GENERAL PART

3. PUNISHMENTS

3.1. The aim of punishment, the types of punishments and conditions for pronouncing them

Imprisonment

Article 35

(1) Imprisonment may not be shorter than thirty days, or longer than 15 years. For the crimes for which the law prescribes a life imprisonment sentence, a sentence of imprisonment of up to 20 years may be applied.

(2) If a punishment of 15 years of imprisonment is prescribed for a premeditated crime, a punishment of life imprisonment may be prescribed for severe forms of this crime.

(3) The punishment of life imprisonment may not be prescribed as the only main punishment.

(4) The punishment of life imprisonment may not be pronounced for an offender who at the time the crime was committed has not attained the age of 21 years.

SPECIAL PART

31. CRIMES AGAINST THE JUDICIARY

Submitting false evidence

Article 366-a

(1) One that in procedure in front of a court or in administrative procedure will submit evidence for which he/she knows that are false, shall sentenced with imprisonment of one to three years.

(2) The sentence stipulated in paragraph 1 shall be imposed on one that will remove or destroy evidence that are significant for a procedure in front of a court or in administrative procedure.

SPECIAL PART

31. CRIMES AGAINST THE JUDICIARY

Giving a false statement

Article 367

(1) A witness, expert, translator or interpreter who gives a false statement before the court or in an administrative, petty offense or disciplinary procedure, shall be punished with a fine, or with imprisonment of up to three months.

(2) The punishment from item 1 shall apply also to a party which gives a false statement when presenting evidence by interrogation of the parties in a process or administrative procedure, and the decision made in this procedure is based on this statement.

(3) If the false statement from item 1 is given in a criminal proceeding, the offender shall be punished with imprisonment of three months to five years.

(4) If because of the crime from item 3, especially serious consequences were caused for the accused, the offender shall be punished with imprisonment of one to ten years.

(5) If the offender calls off his false statement of own volition, before a decision that has come into effect is passed, he may be acquitted from punishment.

SPECIAL PART

31. CRIMES AGAINST THE JUDICIARY

Preventing the collection of evidence

Article 368

(1) A person who with the intention of preventing or hindering the collection of evidence, hides, destroys, damages or makes useless, partially or completely, another's document or object that is serves as evidence, shall be punished with a fine, or with imprisonment of up to one year.

(2) The punishment from item 1 shall apply also to a person who, with the same intention, removes, destroys, damages, shifts or moves a boundary, land-measurement or other sign, regarding ownership, or some other right based on real estate or the rights for the use of water, or to a person who with the same intention falsely sets up such a sign.

SPECIAL PART

31. CRIMES AGAINST THE JUDICIARY

Illegal influence on witnesses

Article 368-a

(1) One who will influence on some person to appear or not to appear as a witness in a procedure in front of a court or in administrative procedure or is called as a witness to give or not to give statement i certain sense, using threat on the life or the body or on the property in greater scope, offering bribe, disruption or in any other way, shall be sentenced with imprisonment of one to three years.

(2) The sentence stipulated in paragraph 1 shall be also imposed to one that, for revenge for the statement given by the person called as a witness, will revoke some right, mistreat or cause physical injury to the person called as a witness or a person close to him/her.

(3) If especially severe consequences occurred on the defendant in criminal procedure or the witness or a person close to him/her suffered severe physical injury, shall be sentenced with imprisonment of one to ten years.

SPECIAL PART

31. CRIMES AGAINST THE JUDICIARY

Escape of an arrested person

Article 371

A person who escapes from an institution in which he is deprived of freedom by a lawful decision, by using force or a serious threat to directly attack upon the life or body of another, shall be punished with imprisonment of three months to five years.

SPECIAL PART

31. CRIMES AGAINST THE JUDICIARY

Unlawful usurpation of objects during search or in a procedure for execution

Article 374

An official person who, during the search of a home, premises or persons, or in a procedure of execution, unlawfully takes away another's movable object, with the intention of usurpation, shall be punished with imprisonment of one to ten years.

