GENERAL PART

TITLE THREE
PUNISHMENT

1. Purpose of Punishment, Types of Punishment and Requirements for their Imposition

Forty-year Prison Term

Article 35
(1) A forty-year prison term may be prescribed for the most serious criminal offences provided that it is not prescribed as the only punishment for a specific criminal offence.

(2) A forty-year prison term may not be imposed on the following :

1) a person who at the time of commission of a criminal offence is not 21 ;
2) a person who at the time of commission of a criminal offence is of significantly reduced mental capacity (Art.14, para. 2) ;

3) a person who attempted to commit a criminal offence.

Prison Term

Article 36
(1) A prison term may not be shorter than thirty days or longer than twenty years.

(2) The prison term referred to in para. 1 hereof shall be imposed in full years and months, and terms up to six months shall be imposed also in days.

SPECIAL PART

TITLE THIRTY-ONE
CRIMINAL OFFENCES AGAINST JUDICIARY

Giving a False testimony

Article 389
(1) A witness, expert witness, translator or interpreter who gives a false testimony before the court in a disciplinary, misdemeanor or administrative procedure or any other procedure laid down by law shall be punished by a prison term up to three years.

(2) The punishment under para. 1 above shall also apply to a party who in the course of presentation of evidence by hearing parties in a court or administrative procedure gives a false testimony, when such a testimony serves as grounds for the decision passed in that procedure.

(3) Where a false testimony was given in criminal proceedings, the perpetrator giving such a testimony shall be punished by a prison term from three months to five years.

(4) Where the offence under para. 3 above resulted in particularly grave consequences for the accused, the perpetrator shall be punished by a prison term from one year to eight years.

(5) If the perpetrator revokes the false testimony of his own free will before the final decision is passed, he shall be punished by a fine or a prison term up to three months, and punishment may also be remitted.

SPECIAL PART

TITLE THIRTY-ONE
CRIMINAL OFFENCES AGAINST JUDICIARY

Interference in Production of Evidence

Article 390
(1) Anyone who gives, offers or promises a gift or other undue advantage to a witness or expert witness or other participant before a court or other state authority or who uses force or threat against him in order for that person to affect the outcome of the proceedings by giving false testimony or by refraining from giving a testimony shall be punished by a prison term from six months to five years.

(2) Anyone who with the intention to prevent or impede production of evidence conceals, destroys, damages, or makes unusable in whole or in part someone else's document or other objects which serve as evidence shall be punished by a fine or a prison term up to one year.

(3) The punishment under para. 2 above shall also apply to anyone who with the intention referred to in para. 2 hereof removes, destroys, damages, moves or relocates a borderline stone, land registry mark or any other mark indicating ownership of real estate or right to the use of water, or a person who fraudulently places such a mark with the same intention.

SPECIAL PART

TITLE THIRTY -TWO
CRIMINAL OFFENCES AGAINST PUBLIC LAW AND ORDER

Establishment of Criminal Organization

Article 401a

(2) A member of the criminal organization referred to in para. 1 above shall be punished by a prison term from one to eight years.

(3) The mastermind of a criminal organization who prevents the commission of criminal offences for the purpose of which the organization was created by revealing the criminal organization or otherwise shall be punished by a prison term from three months to three years and his punishment may also be remitted.

(4) A member of a criminal organization who reveals the criminal organization or contributes to it being revealed shall be punished by a prison term up to one year, and his punishment may also be remitted.

(5) The mastermind and a member of a criminal organization who commits a criminal offence as a member of criminal organization shall be punished for that offence as well.

(6) The criminal organization referred to in para. 1 above shall be considered to include the organization composed of three or more persons which has as its objective the commission of criminal offences punishable by law by a four year prison term or a more severe punishment for the purpose of obtaining unlawful gain or power, provided that minimum three of the following conditions are met :

1) that each member of the criminal organization had a predefined or obviously definable task or role ;
2) that activities of the criminal organization have been planned for a longer period of time or for an unlimited period ;
3) that the activities of the criminal organization are based on the application of certain rules of internal control and member discipline ;
4) that the activities of the criminal organization are planned and implemented in international proportions ;
5) that activities of the criminal organization include the application of violence or intimidation or that there is readiness for their application ;
6) that activities of the criminal organization include the use of economic or business structures ;
7) that activities of the criminal organization include laundering of money or illicit proceeds or
8) that there is an influence of the criminal organization or its part upon the political authority, media, legislative, executive or judicial powers or other important social or economic factors.

SPECIAL PART

TITLE THIRTY-FOUR
CRIMINAL OFFENCES AGAINST OFFICIAL DUTY

Passive Bribery

Article 423
(1) A public official who directly or indirectly solicits or receives a gift or any other undue advantage, or who accepts a promise of a gift or any undue advantage for himself or for another person for agreeing to perform an official or other act which he must not perform, or not to perform an official or other act which he must perform shall be punished by a prison term from two to twelve years.

(2) A public official who directly or indirectly solicits or receives a gift or any other undue advantage, or who accepts a promise of gift or any undue advantage for himself or another person for agreeing to perform an official or other act which he must perform, or not to perform an official or other act which he must not perform shall be punished by a prison term from two to eight years.

(3) A public official who commits the offences under paras 1 or 2 above in relation to detection of a criminal offence, initiating or conducting of criminal proceedings, pronouncing or enforcing of a criminal sanction shall be punished by a prison term from three to fifteen years.

(4) A public official who after performing an official or other act or after refraining from performing an official or other act as envisaged by paras 1, 2 and 3 above, or in conjunction with such acts, solicits or receives a gift or other undue advantage shall be punished by a prison term from three months to three years.

(5) A foreign public official who commits any of the offences under paras 1, 2, 3 and 4 above shall be punished by the punishment prescribed for that offence.

(6) Where a responsible officer or another person in an institution or other noncommercial entity commits any of the offences under paras 1, 2 and 4 above shall be punished by the punishment prescribed for that offence.

(7) The gift received or any other undue advantage gained shall be confiscated.

SPECIAL PART

TITLE THIRTY-FOUR
CRIMINAL OFFENCES AGAINST OFFICIAL DUTY

Active Bribery
Article 424

(1) Anyone who gives, offers or promises a gift or other undue advantage for himself or for another person to a public official or another person for agreeing to perform and official or other act he must not perform or not to perform an official or other act he must perform or anyone who intercedes in bribing a public official in the manner described above shall be punished by a prison term from six months to five years.

(2) Anyone who gives, offers or promises a gift or other undue advantage to a public official or other person for agreeing to perform an official or other act he must perform or not to perform an official or other act he must not perform, or anyone who intercedes in bribing a public official in the manner described above shall be punished by a prison term up to three years.

(3) The provisions of paras 1 and 2 above shall also apply where a gift or other undue advantage was given, offered or promised to a foreign public official.

(4) The punishment may be remitted where a perpetrator of the offences under paras 1, 2 and 3 above had reported the criminal offence before he learned that the crime had been detected.

(5) The provisions of paras 1, 2 and 4 above shall also apply when a gift or other undue advantage was given, offered or promised to a a responsible officer or other person in an institution or another non-commercial entity.

SPECIAL PART

TITLE THIRTY-FIVE
CRIMINAL OFFENCES AGAINST HUMANITY AND OTHER VALUES GUARANTEED BY INTERNATIONAL LAW

Genocide

Article 426
Anyone who with the intention of partly or completely destroying a national, ethnic, racial or religious group issues orders for the commission of murders or infliction of serious bodily injuries or serious destruction of physical or mental health of group members or placement of the group under such living conditions as to bring about complete or partial extermination of the group, or taking of measures with which to prevent reproduction among group members, or forced displacement of children into another group, or who commits any of the said crimes with the same intention shall be punished by a prison term not shorter than eight years or by a forty year prison term.

SPECIAL PART

TITLE THIRTY-FIVE
CRIMINAL OFFENCES AGAINST HUMANITY AND OTHER VALUES GUARANTEED BY INTERNATIONAL LAW

Crimes against humanity

Article 427
Anyone who by breaching the rules of international law, within the limits of a wider or systematic attack against civilian population, orders any of the following : murders ; placing the population or its part under such living conditions as to bring about their complete or partial extermination ; enslavement ; forced displacement ; torture ; rape ; coercion to prostitution ; coercion to pregnancy or sterilization with a view to changing the ethnic composition of the population ; persecution or expulsion on political, religious, racial, national, ethnic, cultural, sexual or any other grounds ; detention or abduction of persons without disclosing information thereon so as to deprive them of legal assistance ; oppression of a racial group or establishment of domination of one such group over another ; or any other similar inhuman acts intended to cause serious suffering or seriously harm health ; or who commits any of the said offences shall be punished by a prison term not shorter than five years or by a forty year prison term.

SPECIAL PART

TITLE THIRTY-FIVE
CRIMINAL OFFENCES AGAINST HUMANITY AND OTHER VALUES GUARANTEED BY INTERNATIONAL LAW

War Crime against Civilian Population

Article 428
(1) Anyone who, in breach of the rules of international law, in state of war, armed conflict or occupation orders an attack upon civilian population, settlement, individual civilians, persons incapacitated for combat or members or facilities of humanitarian organizations or peace-keeping missions ; an attack without a specific target which strikes civilian population or civilian facilities under special protection of international law ; an attack upon military targets that was known to cause killing of civilian population or damage to civilian facilities in obvious disproportion to the expected military effect ; orders action against civilian population so as to physically injure, torture, treat inhumanly, use in biological, medical and other scientific experiments or take tissue or organs for transplantation, or to perform other acts causing harm to health or extensive suffering, or orders displacement or movement or forced change of nationality or religion; coercion to prostitution or rape ; taking of measures of intimidation and terror, taking of hostages, collective sentencing, unlawful placing under arrest and detention ; deprivation of the right to a just and impartial trial ; proclamation of rights and acts of nationals of the opposite party forbidden, suspended or not allowed in court procedure ;
compelling to service in armed forces of an enemy force or its intelligence service or administration; forced service in armed forces of persons under the age of seventeen ; forced labour ; starving of population ; unlawful confiscation, misappropriation, or destruction of property which belongs to civilian population and which is not justified by military needs ; taking an unlawful and excessive contribution and requisition ; devaluation of local currency or unlawful issuance of currency or who commits any of the said offences shall be punished by a prison term not shorter than five years.

(2) The punishment under para. 1 above shall also apply to anyone who by breaching the rules of international law during a war, armed conflict or occupation orders any of the following : an attack upon facilities under special protection of international law or facilities and installations of dangerous power such as dams, embankments, and nuclear power plants; strikes at civilian facilities under special
protection of international law, places without defence and demilitarised zones; long term and extensive damage to environment that can cause harm to health or survival of population or who commits any of the said offences.

(3) Anyone who during a war, armed conflict or occupation orders murders against civilian population or who commits such a crime shall be punished by a prison term not shorter than ten years or by a forty year prison term.

(4) Anyone who by breaching the rules of international law during a war, armed conflict or occupation, as an occupying force, orders or commits displacement of a part of its own civilian population to the occupied territory shall be punished by a prison term not shorter than five years.

(5) Anyone who threatens to commit one or more of the offences under paras 1 and 2 above shall be punished by a prison term from six months to five years.

SPECIAL PART

TITLE THIRTY-FIVE
CRIMINAL OFFENCES AGAINST HUMANITY AND OTHER VALUES GUARANTEED BY INTERNATIONAL LAW

War Crime against the wounded and sick

Article 429
(1) Anyone who, in breach of rules of international law, in state of war or armed conflict orders against the wounded, sick, shipwrecked or medical or religious service staff, infliction of bodily injuries, torture, inhuman treatment, biological, medical or other scientific experiments, taking of tissue or body organs for transplantation or other acts causing harm to health or inflicting serious suffering or ordering unlawful destruction or large scale appropriation of materials, means of transport for medical purpose and stocks of medical institutions or units that is not justified by military needs or who commits any of the said offences shall be punished by a prison term not shorter than five years.

(2) Anyone who during a war, armed conflict or occupation orders murder of the wounded or the sick or commits such a crime shall be punished by a prison term not shorter than ten years or by a forty year prison term.

SPECIAL PART

TITLE THIRTY-FIVE
CRIMINAL OFFENCES AGAINST HUMANITY AND OTHER VALUES GUARANTEED BY INTERNATIONAL LAW

War Crime against Prisoners of War

Article 430
(1) Anyone who, in breach of rules of international law, orders against prisoners of war the infliction of bodily injuries, torture, inhuman treatment, biological, medical or other scientific experiments, taking of tissues or body organs for transplantation, or commission of other acts so as to harm health and cause serious suffering or orders coercion to service in armed forces of the enemy, deprivation of the right to a just and impartial trial ; or who commits any of the said offences shall be punished by a prison term not shorter than five years.

(2) Anyone who during a war, armed conflict, or occupation orders murders of prisoners of war or who commits such a crime shall be punished by a prison term not shorter than ten years or by a forty year prison term.

SPECIAL PART

TITLE THIRTY-FIVE
CRIMINAL OFFENCES AGAINST HUMANITY AND OTHER VALUES GUARANTEED BY INTERNATIONAL LAW

Organization and instigation to Commit genocide and war crimes

Article 431
(1) Anyone who conspires with another to commit any of the criminal offence under Articles 426 to 430 hereof shall be punished by a prison term from three months to three years.

(2) Anyone who organizes a group in view of committing any of the criminal offences under para. 1 above shall be punished by a prison term from five to fifteen years.

(3) Anyone who becomes a member of the group referred to in para. 1 above shall be punished by a prison term from one to eight years.

(4) A perpetrator of the offences under paras 1 and 3 above who discloses the conspiracy or group before committing a criminal offence as its member or on behalf of the group, and a perpetrator of the offence under para. 2 above who prevents the commission of the offences under para. 1 above may receive a lighter punishment.

(5) Anyone who calls for or incites to the commission of any of the criminal offences under Articles 426 to 430 hereof shall be punished by a prison term from two to ten years.

SPECIAL PART

TITLE THIRTY-FIVE
CRIMINAL OFFENCES AGAINST HUMANITY AND OTHER VALUES GUARANTEED BY INTERNATIONAL LAW

Unlawful Killing and Wounding of Enemies

Article 434
(1) Anyone who, in breach of rules of international law, in state of war or armed conflict kills or wounds an enemy who has laid down his weapons or has unconditionally surrendered or was left without any means of defence shall be punished by a prison term from one to fifteen years.

(2) Where the killing under para. 1 above was committed in an insidious manner
or out of base motives, the perpetrator shall be punished by a prison term not shorter than ten years.

(3) Where the killing under para. 1 above was committed in a cruel manner or out of gain or if several persons were murdered, the perpetrator shall be punished by a prison term not shorter than ten years or by a forty year prison term.

(4) The punishment under para. 3 above shall also apply to anyone who, in breach of rules of international law, in state of war or armed conflict issues an order that there must be no enemy survivors or who combats the enemy for that purpose.

SPECIAL PART

TITLE THIRTY-FIVE
CRIMINAL OFFENCES AGAINST HUMANITY AND OTHER VALUES GUARANTEED BY INTERNATIONAL LAW

Cruel Treatment of the Injured, Sick and of Prisoners of War

Article 437
Anyone who, in breach of rules of international law, treats inhumanly the injured, sick or prisoners of war, or who prevents or denies their access to the rights vested in them under such rules or who orders the commission of such offences shall be punished by a prison term from six months to five years.

SPECIAL PART

TITLE THIRTY-FIVE
CRIMINAL OFFENCES AGAINST HUMANITY AND OTHER VALUES GUARANTEED BY INTERNATIONAL LAW

Unjustified Delay of Repatriation of Prisoners of War

Article 438
Anyone who, in breach of rules of international law, after the war or armed conflict ended, unjustifiably delays the repatriation or prisoners of war or of civilians, or who orders such delay shall be punished by a prison term from six months to five years.

SPECIAL PART

TITLE THIRTY-FIVE
CRIMINAL OFFENCES AGAINST HUMANITY AND OTHER VALUES GUARANTEED BY INTERNATIONAL LAW

Destruction of Cultural Good

Article 439
(1) Anyone who, in breach of rules of international law, in state of war or armed conflict destroys or uses for military purposes cultural or historical monuments or other cultural good or religious structures or institutions or facilities intended for science, art, education or humanitarian goals or who misappropriates a movable cultural good or orders the commission of such offences shall be punished by a prison term from three to fifteen years.

(2) Where the offence under para. 1 above resulted in the destruction of a facility that as a cultural good enjoys special protection of international law, the perpetrator shall be punished by a prison term from five to fifteen years.

SPECIAL PART

TITLE THIRTY-FIVE
CRIMINAL OFFENCES AGAINST HUMANITY AND OTHER VALUES GUARANTEED BY INTERNATIONAL LAW

Abuse of International Signs

Article 441
(1) Anyone who abuses or carries without authorization the flag or sign of the United Nations Organization or the flag or sign of the Red Cross Organization or signs equivalent to them or other internationally recognized signs used to mark certain facilities for their protection against military operations or who orders that such offences be committed shall be punished by a prison term up to three years.

(2) Anyone who commits any of the offences under para. 1 above in the zone of war operations shall be punished by a prison term from six months to five years.

SPECIAL PART

TITLE THIRTY-FIVE
CRIMINAL OFFENCES AGAINST HUMANITY AND OTHER VALUES GUARANTEED BY INTERNATIONAL LAW

Aggressive war

Article 442
(1) Anyone who calls for or incites to aggressive war shall be punished by a prison term from two to twelve years.

(2) Anyone who orders the waging of aggressive war shall be punished by a prison term not shorter than ten years or by a forty year prison term.

Part Two
COURSE OF THE PROCEEDINGS

V THE MAIN HEARING AND JUDGMENT

Chapter XXII
THE MAIN HEARING

2. DIRECTION OF THE MAIN HEARING

Maintenance of order and imposition of punishment due to disruption of order and procedural discipline

Article 321
(1) If the defendant, defense attorney, the injured party, proxy, legal representative, witness, expert witness, interpreter or other person attending the main hearing disrupts order, insults the Court, parties and other participants to the proceedings or fails to comply with the directions of the Chair of the Panel concerning the maintenance of order, the Chair of the Panel shall warn him/her. If such a warning fails to be successful, the Panel may order the defendant to be removed from the Courtroom, while other persons may not only be removed but also punished by a fine in the amount not exceeding € 1.000.

(2) By a decision of the Panel, the defendant may be removed from the Courtroom for a certain period of time, and if s/he has already been examined at the main hearing, than for the whole presentation of evidence. Before the presentation of evidence is completed, the Chair of the Panel shall call in the defendant and inform him/her about the course of the main hearing. If the accused continues to disrupt order and offend the dignity of the Court, the Panel may remove him/her again from the Courtroom. In such a case, the main hearing shall be concluded in the absence of the defendant, and the judgment shall be communicated to him/her by the Chair of the Panel or by a judge, who is the member of the Panel, in the presence of the Court clerk.

(3) The Panel may deny further defense or representation at the main hearing to a defense attorney or proxy who after being punished continues to disrupt order, and in such a case the party shall be called on to retain another defense attorney or proxy. If it is impossible for the defendant who has not been examined at the main hearing to do so, or if in the case of mandatory defense it is impossible for the Court to assign a new defense attorney without prejudicing the defense, the main hearing shall be recessed or a continuance of the main hearing shall be ordered, and the defense attorney shall be ordered to pay expenses incurred due to the interruption or postponement of the main hearing. If the private Prosecutor or subsidiary Prosecutor do not retain another proxy, the Panel may decide to continue the main hearing in the absence of a proxy, if it establishes that this would not prejudice the interests of the person whom s/he represents. A ruling thereon shall be entered into the records along with the statement of reasons. An interlocutory appeal may not be filed against this ruling.

(4) If the Court removes the subsidiary Prosecutor or the private Prosecutor or their legal representative from the Courtroom, the main hearing shall continue in their absence, but the Court shall instruct them that they may retain a proxy.

(5) If the State Prosecutor or a person acting on his/her behalf disrupts order, the Chair of the Panel shall notify the competent State Prosecutor thereof, and s/he may recess the main hearing and request the competent State Prosecutor to appoint other person to represent the prosecution.

(6) After punishing an attorney who disrupts order, the Court shall notify about that the Bar Chamber of which s/he is a member.

Article 389
(1) A witness, expert witness, translator or interpreter who gives false testimony before the court in a disciplinary, misdemeanour or administrative procedure or any other procedure laid down by law shall be punished by a prison sentence for a term not exceeding three years.
(2) The penalty set out in paragraph 1 of this Article shall also be imposed on a party who gives false testimony in the course of presentation of evidence by hearing parties in a court or administrative procedure, where such testimony serves as grounds for the decision rendered in that procedure.
(3) Where the false testimony was given in criminal proceedings, the perpetrator shall be punished by a prison sentence for a term from three months to five years.
(4) Where the offence set forth in paragraph 3 of this Article resulted in particularly grave consequences to the accused person, the perpetrator shall be punished by a prison sentence for a term from one to eight years.
(5) Where the perpetrator revokes the false testimony of his own free will before the final decision has been rendered, he shall be punished by a fine or a prison sentence for a term not exceeding three months, and he may also be released from punishment.

Article 390
(1) Whoever gives, offers or promises a gift or another advantage to a witness or expert witness or another participant before a court or another state authority, or a member of his family or family community or who uses force or threats against him in order for that person to affect the outcome of proceedings by giving false testimony or refraining from giving testimony, shall be punished by a prison sentence for a term from six months to five years.
(2) Whoever, intending to prevent or impede production of evidence, conceals, destroys, damages, or makes unusable, in whole or in part, another person’s document or other objects which serve as evidence shall be punished by a fine or a prison sentence for a term not exceeding one year.
(3) The penalty set out in paragraph 2 of this Article shall also be imposed on whomever with the intention set out in paragraph 2 of this Article removes, destroys, damages, moves or relocates a borderline stone, survey marker or any other mark indicating ownership of real estate or the right to use water, or a person who fraudulently places such a mark with the same intention.

Article 401a
(1) Whoever creates a criminal organisation aimed at committing criminal offences punishable under law by a four year prison sentence or a more severe sentence shall be punished by a prison sentence for a term from three to fifteen years.
(2) A member of the criminal organisation set out in paragraph 1 of this Article shall be punished by a prison sentence for a term from one to eight years.
(3) The mastermind of a criminal organisation who exposes the criminal organisation or otherwise prevents the commission of criminal offences for the purpose of which the organisation was created shall be punished by a prison sentence for a term from three months to three years, and he may also be released from punishment.
(4) A member of the criminal organisation who exposes the criminal organisation or contributes to its exposure shall be punished by a prison sentence for a term not exceeding one year, and he may also be released from punishment.
(5) The mastermind and a member of the criminal organisation who commits a criminal offence as a member of the criminal organisation shall be punished for that criminal offence as well.
(6) The criminal organisation set out in paragraph 1 of this Article is considered to be the organisation composed of three or more persons which has as its objective to commit criminal offences punishable under law by a prison sentence for a term of four years or a more severe sentence, for the purpose of acquiring unlawful benefit or power, if at least three of the following requirements are met:
1) that each member of the criminal organisation had a predefined or obviously definable task or role;
2) that the activities of the criminal organisation have been planned for a longer period of time or for an unlimited period;
3) that the activities of the criminal organisation are based on the application of certain rules of internal control and member discipline;
4) that the activities of the criminal organisation are planned and implemented in international proportions;
5) that the activities of the criminal organisation include the application of violence or intimidation or that there is readiness for their application;
6) that the activities of the criminal organisation include the use of economic or business structures;
7) that the activities of the criminal organisation include the use of money laundering or illicit profits or
8) there is influence of the criminal organisation or part thereof onto public power, media, legislative, executive or judicial branches of government or other significant social or economic factors.

Article 423
(1) A public official who directly or indirectly solicits or receives a bribe or who accepts a promise of a bribe for himself or for another for agreeing to perform an official or another act which he must not perform, or not to perform an official or another act which he must perform shall be punished by a prison sentence for a term from two to twelve years.
(2) A public official who directly or indirectly solicits or receives a bribe, or who accepts a promise of a bribe for himself or another for agreeing to perform an official or another act which he must perform, or not to perform an official or another act which he must not perform shall be punished by a prison sentence from two to eight years.
(3) A public official who commits an offence set forth in paragraphs 1 or 2 of this Article in relation to detection of a criminal offence, initiating or conducting of criminal proceedings, imposing or enforcing a criminal sanction shall be punished by a prison sentence for a term from three to fifteen years.
(4) A public official who after performing or failure to perform an official or other act set out in paragraphs 1, 2 and 3 of this Article, or in conjunction with such act, solicits or receives a bribe shall be punished by a prison sentence for a term from three months to three years.
(5) Where a responsible officer or another person of an institution or another noncommercial entity commits an offence set forth in paragraphs 1, 2 and 4 of this Article, he shall be punished by the penalty prescribed for that offence.

Article 424
(1) Whoever directly or indirectly gives, offers or promises a bribe to a public official, for himself or for another person, for agreeing to perform an official or other act he must not perform or not to perform an official or other act he must perform or whoever intercedes in bribing a public official in the manner described above shall be punished by a prison sentence for a term from one to eight years.
(2) Whoever directly or indirectly gives, offers or promises a bribe to an official person, for himself or for another person, for agreeing to perform an official or other act he must perform or not to perform an official or other act he must not perform, or whoever intercedes in bribing an official person in the manner described above shall be punished by a prison sentence for a term from six months to five years.
(3) The perpetrator of the offence set forth in paragraphs 1 and 2 of this Article who had reported the offence before he learned it had been detected may be released from punishment.
(4) Provisions of paragraphs 1, 2 and 3 of this Article shall also apply when a bribe was given, offered or promised to a responsible officer or another person of an institution or another non-commercial entity.

Article 426
Whoever, with the intention of destroying a national, ethnic, racial or religious group in whole or in part, orders killings or inflicting serious bodily injuries or serious impairment of physical or mental health of the group members, or that the group be put under such living conditions which are created to bring about its physical destruction in whole or in part, or that measures be pronounced intended to prevent births within the group, or that children of the group be forcibly moved to another group, or whoever with the same intent commits one of the foregoing acts, shall be punished with a sentence of imprisonment for not less than five years or long term imprisonment.

Article 427
Whoever, in violation of the rules of international law, as part of a widespread or systematic attack directed against any civilian population, orders any of the following: murders; deliberately inflicting on the population or parts thereof conditions of life calculated to bring about its physical destruction in whole or in part; enslavement; forcible transfer of population; torture; rape; enforced prostitution; forced pregnancy or enforced sterilization with the intent of affecting the ethnic composition of the population; persecution or expulsion on political, religious, racial, national, ethnic, cultural, gender or other grounds; detention or abduction of persons followed by a refusal to acknowledge that deprivation of freedom with the intention of removing them from the protection of the law; oppression and domination by one racial group over any other racial group; or other inhumane acts of a similar character intentionally causing great suffering, or serious injury to health; or who commits any of the foregoing acts shall be punished by a prison sentence for a term not shorter than five years or a long-term prison sentence.

Article 428
(1) Whoever, in violation of the rules of international law, in time of war, armed conflict or occupation orders an attack upon civilian population, settlement, individual civilians, incapacitated persons or personnel or installations involved in a humanitarian assistance or peacekeeping mission; an indiscriminate attack affecting the civilian population or civilian facilities under special protection of international law; launching an attack on military objective in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects which would be clearly excessive in relation to the military advantage anticipated; orders action against civilian population so as to physically injure, torture, treat inhumanly, use in biological, medical and other scientific experiments or take tissue or organs for transplantation, or to perform other acts causing harm to health or great suffering, or ordering the displacement or movement or forcible change of nationality or religion; coercion to prostitution or rape; taking of measures of intimidation and terror, taking of hostages, collective sentencing, unlawful placing under arrest and detention; deprivation of the right to a just and impartial trial; proclamation of rights and acts of nationals of the opposite party forbidden, suspended or not allowed in court procedure; compelling to serve in the armed forces of a hostile power or in its intelligence service or administration; compulsory recruitment of persons under the age of eighteen years into the armed forces; forced labour; starvation of population; large-scale misappropriation, seizing or destroying of the population's property which is not imperatively demanded by the necessities of war; taking an illegal and disproportionate contribution or requisition; devaluation of domestic money or the unlawful issuance of money or who commits any of the foregoing offences shall be punished by a prison sentence for a minimum term of five years.
(2) The penalty set out in paragraph 1 of this Article shall also be imposed on those who, in violation of rules of international law applicable in the time of war, armed conflict or occupation, order: that an attack be launched against objects accorded specific protection under international law, as well as works and installations containing dangerous forces, namely dams, dykes and nuclear electrical generating stations; that civilian objects accorded specific protection under international law, non-defended localities and demilitarized zones be targeted; infliction of long-term and severe damage to the natural environment that may prejudice the health or survival of the population, or whoever commits any of the
foregoing acts.
(3) Whoever in the time of war, armed conflict or occupation orders killings of the civilian population or who commits such a crime shall be punished by a prison sentence for a term not shorter than ten years or by a long-term prison sentence.
(3) Whoever in violation of rules of international law applicable in the time of war, armed conflict or occupation, orders or carries out as an occupier the resettlement of parts of his civilian population into the occupied territory, shall be punished by a prison sentence for a minimum term of five years.
(5) Whoever threatens to commit one or more offences set forth in paragraphs 1 and 2 of this Article shall be punished by a prison sentence for a term from six months to five years.

Article 429
(1) Whoever, in violation of rules of international law applicable in the time of war or armed conflict, orders infliction of bodily injuries, torture, inhuman treatment of the wounded, sick and shipwrecked or medical and religious personnel, including therein biological, medical or other scientific experiments, removal of tissue or organs for transplantation or other acts causing injury to health or great sufferings or orders unlawful extensive destruction or appropriation of materials, medical transports and supplies of medical establishments or units not justified by military necessity, or whoever commits any of the foregoing acts shall be punished by a prison sentence for a term not shorter than five years.
(2) Whoever in the time of war, armed conflict or occupation orders killings of the wounded or sick or who commits such a crime shall be punished by a prison sentence for a term not shorter than ten years or by a long-term prison sentence.

Article 430
(1) Whoever, in violation of rules of international law, orders infliction of bodily injuries, torture, inhuman treatment of the prisoners of war, including therein biological, medical or other scientific experiments, removal of tissue or organs for transplantation or other acts causing injury to health or great sufferings or orders the compelling to serve in the armed forces of a hostile Power or the depriving of the right to a fair and regular trial, or who commits any of the foregoing acts, shall be punished by a prison sentence for a minimum term of five years.
(2) Whoever in the time of war, armed conflict or occupation orders killings of the prisoners of war or who commits such a crime shall be punished by a prison sentence for a term not shorter than ten years or by a long-term prison sentence.

Article 431
(1) Whoever conspires with another to commit any of the criminal offences set forth in Articles 426 to 430 of this Code, shall be punished by a prison sentence for a term from three months to three years.
(2) Whoever organizes a group in view of committing any of the criminal offences set forth in paragraph 1 of this Article, shall be punished by a prison sentence for a term from five to fifteen years.
(3) Whoever becomes a member of the group set out in paragraph 1 of this Article, shall be punished by a prison sentence for a term from one to eight years.
(4) The perpetrator of the offence set forth in paragraphs 1 and 3 of this Article who exposes the conspiracy or the group before committing a criminal offence as its member or on behalf of the group, and a perpetrator of the offence set forth in paragraph 2 of this Article who prevents the commission of the offence set forth in paragraph 1 of this Article may receive a lighter sentence.
(5) Whoever calls for or incites to the commission of criminal offences set forth in Articles 426 to 430 of this Code, shall be punished by a prison sentence for a term from two to ten years.

Article 434
(1) Whoever, in violation of rules of international law in time of war or armed conflict, kills or wounds an enemy who has laid down his weapons or has unconditionally surrendered or was left without any means of defence shall be punished by a prison sentence for a term from one to fifteen years.
(2) Where the murder set out in paragraph 1 of this Article was committed in an insidious manner or out of base motives, the perpetrator shall be punished by a prison sentence for a minimum term of ten years.
(3) Where the murder set out in paragraph 1 of this Article was committed in a cruel manner or out of greed or if several persons were murdered, the perpetrator shall be punished by a prison sentence for a minimum term of ten years or a longterm prison sentence.
(4) The penalty set out in paragraph 3 of this Article shall also be imposed onwhomever, in violation of rules of international law in time of war or armed conflict, orders that there shall be no enemy survivors or who conduct hostilities on this basis.

Article 437
Whoever, in violation of rules of international law, treats inhumanly the wounded, sick or prisoners of war, or who prevents or denies their access to the rights vested in them under such rules or who orders the commission of such offences shall be punished by a prison sentence for a term from six months to five years.

Article 438
Whoever, in violation of rules of international law, after the end of a war or armed conflict, unjustifiably delays the repatriation of prisoners of war or civilians, or who orders such a delay shall be punished by a prison sentence for a term from six months to five years.

Article 439
(1) Whoever, in violation of rules of international law in time of war or armed conflict destroys or uses for military purposes cultural or historic monuments or other cultural goods or religious facilities or institutions or facilities intended for science, art, education or humanitarian aims or who misappropriates a movable cultural good or orders the commission of such offences shall be punished by a prison sentence for a term from three to fifteen years.
(2) Where the action set out in paragraph 1 of this Article resulted in the destruction of a facility which is under special protection of international law as a cultural good, the perpetrator shall be punished by a prison sentence for a term from five to fifteen years.

Article 441
(1) Whoever misuses or carries without authorization the flag or emblem of the United Nations or the flag or emblem of the International Committee of the Red Cross or symbols equivalent to them or other internationally recognized signs used to mark certain facilities for their protection against military operations or who orders that such offences be committed shall be punished by a prison sentence for a term not exceeding three years.
(2) Whoever commits the offence set forth in paragraph 1 of this Article in a zone of war operations shall be punished by a prison sentence for a term from six months to five years.

Article 442
(1) Whoever calls for or incites to an act of aggression shall be punished by a prison sentence for a term from two to twelve years.
(2) Whoever orders an act of aggression or takes part in taking a decision that an act of aggression be committed shall be punished by a prison sentence for a minimum term of ten years or by a forty year prison sentence.
(3) Whoever prepares for the offence set forth in paragraph 2 of this Article shall be punished by a prison sentence for a term from six months to five years.

Part Two
COURSE OF THE PROCEEDINGS

B. PRE-MAIN HEARING PROCEEDINGS

Chapter XVIII
INVESTIGATION

Maintaining order during Investigation

Article 285
(1) During the course of the evidence gathering process, the State Prosecutor or investigative judge shall maintain order and protect participants in the proceedings from insults, threats and any other form of assault.

(2) A fine not exceeding € 1,000 may be imposed on a participant in the proceedings or other person who, during the evidence gathering process and after given caution, has been disturbing order, givingm the participants of the proceedings offenses, or endangering their safety ; The investigative judge shall impose the abovementioned fine at his/her own discretion or upon a motion by the State Prosecutor. If the presence of such person is not necessary, the person may be removed from the place where the evidence gathering action is being carried out.

(3) The accused person may not be fined but s/he may be taken away from the place where the evidence gathering action is being carried out.

(4) If the State Prosecutor disturbs the order, the investigative judge shall proceed pursuant to the provision from Article 321 Paragraph 5 of the present Code.