PART ONE GENERAL PART
CHAPTER I COMPETENCY OF CRIMINAL LAWS
Division 3 Local Applicability

Section 7 Principle of Protection and Principle of Universality
(1) The law of the Czech Republic shall apply to assessment of criminality of Torture and other cruel and inhumane treatment (Section 149), Forgery and alteration of money (Section 233), Uttering forged and altered money (Section 235), Manufacture and possession of forgery equipment (Section 236), Unauthorised production of money (Section 237), Subversion of the Republic (Section 310), Terrorist attack (Section 311), Terror (Section 312), Sabotage (Section 314), Espionage (Section 316), Violence against public authority (Section 323), Violence against a public official (Section 325), Forgery and alteration of public documents (Section 348), Participation in organised criminal group pursuant to Section 361 (2) and (3), Genocide (Section 400),), Attack against humanity (Section 401) ,), Apartheid and discrimination against groups of people (Section 402), Preparation of offensive war (Section 406), Use of prohibited means and methods of combat (Section 411), War cruelty (Section 412) ,), Persecution of population (Section 413), Pillage in the area of military operations (Section 414), Abuse of internationally and state recognised symbols (Section 415) , ), Abuse of flag and armistice (Section 416) and Harming a conciliator (Section 417), even when such a criminal offence was committed abroad by a foreign national or a person with no nationality, who has not been granted permanent residence in the territory of the Czech Republic.
(2) The law of the Czech Republic shall also apply to assessment of criminality of an act committed abroad against a Czech national or a person without a nationality, who has been granted permanent residence in the territory of the Czech Republic, if the act is criminal in the place of its commission, or if the place of its commission is not subject to any criminal jurisdiction. .

PART TWO SPECIAL PART
CHAPTER IX CRIMINAL OFFENCES AGAINST THE CZECH REPUBLIC, FOREIGN STATES AND INTERNATIONAL ORGANISATIONS
Division 8 Other Forms of Criminal Cooperation

Section 366 Favouritism
(1) Whoever assists an offender of a crime with the intention to facilitate his/her evasion of criminal prosecution, punishment or protective measure or execution thereof, shall be sentenced to imprisonment for up to four years; however, if he/she assists an offender of a criminal offence, for which the Criminal Code stipulates a lighter punishment, he/she shall be sentenced to this lighter punishment.
(2) Whoever commits the act referred to in Sub-section (1) in the favour of a close person shall not be criminally liable, unless he/she did so with the intention to
(a) assist a person who committed a criminal offence of Treason (Section 309), Subversion of the Republic (Section 310), Terrorist attack (Section 311), Terror (Section 312), Genocide (Section 400) , Attacks against humanity (Section 401), Apartheid and discrimination against a group of people (Section 402), Preparation for aggressive war (Section 406), Use of forbidden means and methods of combat (Section 411), War cruelty (Section 412), Persecution of population (Section 413), Pillage in the area of military operations (Section 414) or Abuse of internationally and state recognised symbols (Section 415) , or
(b)obtain material profit for him-/herself or for another.

PART TWO SPECIAL PART
CHAPTER IX CRIMINAL OFFENCES AGAINST THE CZECH REPUBLIC, FOREIGN STATES AND INTERNATIONAL ORGANISATIONS
Division 8 Other Forms of Criminal Cooperation

Section 367 Non-prevention of Criminal Offence
(1) Whoever gains credible knowledge that another person is preparing to commit or is committing a criminal act of Murder (Section 140), Manslaughter (Section 141), Grievous bodily harm (Section 145), Torture and other cruel and inhumane treatment (Section 149), Illicit abortion of pregnancy without the consent of the pregnant woman (Section 159), Unauthorised extraction of tissues and organs (Section 164), Trafficking in human beings (Section 168), Illegal confinement (Section 170), Abduction under Section 172 (3) and (4), Robbery (Section 173), Hostage taking (Section 174), Extortion under Section 175 (3) and (4), Unauthorised use of personal data under Section 180 (4), Rape (Section 185), Sexual abuse (Section 187), Abuse of a child for production of pornography (Section 193), Maltreatment of entrusted person (Section 198), Theft under Section 205 (5), Embezzlement under Section 206 (5), Fraud under Section 209 (5), Insurance fraud under Section 210 (6), Credit fraud under Section 211 (6), Subvention fraud under Section 212 (6), Participation under Section 214 (3) and (4), Money laundering under Section 216 (4), Forgery and alteration of money (Section 233), Unauthorised obtaining, forgery and alteration of means of payment (Section 234), Unauthorised production of money (Section 237), Evasion of taxes, fees and similar compulsory payments under Section 240 (3), Abuse of information and status in commerce under Section 255 (4), Harming financial interests of European Communities under Section 260 (5), Breach of regulations on control of export of goods and technologies of dual use (Section 262), Breach of duty in export of goods and technologies of dual use (Section 263), Conducting foreign business with military material without licence or permit (Section 265), Breach of duty related to issuing permits and licenses for foreign trade with military material (Section 266), Public menace (Section 272), Development, manufacture and possession of prohibited means of combat (Section 280), Unauthorised production and possession of radioactive substances and highly dangerous substances (Section 281), Unauthorised production and possession of nuclear material and special fission material (Section 282), Unauthorised production and other disposal with narcotic and psychotropic substances and poisons (Section 283), Gaining control over aircraft, civil vessel and fixed platform (Section 290), Hijacking of aircraft to abroad (Section 292), Treason (Section 309), Subversion of the Republic (Section 310), Terrorist attack (Section 311), Terror (Section 312), Sabotage (Section 314), Espionage (Section 316), Endangering classified information (Section 317), Military treason (Section 320), Violence against a public authority under Section 323 (3) and (4), Violence against a public official under Section 325 (3) and (4), Accepting bribes (Section 331), Bribery (Section 332), Violent crossing of state borders under Section 339 (2) and (3), Organising and facilitation of unauthorised crossing of state borders under Section 340 (4), Mutiny of prisoners (Section 344), Participation in an organised criminal group under Section 361 (2) and (3), Disobeying orders under Section 375 (2) and (3), Resisting and coercion to violate military duty under Section 377 (2) and (3), Breach of rights and protected interests of soldiers of equal rank under Section 382 (3) and (4), Breach of rights and protected interests of subordinate or lower rank soldiers under Section 383 (3) and (4), Desertion (Section 386), Endangering the moral status of soldiers under Section 392 (2), Genocide (Section 400), Attack against humanity (Section 401), Apartheid and discrimination against groups of people (Section 402), Preparation of offensive war (Section 406), Relations threatening peace (Section 409), Use of prohibited means and methods of combat (Section 411), War cruelty (Section 412), Persecution of the population (Section 413), Pillage in the area of military operations (Section 414) or Abuse of internationally and state recognised symbols under Section 415 (3), and does not try to prevent commission or completion of such a criminal offence, shall be sentenced to imprisonment for up to three years; if this Act stipulates a lighter punishment for any of these criminal offences, he/she shall be sentenced to such a lighter punishment.
(2) Whoever commits an act referred to in Sub-section (1) shall not be criminally liable, if he/she could not contravene the criminal act without exposing him-/herself or a close person to danger of death, bodily harm, other serious detriment or criminal prosecution. However, stating a close person does not exclude the offender from criminal liability, if the non- prevention concerns a criminal offence of Treason (Section 309), Subversion of the Republic (Section 310), Terrorist attack (Section 311), Terror (Section 312), Sabotage (Section 314), Espionage (Section 316), Genocide (Section 400), Attack against humanity (Section 401), Apartheid and discrimination against groups of people (Section 402), Preparation of offensive war (Section 406), Use of prohibited means and methods of combat (Section 411), War cruelty (Section 412), Persecution of the population (Section 413), (Section 414) or Abuse of internationally and state recognised symbols under Section 415 (3).

Section 368 Non-reporting of Criminal Offense
(1) Whoever gains credible knowledge that another person committed a criminal act of Murder (Section 140), Grievous bodily harm (Section 145), Torture and other cruel and inhumane treatment (Section 149), Illegal confinement (Section 170), Hostage taking (Section 174), Abuse of a child for production of pornography (Section 193), Maltreatment of entrusted person (Section 198), Forgery and alteration of money (Section 233), Unauthorised obtaining, forgery and alteration of means of payment (Section 234), Unauthorised production of money (Section 237), Breach of regulations on control of export of goods and technologies of dual use (Section 262), Breach of duty in export of goods and technologies of dual use (Section 263), Conducting foreign business with military material without licence or permit (Section 265), Breach of duty related to issuing permits and licenses for foreign trade with military material (Section 266), Public menace (Section 272), Development, manufacture and possession of prohibited means of combat (Section 280), Unauthorised production and possession of radioactive substances and highly dangerous substances (Section 281), Unauthorised production and possession of nuclear material and special fission material (Section 282), Gaining control over aircraft, civil vessel and fixed platform (Section 290), Hijacking of aircraft to abroad (Section 292), Treason (Section 309), Subversion of the Republic (Section 310), Terrorist attack (Section 311), Terror (Section 312), Sabotage (Section 314), Espionage (Section 316), Endangering classified information (Section 317), Military treason (Section 320), Accepting bribes (Section 331), Bribery (Section 332), Participation in an organised criminal group under Section 361 (2) and (3), Genocide (Section 400), Attack against humanity (Section 401), Apartheid and discrimination against groups of people (Section 402), Preparation of offensive war (Section 406), Use of prohibited means and methods of combat (Section 411), War cruelty (Section 412), Persecution of the population (Section 413), (Section 414) or Abuse of internationally and state recognised symbols under Section 415 (3), and fails to immediately report such a criminal act to the public prosecutor or police authority, or if a soldier is concerned, to their superior, shall be sentenced to imprisonment for up to three years; if this Act stipulates a lighter punishment for any of these criminal offences, he/she shall be sentenced to such a lighter punishment.
(2) Whoever commits an act referred to in Sub-section (1) shall not be criminally liable, if he/she could not report the criminal act without exposing him-/herself or a close person to danger of death, bodily harm, other serious detriment or criminal prosecution.

PART TWO SPECIAL PART
CHAPTER XIII CRIMINAL OFFENDES AGAINST HUMANITY, PEACE AND WAR CRIMES

Section 411 Use of Forbidden Means and Methods of Combat
(1) Whoever, during a time of war or another armed conflict, or a combat situation
a) orders use of means of combat or material of a similar nature or uses such means or
material, or
b) orders waging of combat in a forbidden way or wages combat in such a way by
him/herself,
shall be sentenced to imprisonment for two to ten years.
(2) The same sentence shall be imposed to anyone who contrary to provisions of international law on means and methods of waging war or another armed conflict intentionally
a) by a military operation harms civilian population or persons on their lives, health or property or attacks them for retaliation reasons,
b) leads an attack against an unprotected place or demilitarized zon e ,
c) destroys a river dam, nuclear power plant or a similar facility that contains dangerous
powers, or
d) destroys or damages an object designated for humanitarian purposes or an
internationally recognised cultural or natural monument, or exploit such object or monument for military purposes.
(3) An offender shall be sentenced to imprisonment for eight to twenty years or to an exceptional sentence of imprisonment, if he/she causes by the act referred to in Sub-section (1) or (2)
a) grievous bodily harm , or b) death.
(4) Preparation is criminal.