SPECIAL PART

31. CRIMES AGAINST THE JUDICIARY

Coercion against a judiciary employee

Article 375

(1) A person who by force or by serious threat, coerces a judge, a jury-judge, a public prosecutor, a public legal officer, or their deputy, to do, not to do, or to endure something, shall be punished with a fine, or with imprisonment of up to three years.

(2) If during performing of the crime, the persons from paragraph 1, or persons close to them, suffered physical injury, the perpetrator shall be sentenced with imprisonment of one to ten years.

(3) The attempt of the crimes stipulated in the paragraph 1, 2 and 3 is punishable.

SPECIAL PART

33. CRIMES AGAINST THE PUBLIC ORDER

Conspiracy to commit a crime

Article 393

(1) A person who conspires with another to commit a crime, for which a punishment of imprisonment of three years or more may be pronounced, shall be punished with a fine, or with imprisonment of up to one year.

(2) The sentence stipulated in paragraph 1 shall be also imposed to one that will agree to a crime for which imprisonment of four years or more severe sentence is provided.

SPECIAL PART

34. CRIMES AGAINST HUMANITY AND INTERNATIONAL LAW

Misuse of chemical or biological weapons

Article 407-b

(1) One that will produce or improve, purchase, house, sell or buy, or mediate in buying or selling, owns, transfers or transports chemical or biological weapons or any type of war device forbidden by the rules of the international right, shall be sentenced with imprisonment of three months to three years.

(2) One who, during a war or armed conflict, will order use of chemical or biological weapons or any type of war device or will fight in a manner that is forbidden by the rules of the international law, shall be sentenced with imprisonment of at least one year.

(3) If as a result of the crime stipulated in paragraphs 1 and 2, death of larger number of people occurs, the perpetrator shall be sentenced with imprisonment of at least five years or life sentence.

(4) The objects of the paragraphs 1 and 2 and the means for their production shall be confiscated.

SPECIAL PART

34. CRIMES AGAINST HUMANITY AND INTERNATIONAL LAW

Cruel behavior with wounded, ill or with prisoners of war

Article 412

A person who by violating the rules of international law behaves cruelly with the wounded, the ill or with the prisoners of war, or who makes it impossible or who prevents them from using the rights which belong to them according to those rules, shall be punished with imprisonment of six months to five years.

SPECIAL PART

34. CRIMES AGAINST HUMANITY AND INTERNATIONAL LAW

Unjustified delay in repatriation of prisoners of war

Article 413

A person who by violating the rules of international law, after the termination of the war or the armed conflict, orders or executes an unjustified delay in the repatriation of the prisoners of war or of civilians, shall be punished with imprisonment of six months to five years.

SPECIAL PART

34. CRIMES AGAINST HUMANITY AND INTERNATIONAL LAW

Instigation to aggressive war

Article 415

A person who calls out or instigates to aggressive war shall be punished with imprisonment of one to ten years.

SPECIAL PART

34. CRIMES AGAINST HUMANITY AND INTERNATIONAL LAW

Abuse of international signs

Article 416

(1) A person who abuses or without authorization carries the flag or the sign of the Organization of the United Nations, 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 sentence stipulated in paragraph 1 shall be also imposed to one that misusing truth flag, war signs or uniform of the enemy will cause death or severe body injury to some person.

(3) A person, who commits the crime from item 1 and 2 in a zone of military operations, shall be punished with imprisonment of six months to five 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.

''GENERAL PART, 3. PUNISHMENTS, Imprisonment, Article 35''
(1) Imprisonment may not be shorter than thirty days, or longer than 20 years. For
crimes
Commented [OC118]: Fine
(1) punishable with life imprisonment, a punishment of 40 year imprisonment
may be imposed.
(2) If a punishment of 20 years of imprisonment is prescribed for a premeditated
crime, a punishment of life imprisonment may be prescribed for severe forms of
this crime.
(3) The punishment of life imprisonment may not be prescribed as the
only main punishment.
(4) The punishment of life imprisonment may not be pronounced for an
perpetrator who at the time the crime was committed has not attained the age of
21 years

''GENERAL PART, 3. PUNISHMENTS, Imprisonment, Article 35''

(4) The punishment of life imprisonment may not be pronounced for an
perpetrator who at the time the crime was committed has not attained the age of
21 years.

''GENERAL PART, 3. PUNISHMENTS, Parole, Fine, Article 38-b''
(4) The court shall determine the duration of the prohibition provided in paragraph
1 above, this period of time may neither be shorter than one nor longer than ten
years as of the day the verdict has come into effect. Time served in prison shall
not be considered as included in the period of time determined for the prohibition
itself.

''Chapter 6-a, PUNISHMENT OF LEGAL ENTITIES, Meting Out a Fine, Article 96-g''

(1) The legal entity shall be punished with a fine in the amount of a maximum of
500.000 denars for the criminal acts for which a fine or imprisonment of up to three
years have been prescribed, if theact has been perpetrated out of benefit or has
resulted in high scale damages, up to double the amount
of the caused damage or realized benefit.

''Submitting false evidence, Article 366-a''

1) The person that shall intentionally submit false evidence before the court or
during an administrative procedure shall be given a prison sentence of one to three
years.
2) The punishment from paragraph (1) also applies to the person that shall either
remove or destroy evidence significant to the court procedure or administrative
procedure

''Giving a false statement, Article 367''

(1) A witness, expert, translator or interpreter who gives a false statement before
the court, public prosecutor, notary public, a certified enforcer, administrative body
or another body that adopts decisions in a legally determined procedure shall be
punished with a fine, or with imprisonment of up to three months.
2) The punishment from paragraph 1 from the present Article shall apply also to an
expert that provides a false opinion and findings in the cases determined by law, or
upon request of an interested person- requestor.
(3) The punishment referred to in paragraph (1) shall be applied to a party that by
providing evidence in a hearing with third parties, in a litigation or administrative
procedure shall provide false statement on which the decision adopted in that
procedure is based.
4) If the false statement from paragraph (1) from the present Article has been
provided in a criminal procedure, the perpetrator shall be punished:
1) with imprisonment of one to three years if for the criminal act for which a
criminal procedure is being carried out, a punishment of imprisonment of six months
to five years has been prescribed;
2) with imprisonment of one to five years if for the criminal act for which a criminal
procedure is being carried out, a punishment of imprisonment of up to ten years
has been prescribed;
3) with imprisonment of at least four years if for the criminal act for which a
criminal procedure is being carried out, a punishment of imprisonment of twenty
years or life imprisonment has been prescribed;
5) If because of the crime from paragraph 3, of the present Article a conviction was
adopted or there were especially serious consequences for the accused, the
perpetrator shall be punished with imprisonment of one to ten years.
6) If the perpetrator of the act referred under paragraphs (1), (2) and (3) of the
present Article calls off their false statement of own volition, before a decision that
has come into effect is passed, they may be acquitted from punishment

''Preventing the collection of evidence, Article 368''

(1) A person who with the intention of preventing or hindering the collection
of evidence, hides, destroys, damages or makes useless, partially or completely,
another's document or object that is serves as evidence, shall be punished with a
fine, or with imprisonment of up to one year.(2) The punishment from paragraph 1
shall apply also to a person who, with the same intention, removes, destroys,
damages, shifts or moves a boundary, land-measurement or other sign, regarding
ownership, or some other right based on real estate or the rights for the use of
water, or to a person who with the same intention falsely sets up such a sign.

''Obstruction of Justice, Article 368-a''

(1) The person intending to persuade a person that might be called as a witness,
witness or expert to provide false statement, or prevent or obstruct the collecting of
evidence or proving process in the criminal procedure or a procedure before a court
or another body administering a procedure according to the law, largely threatens
the life and body or property of a person that might be called as a witness,
witness or expert or close persons thereof, or influences them by applying force,
illegal deprivation of freedom, by offering bribe or by using other means prevents the
person from attending as a person that cannot be called as a witness, witness or
expert in the procedure or if they are called as a witness, witness or expert to
provide or not provide a statement in a certain context, shall be punished with
imprisonment from one to five years.
2) The punishment from paragraph (1) of the present Article shall apply to the
person who victimizes or physically injures or deprives the person from paragraph (1)
of the present Article from a certain right, due to revenge for the given statement .
3) If, due to the criminal act from paragraphs (1) and (2) of the present Article,
there were especially hard consequences for the accused in the criminal procedure
or a person from paragraph (1) of the present Article suffered a heavy bodily injury,
or the act has been committed against a protected or vulnerable witness or a
person close thereto, the perpetrator shall be punished with imprisonment
from one to ten years.
4) If, due to the criminal act from paragraphs (1) and (2) of the present Article, the
person from paragraph (1) of the present Article has been deprived of his/ her life,
the perpetrator shall be punished with a minimum of ten years up to life
imprisonment.
5) The person that forcibly, with serious threat or promising or providing some
benefit influences a judge, public prosecutor or another official or a lawyer to take
or not to take legally envisaged actions before a court or another competent body
for administering a procedure regulated by law, contrary to their official or legal duty
and authorizations or prevents the performance of such actions shall be punished
with imprisonment of one to ten years
6) If, in the performance of the act from paragraph (5), the persons from the stated
paragraph or persons close thereto suffer a bodily injury, the perpetrator shall be
punished with imprisonment of a minimum of four years.

''Escape of a freedom deprived person Article 371''
A person who escapes from an institution in which he is deprived of freedom by a
lawful decision, by using force or a serious threat to directly attack upon the life
or body of another, shall be punished with imprisonment of three months to five
years.

''Unlawful usurpation of objects during search or in a procedure for execution, Article 374''

An official person who, during the search of a home, premises or persons, or in a
procedure of execution, unlawfully takes away another's movable object, with the
intention of usurpation, shall be punished with imprisonment of one to ten years.

''Evading prohibitions from security measures and legal consequences from a sentence, Article 376''

1) A person who enables another to perform a certain vocation, professional
activity or function, or other matters, even though they know that this is
prohibited to them by a pronounced sentence, or by legal consequences from a
sentence, shall be punished with a fine, or with imprisonment of up to one year.
2) If the crime from paragraph 1 was committed by an official person, they shall
be punished with a fine, or with imprisonment of up to three years.
3) If the act outlined in paragraph (1) is carried out by a legal entity, it shall be
punished with a fine.

''Conspiracy to commit a crime, Article 393''

1) A person who conspires with another to commit a crime, for which a
punishment of imprisonment of three years or more may be pronounced, shall be
punished with a fine, or with imprisonment of up to one year.
2) The punishment defined in paragraph (1) also applies to the person that shall
agree to carry out a criminal act for which the punishment is a prison sentence of
up to 4 years or a more rigorous punishment.

Criminal association
Article 394
1) A person who creates a group or gang that has the aim of committing crimes for
which a punishment of imprisonment of three years or more may be pronounced,
shall be punished with imprisonment of one to five years.

2) The member of the group or gang shall be punished with imprisonment of three
months to three years.

3) If the purpose of a gang or a group is to commit crimes, for which the
punishment is at least 8 years imprisonment, the organizer shall be given a prison
sentence of up to four years and the group member or the gang shall be given a
prison sentence of 1 to 5 years.

''Crimes of Aggression, Article 403-b''

1) The person who has actual power to supervise or manage political or military
actions in the country, uses the armed forces of a country against the sovereignty,
territorial integrity and political independence of another country on in any other
manner contrary to the United Nations Chart, commits an act of aggression, that by
its own features, gravity and scale represent special breach of the United Nations
Chart, shall be punished with imprisonment of at least five years.

''Misuse of biological or chemical weapons, Article 407-b''

1) The one who produces or prepares, provides, stores, sells or purchases, or
mediates for sale or purchase, or owns, or transports biological or any kind fighting
means forbidden with international law shall be punished with imprisonment of at least
one year.
2) The One who during the war or an armed conflict files an order about usage of
chemical or biological weapon, or any other means for fight, or shall fight in a way that
is forbidden with the international law, shall be punished with imprisonment of at least
one year.
3) If the crime from paragraph (1) and (2) causes death of more persons, the perpetrator
shall be punished with imprisonment of at least five years or life imprisonment.
4) Objects from paragraphs (1) and (2), and the resources used for their preparation, as
well as means of transportation and spreading, shall be confiscated.

''Cruel behavior with wounded, ill or with prisoners of war, Article 412''

A person who by violating the rules of international law behaves cruelly with the wounded,
the ill or with the prisoners of war, or who makes it impossible or who prevents them
from using the rights which belong to them according to those rules, shall be
punished with imprisonment of six months to five years.

''Instigation to aggressive war, Article 415''

A person who calls out or instigates to aggressive war shall be punished with imprisonment
of one to ten 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

Obstruction of Justice Article 368-a

(1) The person intending to persuade a person that might be called as a witness, witness or expert to provide false statement, or prevent or obstruct the collecting of evidence or proving process in the criminal procedure or a procedure before a court or another body administering a procedure according to the law, largely threatens the life and body or property of a person that might be called as a witness,

witness or expert or close persons thereof, or influences them by applying force, illegal deprivation of freedom, by offering bribe or by using other means prevents the person from attending as a person that cannot be called as a witness, witness or expert in the procedure or if they are called as a witness, witness or expert to provide or not provide a statement in a certain context, shall be punished with imprisonment from one to five years.

2) The punishment from paragraph (1) of the present Article shall apply to the person who victimizes or physically injures or deprives the person from paragraph (1) of the present Article from a certain right, due to revenge for the given statement .

3) If, due to the criminal act from paragraphs (1) and (2) of the present Article, there were especially hard consequences for the accused in the criminal procedure or a person from paragraph (1) of the present Article suffered a heavy bodily injury, or the act has been committed against a protected or vulnerable witness or a person close thereto, the perpetrator shall be punished with imprisonment

from one to ten years.

4) If, due to the criminal act from paragraphs (1) and (2) of the present Article, the person from paragraph (1) of the present Article has been deprived of his/ her life, the perpetrator shall be punished with a minimum of ten years up to life imprisonment.

5) The person that forcibly, with serious threat or promising or providing some benefit influences a judge, public prosecutor or another official or a lawyer to take

or not to take legally envisaged actions before a court or another competent body for administering a procedure regulated by law, contrary to their official or legal duty and authorizations or prevents the performance of such actions shall be punished with imprisonment of one to ten years.

6) If, in the performance of the act from paragraph (5), the persons from the stated paragraph or persons close thereto suffer a bodily injury, the perpetrator shall be punished with imprisonment of a minimum of four years.

7) If, in the performance of the act from paragraph (5), the persons from the stated paragraph or persons close thereto suffer a heavy bodily injury, the perpetrator shall be punished with imprisonment of a minimum of five years.

8) The punishment of paragraph (5) of the present Article shall apply to the official or responsible person that denies or groundlessly postpones to perform an order or a legally based request of a court, public prosecutor or another competent body or a lawyer for gathering, storing or submitting written documents, papers or cases or intends to prevent or obstruct the proving process by covering, destroying, counterfeiting or in another manner making the written documents, papers or cases

unusable, which could have served as evidence in the procedure before the court or another body competent for administration of the procedure determined by law.

9) If the act from paragraph (8) of the present Article has been committed in a previous criminal procedure or in a criminal procedure, the perpetrator shall be punished with imprisonment of four to ten years.

10) If the act from paragraphs (8) and (9) of the present Article is committed by a legal entity, they shall be punished with a monetary penalty.

11) Under the conditions determined with Article 38-b of the present Code, the court shall impose to the perpetrator a ban for performing a profession, activity or duty with duration of one to ten years for the criminal act referred under the present Article.

12) The attempt for the stated criminal act shall also be punishable.

Unjustified delay in repatriation of prisoners of war Article 413

A person who by violating the rules of international law, after the termination of the war or the armed conflict, orders or executes an unjustified delay in the repatriation of the prisoners of war or of civilians, shall be punished with imprisonment of six months to five years.

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.