Part 1 GENERAL PART
Chapter 1 GENERAL PROVISIONS
§ 5. Temporal applicability of penal law
(4) Offences against humanity and war crimes shall be punishable regardless of the time of commission of the offence.
Part 1 GENERAL PART
Chapter 6 LIMITATION PERIODS
§ 81. Limitation period of offence
(2) Crimes of aggression, crimes of genocide, crimes against humanity, war crimes and criminal offences for which life imprisonment is prescribed do not expire.
Part 2 SPECIAL PART
Chapter 8 OFFENCES AGAINST HUMANITY AND INTERNATIONAL SECURITY
Division 2 Offences Against Humanity
§ 89. Crimes against humanity
(1) Systematic or large-scale deprivation or restriction of human rights and freedoms, instigated or directed by a state, organisation or group, or killing, torture, rape, causing health damage, forced displacement, expulsion, subjection to prostitution, unfounded deprivation of liberty, or other abuse of civilians, is punishable by eight to twenty years’ imprisonment or life imprisonment.
(2) The same act, if committed by a legal person, is punishable by a pecuniary punishment.
Part 2 SPECIAL PART
Chapter 9 OFFENCES AGAINST THE PERSON
Division 6 Offences against Liberty
§ 136. Unlawful deprivation of liberty
(1) Unlawful deprivation of the liberty of another person is punishable by a pecuniary punishment or up to five years’ imprisonment.
(2) The same act, if committed against a person of less than eighteen years of age, is punishable by one to five years’ imprisonment.
(3) An act provided for in subsection (1) or (2) of this section, if committed by a legal person, is punishable by a pecuniary punishment.
Part 2 SPECIAL PART
Chapter 9 OFFENCES AGAINST THE PERSON
Division 7 Offences against Sexual Self-determination
§ 141. Rape
(1) Sexual intercourse with a person against his or her will by using force or taking advantage of a situation in which the person is not capable of initiating resistance or comprehending the situation
is punishable by one to six years’ imprisonment.
(2) The same act:
1) if committed against a person of less than eighteen years of age;
2) if committed by a group;
[RT I, 12.07.2014, 1 - entry into force 01.01.2015]
3) if serious damage is thereby caused to the health of the victim;
4) it causes the death of the victim;
5) it leads the victim to suicide or a suicide attempt; or
6) if committed by a person who has previously committed a criminal offence provided in this Division; or
7) if committed by the offender by taking advantage of the situation caused to the victim by means of narcotic or psychotropic substances in which the person is not capable of initiating resistance or comprehending the situation is punishable by six to fifteen years’ imprisonment.
To declare the sanction of subsection 141 (2) of the Penal Code to be in conflict with the Constitution and repealed to the extent that it prescribes 6 years' imprisonment as minimum term of punishment for commission of an act of sexual nature without using force with a child younger than ten years of age.
(2.1) An act provided for in subsection (2) of this section, if committed by a person who has previously been punished:
1) for a criminal offence provided for in clause (2) 6) of this section;
2) for a criminal offence provided for in clause 1411 (2) 6) of this code; or
3) at least twice for an intentional criminal offence in the first degree where serious health damage is the consequence which constitutes the necessary elements of an offence,
shall be punished by six to fifteen years’ imprisonment or life imprisonment.
(3) An act provided for in subsections (1), (2) or (21 ) of this section, if committed by a legal person,
is punishable by a pecuniary punishment.
(4) For criminal offence provided for in clause (2) 1) of this section, the court may impose extended confiscation of assets or property acquired by the criminal offence pursuant to the provisions of § 832 of this Code.
Part 2 SPECIAL PART
Chapter 10 OFFENCES AGAINST POLITICAL AND CIVIL RIGHTS
Division 1 Offences against Equality
§ 151. Incitement of hatred
(1) Activities which publicly incite to hatred, violence or discrimination on the basis of nationality, race, colour, sex, language, origin, religion, sexual orientation, political opinion, or financial or social status if this results in danger to the life, health or property of a person is punishable by a fine of up to three hundred fine units or by detention.
(2) The same act if:
1)it causes the death of a person or results in damage to health or other serious consequences; or
2)committed by a person who has previously been punished by such act; or
3)
is punishable by a pecuniary punishment or up to three years’ imprisonment.
(3) An act provided for in subsection (1) of this section, if committed by a legal person, is punishable by a fine of up to 3200 euros.
(4) An act provided for in subsection (2) of this section, if committed by a legal person, is punishable by a pecuniary punishment.
1. The jurisdiction of the Court shall be limited to the most serious crimes of concern to the international community as a whole. The Court has jurisdiction in accordance with this Statute with respect to the following crimes:
(b) Crimes against humanity;
1. For the purpose of this Statute, ‘crime against humanity’ means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:
(a) Murder;
(b) Extermination;
(c) Enslavement;
(d) Deportation or forcible transfer of population;
(e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;
(f) Torture;
(g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;
(h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court;
(i) Enforced disappearance of persons;
(j) The crime of apartheid;
(k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.
2. For the purpose of paragraph 1:
(a) ‘Attack directed against any civilian population’ means a course of conduct involving the multiple commission of acts referred to in paragraph 1 against any civilian population, pursuant to or in furtherance of a State or organizational policy to commit such attack;
(b) ‘Extermination’ includes the intentional infliction of conditions of life, inter alia the deprivation of access to food and medicine, calculated to bring about the destruction of part of a population;
(c) ‘Enslavement’ means the exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons, in particular women and children;
(d) ‘Deportation or forcible transfer of population’ means forced displacement of the persons concerned by expulsion or other coercive acts from the area in which they are lawfully present, without grounds permitted under international law;
(e) ‘Torture’ means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions;
(f) ‘Forced pregnancy’ means the unlawful confinement of a woman forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law. This definition shall not in any way be interpreted as affecting national laws relating to pregnancy;
(g) ‘Persecution’ means the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity;
(h) ‘The crime of apartheid’ means inhumane acts of a character similar to those referred to in paragraph 1, committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime;
(i) ‘Enforced disappearance of persons’ means the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time.
3. For the purpose of this Statute, it is understood that the term ‘gender’ refers to the two sexes, male and female, within the context of society. The term ‘gender’ does not indicate any meaning different from the above.