PART TWO SPECIAL PART
CHAPTER XIII CRIMINAL OFFENDES AGAINST HUMANITY, PEACE AND WAR CRIMES

Section 413 Persecution of Population
(1) Whoever is responsible for apartheid during a war or another armed conflict or commits other inhumane acts resulting from racial, ethnic, national, religious, class or similar discrimination, or terrorises the civilian population with violence or threat of its use, shall be sentenced to imprisonment for five to fifteen years.
(2) The same sentence shall be imposed to anyone who during a war or another armed conflict
a) destroys or seriously disrupts supply of basic living needs of the civilian population in
the occupied territory or the contact zone, or wilfully fails to provide necessary
assistance to the population for their survival,
b) unjustifiably delays the return of the civilian population or prisoners of war,
c) unjustifiably relocates or deports the civilian population from the occupied territory,
d) settles the occupied territory with a population from his/her own state,
e) drafts children for service with weapons, or
f) wilfully makes it impossible for the civilian population or prisoners of war to be
judged on their offence by an impartial court trial.
(3) An offender shall be sentenced to imprisonment for ten to twenty years or to an exceptional sentence of imprisonment, if he/she causes by the act referred to in Sub-section (1) or (2)
a) grievous bodily harm, oror b) death.
(4) Preparation is criminal.

PART TWO SPECIAL PART
CHAPTER XIII CRIMINAL OFFENDES AGAINST HUMANITY, PEACE AND WAR CRIMES

Section 414 Pillage in the Area of Military Operations
(1) Whoever, in the area of military operations, on the battlefield, in places affected by military operations, armed conflict, or in the occupied territory
a) steals from the dead or otherwise misappropriates items or other assets of a stranger, or
b) wilfully destroys, damages, removes, conceals, or abuses the property of a stranger,
shall be sentenced to imprisonment for eight to twenty years to to an exceptional sentence of imprisonment.
Section 415 Abuse of internationally and State Recognised Symbols
(1) Whoever abuses the Red Cross or other distinguishing marks or colours recognised by international law for marking medical institutions or means of transport of medical assistance or evacuation during a state of national peril, state of war, or war or another armed conflict, shall be sentenced to imprisonment for two to eight years.
(2) The same sentence shall be imposed to anyone who abuses the symbol of the United Nations or a flag or state or military symbols, insignia or uniforms of a neutral or another state that is not a party to the conflict during the war or another armed conflict..
(3) An offender shall be sentenced to imprisonment for five to twenty years or to an exceptional sentence of imprisonment, if he/she causes by the act referred to in Sub-section (1) or (2)
a) death or grievous bodily harm,
b) extensive damage, or
c) retaliation measures of the second party of the war or armed conflict of the same or
similar nature.
(4) Preparation is criminal.

PART TWO SPECIAL PART
CHAPTER XIII CRIMINAL OFFENDES AGAINST HUMANITY, PEACE AND WAR CRIMES

Section 415 Abuse of internationally and State Recognised Symbols
(1) Whoever abuses the Red Cross or other distinguishing marks or colours recognised by international law for marking medical institutions or means of transport of medical assistance or evacuation during a state of national peril, state of war, or war or another armed conflict, shall be sentenced to imprisonment for two to eight years.
(2) The same sentence shall be imposed to anyone who abuses the symbol of the United Nations or a flag or state or military symbols, insignia or uniforms of a neutral or another state that is not a party to the conflict during the war or another armed conflict..
(3) An offender shall be sentenced to imprisonment for five to twenty years or to an exceptional sentence of imprisonment, if he/she causes by the act referred to in Sub-section (1) or (2)
a) death or grievous bodily harm,
b) extensive damage, or
c) retaliation measures of the second party of the war or armed conflict of the same or
similar nature.
(4) Preparation is criminal.

PART TWO SPECIAL PART
CHAPTER XIII CRIMINAL OFFENDES AGAINST HUMANITY, PEACE AND WAR CRIMES

Section 416 Abuse of Flag and Armistice
(1) Whoever abuses the flag, State or military symbols, insignia or uniforms of another State, which is a party to the conflict during the war or another armed conflict, shall be sentenced to imprisonment for one year to five years.
(2) Whoever abuses the declared armistice or an armistice flag during the war or another armed conflict shall be sentenced to imprisonment for two to eight years.

PART TWO SPECIAL PART
CHAPTER XIII CRIMINAL OFFENDES AGAINST HUMANITY, PEACE AND WAR CRIMES

Section 417 Harming a Conciliator
Whoever offends a conciliator or member of their procession, or whoever detains such person without authorisation,
shall be sentenced to imprisonment for up to five years.

PART ONE
GENERAL PART

CHAPTER I
COMPETENCY OF CRIMINAL LAWS

Division 3
Local Applicability

Section 7 Principle of Protection and Principle of Universality
(1) The law of the Czech Republic shall apply to assessment of criminality of Torture and other cruel and inhumane treatment (Section 149), Forgery and alteration of money (Section 233), Uttering forged and altered money (Section 235), Manufacture and possession of forgery equipment (Section 236), Unauthorised production of money (Section 237), Subversion of the Republic (Section 310), Terrorist attack (Section 311), Terror (Section 312), Sabotage (Section 314), Espionage (Section 316), Violence against public authority (Section 323), Violence against a public official (Section 325), Forgery and alteration of public documents (Section 348), Participation in organised criminal group pursuant to Section 361 (2) and (3), Genocide (Section 400), Attack against humanity (Section 401), Apartheid and discrimination against groups of people (Section 402), Preparation of offensive war (Section 406), Use of prohibited means and methods of combat (Section 411), War cruelty (Section 412), Persecution of population (Section 413), Pillage in the area of military operations (Section 414), Abuse of internationally and state recognised symbols (Section 415), Abuse of flag and armistice (Section 416) and Harming a conciliator (Section 417), even when such a criminal offence was committed abroad by a foreign national or a person with no nationality, who has not been granted permanent residence in the territory of the Czech Republic.

PART TWO
SPECIAL PART

CHAPTER IX
CRIMINAL OFFENCES AGAINST THE CZECH REPUBLIC, FOREIGN STATES AND INTERNATIONAL ORGANISATIONS

Division 1
Criminal Offences against the Foundations of the Czech Republic, Foreign States and International Organisations

Section 311 Terrorist Attack
(1) Whoever with the intention to impair the constitutional system or defence capabilities of the Czech Republic, disrupt or destroy the base political, economic or social structure of the Czech Republic or an international organisation, seriously terrify the population or illegally make the government or another public authority or an international organisation to act, omit or tolerate something,
a) performs an attack threatening human life or health with the intention to cause death or grievous bodily harm,
b) seizes hostages or commits kidnapping,
c) destroys or damages in larger extent a public facility, transportation or communication system including an information system, a fixed platform on continental shelf, energetic, water-work, medical or other important facility, public area or property with the intention to jeopardise human lives, security of such a facility, system or area or to expose property to risk of extensive damage,
d) disrupts or interrupts supply of water, electricity or other fundamental natural resource with the intention to jeopardise human lives or to expose property to risk of extensive damage,
e) hijacks an aircraft, ship or another means of personal or cargo transportation or exercises control over it, or destroys or seriously damages navigation device or in larger extent interferes with its operation or communicate a false important information by which he/she jeopardises life or health of people, security of such means of transportation, or exposes property to risk of extensive damage,
f) wrongfully manufactures or otherwise obtains, handles, imports, transports, exports or otherwise supplies or uses explosives, nuclear, biological, chemical or other weapon or means of combat or explosives prohibited by law or international treaty, or
g) exposes people to general risk of death or grievous bodily harm or property of another to risk of extensive damage by causing fire or flood or detrimental effect of explosives, gas, electricity or other similarly dangerous substances or powers or commits other similarly dangerous conduct, or increases such a risk or aggravates its aversion or mitigation, shall be sentenced to imprisonment for five to fifteen years, eventually in parallel to this sentence also to confiscation of property.
(2) The same sentence shall be imposed to anyone who threatens with conduct referred to in Sub-section (1), whoever publically instigates commission of such conduct or whoever financially, materially or otherwise supports a terrorist or a member of a terrorist group.
(3) An offender shall be sentenced to imprisonment for twelve to twenty years, eventually in parallel to this sentence also to confiscation of property, or to an exceptional sentence of imprisonment, if he/she
a) commits the act referred to in Sub-section (1) as a member of an organised group,
b) causes grievous bodily harm or death by such an act,
c) causes that a larger amount of people remained without shelter by such an act,
d) causes disruption of transportation in larger extent by such an act,
e) causes extensive damage by such an act,
f) gains for him/herself or for another extensive profit by such an act,
g) by such an act seriously jeopardises the international position of the Czech Republic or position of an international organisation which the Czech Republic is a member of, or
h) commits such an act in a state of national peril or state of war.
(4) Preparation is criminal.

Section 312 Terror
(1) Whoever kills another person with the intention to harm the constitutional order of the Czech Republic, shall be sentenced to imprisonment for fifteen to twenty years, eventually in parallel to this sentence also to confiscation of property, or to an exceptional sentence of imprisonment.

PART TWO
SPECIAL PART

CHAPTER X
CRIMINAL OFFENCES AGAINST ORDER IN PUBLIC MATTERS

Division 8
Other Forms of Criminal Cooperation

Section 366 Favouritism
(2) Whoever commits the act referred to in Sub-section (1) in the favour of a close person shall not be criminally liable, unless he/she did so with the intention to
(a) assist a person who committed a criminal offence of Treason (Section 309), Subversion of the Republic (Section 310), Terrorist attack (Section 311), Terror (Section 312), Genocide (Section 400), Attacks against humanity (Section 401), Apartheid and discrimination against a group of people (Section 402), Preparation for aggressive war (Section 406), Use of forbidden means and methods of combat (Section 411), War cruelty (Section 412), Persecution of population (Section 413), Pillage in the area of military operations (Section 414) or Abuse of internationally and state recognised symbols (Section 415), or
(b)obtain material profit for him-/herself or for another.

PART TWO
SPECIAL PART

CHAPTER XIII
CRIMINAL OFFENCES AGAINST HUMANITY, PEACE AND WAR CRIMES

Division 2
Criminal Offences against Peace and War Crimes

Section 411 Use of Forbidden Means and Methods of Combat
(1) Whoever, during a time of war or another armed conflict, or a combat situation
a) orders use of means of combat or material of a similar nature or uses such means or
material, or
b) orders waging of combat in a forbidden way or wages combat in such a way by him/herself,
shall be sentenced to imprisonment for two to ten years.
(2) The same sentence shall be imposed to anyone who contrary to provisions of international
law on means and methods of waging war or another armed conflict intentionally
a) by a military operation harms civilian population or persons on their lives, health or
property or attacks them for retaliation reasons,
b) leads an attack against an unprotected place or demilitarized zone,
c) destroys a river dam, nuclear power plant or a similar facility that contains dangerous powers, or
d) destroys or damages an object designated for humanitarian purposes or an internationally recognised cultural or natural monument, or exploit such object or monument for military purposes.
(3) An offender shall be sentenced to imprisonment for eight to twenty years or to an exceptional sentence of imprisonment, if he/she causes by the act referred to in Sub-section (1) or (2)
a) grievous bodily harm, or
b) death.
(4) Preparation is criminal.

Section 412 War Cruelty
(1) Whoever violates regulations of international law by inhumane treatment of civilian population, refugees, wounded, sick, members of the armed forces who surrendered, or prisoners of war during a war or another armed conflict, shall be sentenced to imprisonment for five to twelve years.
(2) The same sentence shall be imposed to anyone who violates regulations of international law during war or another armed conflict by
a) failing to implement effective measures for protection of persons who need such assistance, particularly children, women, wounded and sick, or prevents such measures, or
b) preventing or impeding organizations of civil defence of the enemy, a neutral State, or another State in the performing their humanitarian tasks.
(3) An offender shall be sentenced to imprisonment for eight to twenty years or to an exceptional sentence of imprisonment, if he/she causes by the act referred to in Sub-section
(1) or (2)
a) grievous bodily harm, or
b) death.

Section 413 Persecution of Population
(1) Whoever is responsible for apartheid during a war or another armed conflict or commits other inhumane acts resulting from racial, ethnic, national, religious, class or similar discrimination, or terrorises the civilian population with violence or threat of its use, shall be sentenced to imprisonment for five to fifteen years.
(2) The same sentence shall be imposed to anyone who during a war or another armed conflict
a) destroys or seriously disrupts supply of basic living needs of the civilian population in the occupied territory or the contact zone, or wilfully fails to provide necessary assistance to the population for their survival,
b) unjustifiably delays the return of the civilian population or prisoners of war,
c) unjustifiably relocates or deports the civilian population from the occupied territory,
d) settles the occupied territory with a population from his/her own state,
e) drafts children for service with weapons, or
f) wilfully makes it impossible for the civilian population or prisoners of war to be judged on their offence by an impartial court trial.
(3) An offender shall be sentenced to imprisonment for ten to twenty years or to an exceptional sentence of imprisonment, if he/she causes by the act referred to in Sub-section
(1) or (2)
a) grievous bodily harm, or
b) death.
(4) Preparation is criminal.

PART TWO
SPECIAL PART

CHAPTER XIII
CRIMINAL OFFENCES AGAINST HUMANITY, PEACE AND WAR CRIMES

Division 2
Criminal Offences against Peace and War Crimes

Section 414 Pillage in the Area of Military Operations
(1) Whoever, in the area of military operations, on the battlefield, in places affected by military operations, armed conflict, or in the occupied territory
a) steals from the dead or otherwise misappropriates items or other assets of a stranger,
or
b) wilfully destroys, damages, removes, conceals, or abuses the property of a stranger, shall be sentenced to imprisonment for eight to twenty years to to an exceptional sentence of imprisonment.

PART TWO
SPECIAL PART

CHAPTER XIII
CRIMINAL OFFENCES AGAINST HUMANITY, PEACE AND WAR CRIMES

Division 2
Criminal Offences against Peace and War Crimes

Section 415 Abuse of internationally and State Recognised Symbols
(1) Whoever abuses the Red Cross or other distinguishing marks or colours recognised by international law for marking medical institutions or means of transport of medical assistance or evacuation during a state of national peril, state of war, or war or another armed conflict, shall be sentenced to imprisonment for two to eight years.
(2) The same sentence shall be imposed to anyone who abuses the symbol of the United Nations or a flag or state or military symbols, insignia or uniforms of a neutral or another state that is not a party to the conflict during the war or another armed conflict.
(3) An offender shall be sentenced to imprisonment for five to twenty years or to an exceptional sentence of imprisonment, if he/she causes by the act referred to in Sub-section (1) or (2)
a) death or grievous bodily harm,
b) extensive damage, or
c) retaliation measures of the second party of the war or armed conflict of the same or similar nature.
(4) Preparation is criminal.

Section 416 Abuse of Flag and Armistice
(1) Whoever abuses the flag, State or military symbols, insignia or uniforms of another State, which is a party to the conflict during the war or another armed conflict, shall be sentenced to imprisonment for one year to five years.
(2) Whoever abuses the declared armistice or an armistice flag during the war or another armed conflict shall be sentenced to imprisonment for two to eight years.

Section 417 Harming a Conciliator
Whoever offends a conciliator or member of their procession, or whoever detains such person without authorisation, shall be sentenced to imprisonment for up to five years.