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.
1. Subject to article 110, the Court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this Statute:
(a) Imprisonment for a specified number of years, which may not exceed a maximum of 30 years; or
(b) A term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted person.
2. In addition to imprisonment, the Court may order:
(a) A fine under the criteria provided for in the Rules of Procedure and Evidence;
(b) A forfeiture of proceeds, property and assets derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties.