or physical difficulty, sex, gender identity, sexual orientation and political persuasion,
the perpetrator shall be punished with imprisonment of at least four years
''Abuse of international signs, Article 416''
1) A person who abuses or without authorization carries the flag or the sign of the
United Nations Organization, or the signs or flag of the Red Cross, or signs that
correspond to them, international telecommunication signs, signs of cultural heritage or
other acknowledged international signs with which certain facilities are marked, shall be
punished with imprisonment of three months to three years.
2) The punishment from paragraph (1) shall also apply to the person that by misusing a
ceasefire flag, military signs or an enemy’s uniform shall instigate death or grievous
bodily harm to another person.
(3) A person, who commits the crime from paragraphs 1 and 2 in a zone of military
operations, shall be punished with imprisonment of six months to five years
No obsolescence for the crimes of genocide and war crimes Article 112
The criminal prosecution and the execution of punishment do not become obsolete for crimes foreseen in articles 403 to 407-b and 416-a, as well as for crimes for which no obsolescence is foreseen with ratified international conventions.
Organizing a group and instigating genocide and war crimes Article 416-a
(1) The One who organizes a group for performing crimes from Article 403 to 416 shall be punished with imprisonment of up to eight years.
2) The One who shall become member of the group from paragraph (1) shall be punished with imprisonment of at least four years.
3) The Member of the group from paragraph (2), who shall disclose the group before the crime was committed, shall be acquitted of punishment.
4) The one who provokes or instigates on performance of crimes from Article 403 to 416 shall be punished with imprisonment of one to ten years.
1. Subject to article 110, the Court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this Statute:
(a) Imprisonment for a specified number of years, which may not exceed a maximum of 30 years; or
(b) A term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted person.
2. In addition to imprisonment, the Court may order:
(a) A fine under the criteria provided for in the Rules of Procedure and Evidence;
(b) A forfeiture of proceeds, property and assets derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties.