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

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

Crime against humanity

Article 403-a

Article 403-a
On who, with an intention for systematic destruction of civil population, order committing murders, severe body injuries, physical extermination, slavery, deportation or forced displacement of the population, imprisonment or other type of depriving of freedom against the international law, torture, rape, sexual exploitation or slavery, forced prostitution, forced pregnancy, forced sterilization or any other type of severe sexual violence, exile based on political, racial, national, ethnic, cultural, religious or gender basis , forced taking away and disappearing of persons, discrimination and separation based on racial, national, ethnic, political, cultural or other basis and other non-humane acts with deliberate causing physical or psychical suffer, or one that will commit some of the stipulated crimes with the same intention, shall be sentenced with imprisonment of at least ten years or life sentence.

SPECIAL PART

34. CRIMES AGAINST HUMANITY AND INTERNATIONAL LAW

War crimes against the civil population

Article 404

(1) A person who, by violating the rules of international law, during a war, armed conflict or occupation, orders an attack upon civil population, a settlement, certain civil persons or persons incapacitated for combat, which had as consequence death, serious body injury or serious disturbance to the health of the people ; an attack without choosing the target, which strikes the civil population ; to commit against the civil population murder, torture, inhuman acts, biological, medical or other scientific experiments, taking tissue or organs for the purpose of transplantation, inflicting grave suffering or injury to the body integrity or the health ; resettlement and moving or forced denationalization or transfer to some other religion ; coercion to prostitution or rape, sexual slavery or causing forced pregnancy, forced sterilization or other type sexual violence, the implementation of measures of fear and terror, taking hostages, collective punishment, illegal taking to concentration camps and other illegal arrests, depriving of the right to a proper and unbiased trial or implementation of sentence or execution without prior verdict issued by a legally based court in a procedure that provides the generally accepted court guarantees ; coercion for service in the armed forces of the enemy or in its intelligence service or administration, enrolment and recruitment of minors under 15 years of age in the armed forces and their use through active participation in military activities ; utilization of the presence of civilians or other protected persons as life shield in certain places or areas where the armed forced are acting coercion to forced labor, starving of the population, hindering of the approach to the humanitarian aid confiscation of property, pilfering of property of the population, illegal and self-willed destruction or usurpation of a larger extent of properties which is not justified by the military needs, taking an unlawful and excessive contribution and requisition, decreasing the value of the domestic currency or unlawful issue of money ;

or the person who commits some of the above mentioned crimes - shall be punished with imprisonment of at least ten years, or with life imprisonment.

SPECIAL PART

34. CRIMES AGAINST HUMANITY AND INTERNATIONAL LAW

War crime against wounded and ill

Article 405

A person who, by violating the rules of international law, during a war or an armed conflict, and against wounded, ill, castaways or medical personnel, orders the committing of murders, torture, inhuman actions, biological, medical or other scientific experiments, taking of tissue or organs for transplantation, or inflicting grave suffering or injury to the body integrity or health, or illegal and self-willed destruction or usurpation of a large extent of materials, means for medical transport and stores from medical or religious institutions, or from units, which is not justifies by the military needs, or the person who commits any of the above mentioned crimes, shall be punished with imprisonment of at least ten years, or with life imprisonment.

SPECIAL PART

34. CRIMES AGAINST HUMANITY AND INTERNATIONAL LAW

War crimes against prisoners of war

Article 406

A person who by violating the rules of international law, and against prisoners of war, orders the committing of murders, torture, inhuman behavior, biological, medical or other scientific experiments, taking of tissues or organs for transplantation, inflicting grave suffering or injury to the body integrity or to health, forcing to serve in the armed forces of the enemy, or depriving of the right to a proper and unbiased trial or to implement sentence or execution without prior verdict of a legally based court and procedure which provides the generally accepted court guarantees or illegally to be deported, displaced or held in custody or the person who commits any of the above mentioned crimes, shall be punished with imprisonment of at least ten years, or with life imprisonment.

SPECIAL PART

34. CRIMES AGAINST HUMANITY AND INTERNATIONAL LAW

Use of unallowed combat means

Article 407

(3) If because of the crime from item 1 many people died, the offender shall be punished with imprisonment of at least ten years, or with life imprisonment.

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

Unlawful killing and wounding of an enemy

Article 409

(1) A person who by violating the rules of international law during a war or an armed conflict, kills or wounds an enemy who has laid down his weapons, or who unconditionally surrendered, or remained without defense means, shall be punished with imprisonment of at least one year.

(2) If the murder from item 1 was committed in a cruel or subversive manner, out of self- interest or with other low motives, or if several persons are killed, the offender shall be punished with imprisonment of at least ten years, or with life imprisonment.

''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.

''5. SECURITY MEASURES, Article 65-a ''

(2) If a punishment of life imprisonment has been prescribed for the act, the court
may impose the perpetrator with a punishment of 40 years of imprisonment if they
accept medical and pharmaceutical treatment which would progress until the end of
their life or until the time the court deems necessary.

''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

''Article 403-a''
The persons that intend to systematically destroy civilians, give an order for
homicides, inflict grievous bodily harm, physical extermination, enslave, deportation
or forceful displacement of persons, imprisoning or other types of freedom
depravation that are against international law, torturing, rape, sexual exploitation or
slavery, forceful prostitution, forced pregnancy or forced sterilization, or any other
type of serious sexual violence, pursuing any group or community on the
basis of their political, ethnic, national, religious, cultural or sexual grounds,
abduction and disappearance or persons, discrimination and segregation based on
the race, or his/her nationality, ethnicity, political affiliation, culture or other basis and
other inhuman acts intentionally causing physical and psychological suffering, or a
person that with the same intention carries out any of the above mentioned criminal
activities, shall be given a prison sentence of no less than ten years or a life sentance.

''War crimes against the civil population, Article 404''

(1) A person who, by violating the rules of international law, during a war, armed
conflict or occupation, orders an attack upon civil population, a settlement, certain
civil persons or persons incapacitated for combat, which had as consequence death,
serious body injury or serious disturbance to the health of the people; an attack
without choosing the target, which strikes the civil population; to commit against
the civil population murder, torture, inhuman acts, biological, medical or other
scientific experiments, taking tissue or organs for the purpose of transplantation,
inflicting grave suffering or injury to the body integrity or the health; resettlement
and moving or forced denationalization or transfer to some other religion; coercion to
prostitution or rape, sexual slavery or inducing unsolicited pregnancy, sterilization or
other type of sexual violence; the implementation of measures of fear and terror,
taking hostages, collective punishment, illegal taking to concentration camps and
other illegal freedom deprivations, depriving of the right to a proper and unbiased
trial or carry out punishment or execution without prior verdict passed by a court of
law in a procedure in which all generally accepted legal borders are accepted;
coercion for service in the armed forces of the enemy or in its intelligence
service or administration enrolling and recruiting minors younger than
15 into the armed forces of the country or recruiting persons under the age of 18
in armed forces that are not armed forces of the country and using them by active participation in
conflict activities contrary to the conditions determined with the rules of the
international law; using civilians or other persons as live shield in specific places or
regions where armed forces are present; coercion to forced labor, starving of the
population, obstruction of humanitarian aid; confiscation of property, pilfering of
property of the population, illegal and self-willed destruction or usurpation of a larger
extent of properties which is not justified by the military needs, taking an unlawful
and excessive contribution and requisition, decreasing the value of the domestic
currency or unlawful issue of money or the person who commits some of the above
mentioned crimes - shall be punished with imprisonment of at least ten years, or
with life imprisonment.

''War crimes against prisoners of war, Article 406''

A person who by violating the rules of international law, and against prisoners of war,
orders the committing of murders, torture, inhuman behavior, biological, medical or other
scientific experiments, taking of tissues or organs for transplantation, inflicting grave
suffering or injury to the body integrity or to health, forcing to serve in the armed forces of
the enemy, or depriving of the right to a proper and unbiased trial, or order punishment
or execution without prior verdict passed by a court of law in a procedure in which all
generally accepted legal borders are accepted, or illegal deportation, displacement
or hold them imprisoned or the person who commits any of the above
mentioned crimes, shall be punished with imprisonment of at least ten years, or with
life imprisonment.

3) If because of the crime from paragraph 1 many people died, the perpetrator shall be
punished with imprisonment of at least ten years, or with life imprisonment.

''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.

''Unlawful killing and wounding of an enemy, Article 409''

(1) A person who by violating the rules of international law during a war or an armed
conflict, kills or wounds an enemy who has laid down their weapons, or who unconditionally
surrendered, or remained without defense means, shall be punished with imprisonment of
at least one year.
2) The one who shall wound or kill an enemy in a cruel or subversive manner, out of
self- interest or with other low motives, or if several persons are killed, the perpetrator
shall be punished with imprisonment of at least ten years, or with life imprisonment.

War crime against wounded and ill Article 405

A person who, by violating the rules of international law, during a war or an armed conflict, and against wounded, ill, castaways or medical personnel, orders the committing of murders, torture, inhuman actions, biological, medical or other scientific experiments, taking of tissue or organs for transplantation, or inflicting grave suffering or injury to the body integrity or health, or illegal and self-willed destruction or usurpation of a large extent of materials, means for medical transport and stores from medical or religious institutions, or from units, which is not justifies by the military needs, or the person who commits any of the above mentioned crimes, shall be punished with imprisonment of at least ten years, or with life imprisonment.