Наказателен кодекс на Република Турция

Criminal Code

Law Nr. 5237

Passed On 26.09.2004

(Official Gazette No. 25611 dated 12.10.2004)

FIRST VOLUME

General Provisions

FIRST CHAPTER

Basic Principles, Definitions and Field Of Application

FIRST SECTION

Basic Principles and Definitions

Object of Criminal Code

ARTICLE 1- (1) The object of Criminal Code is to protect the individual rights and freedom , public order and security, state of justice, public health and environment, and communal peace, as well as to discourage commitment of offences. This Law defines the basic principles for criminal responsibility and types of crimes, punishments and security precautions to be taken in this respect.

Legality rule in offences and punishments

ARTICLE 2- (1) A person may neither be punished nor be imposed cautionary judgment for an act which does not explicitly constitute an offence within the definition of the Law. Furthermore, application of punishments and security precautions besides those stipulated in this Law is not allowed.

(2) No criminal punishment may be imposed based on regulatory transactions of the Administration.

(3) Application of provisions of the Laws relating to crimes and punishments by analogy is prohibited. The provisions relating to crimes and punishments may not be interpreted in way to lead to analogy.

Equitable principle

ARTICLE 3- (1) Offender may be subject to a punishment and imposition of security measures in proportion with the grossness of the illegal acts executed by him.

(2) Neither discrimination can be made between the persons in respect of races, language, religion, sects, nationality, color, sex, political tendencies etc. nor a person can be subject to special and different treatment before the laws and courts.

Binding nature of the Law

ARTICLE 4- (1) Ignorance of the criminal laws may not be an excuse.

(2) However, a person who commits an offence through an inevitable mistake due to his ignorance of the law may not be kept criminally responsible from such offence.

Relation with the Special Laws

ARTICLE 5-(1) The general provisions of this Law are applicable also for the offences under the cover of special criminal laws and other legislation relating to criminal punishment.

Definitions

ARTICLE 6- (1) In practice of criminal laws, the terms used herein, shall have the following meanings;

a) Citizen ; Any person who is a Turkish citizen during the commission of an offence;

b) Minor ; Any person not attained the age of  eighteen

c) Public Officer; Any person selected or appointed to carry out public duty for a temporary or permanent period.

d) The Judicial Authorities; Members and judges of the Supreme Courts and administrative, and military courts as well as Public Prosecutor and attorneys at law;

e) Night Time; period starting one hour after the sunset and ending one hour before the sunrise;

f) Arms;

1) Fire guns

2) Explosives

3) All kinds of cutting, piercing or injuring instrument used for to attack or defense oneself;

4) Other instruments which are suitable to use in attack or defense although actually not manufactured for this purpose;

5) Burning, corrosive, harmful, suffocating, toxic nuclear, radioactive, chemical and biological substances which cause unrecoverable disease;

g) Press and Broadcast; all kinds of written, visual, audio and electronic means used for public announcements,;

h) Inveterate offender; Any person who commits the same kind of offence within one year or at different times after having been convicted of a heavy offense or any other similar criminal offense which requires imposition of less punishment;

i) Professional Perpetrator; Any person who use to earn money by committing offense in the past;

j) Offender who is a member of a criminal group; Any person who forms or manages a criminal group, or becomes a member of the same, or establishes cooperation with other criminal groups for committing offense.

SECOND SECTION

Field Of Application

In Respect of Time

ARTICLE 7- (1) A person may neither be punishment nor subject to a security measure for an act which does not constitute an offense according to the law in force at the time of commission of the offense. Also, one may neither be punished nor subject to a security measure for an act which does not constitute an offense according to the law which put into force after the commission of the offense. Where a punishment or security precautions of that sort is imposed, its execution and legal consequences are spontaneously abrogated.

(2) Where there are differences between provisions of the law in force at the time of commission of the offense and the provisions of the law subsequently put into force, the law which is in favor of the perpetrator is applied and enforced.

(3) The law in force at the time of conviction is applied in respect of execution of security precautions.

(4) The provisional or permanent laws are continued to be applied for the offenses which are committed during the period when they are in force.

In respect of Location

ARTICLE 8- (1) Turkish laws are applied for the offenses which are committed in Turkey. Where the act constituting an offense is partially or entirely committed in Turkey, or the result is obtained in Turkey, the offense is assumed to have been committed in Turkey.

(2) If the offense is committed;

a) in the Turkish territory, or airspace and Turkish territorial waters,

b) in open seas and the space extending above these waters, and in/by the Turkish vessels and airplanes,

c) in/by Turkish war ships and aircrafts,

d) in the stationary platforms exclusively constructed in the territorial boundaries of  Turkey or in industrial zones,

then this offense is assumed to have been committed in Turkey.

Conviction in a Foreign Country

ARTICLE 9-(1) A person who is convicted in a foreign country for an offense committed in Turkey is subject to retrial in Turkey.

Offences Committed During Performance of A Duty

ARTICLE 10- (1) A new trail can be filed in Turkey for a person who commits an offense in a foreign country while performing an official duty in the name of  Turkey even if he is convicted in a foreign country due to execution of such act.

Offences Committed By the Citizens

ARTICLE 11- (1) If a Turkish citizen, excluding the offences listed in Article 13, commits an offence in a foreign country which requires punishment with a minimum limit of less than one year imprisonment according to the Turkish laws, and if the offender is found in Turkey, then he is punished according to the Turkish laws provided that he is not convicted in the said foreign country for the same offense and there is possibility to proceed a trial in Turkey.

(2) Where the offence requires a punishment with a minimum limit of less than one year imprisonment, the trial is filed only upon rise of complaint by the injured party or the foreign country. In such case, the complaint has to be brought within six months as of the date of entry of the citizen into Turkey.

Offences Committed By the Foreigners

ARTICLE 12-(1) If a foreigner, excluding the offences listed in Article 13, commits an offence in a foreign country causing injury to Turkey, which requires a punishment with a minimum limit of less than one year imprisonment, and if the offender is found in Turkey, then he is punished according to the Turkish laws. However, the trial is filed upon request of the Ministry of Justice.

(2) If the offence mentioned in the afore subsection is committed with the intension of causing injury to a Turkish citizen or a legal entity incorporated according to the Turkish laws and subject to special law, and if the offender is found in Turkey, then the perpetrator is punished according to the Turkish Laws upon complained of the injured party provided that that he is not convicted in the said foreign country for the same offense.

(3) If the aggrieved party is a foreigner, he is tried upon request of the Ministry of Justice in case of existence of the following conditions;

a) Where the offence requires punishment with a minimum limit of less than three years imprisonment according to the Turkish Laws;

b) Where there is no extradition agreement or the demand of extradition is rejected by the nation where the crime is committed or the person accused of a crime holds citizenship.

(4) A foreigner who is convicted of an offence in a foreign country within the scope of first subsection, or the action filed against him is extinguished or the punishment is abated, or the offence committed is not qualified for the prosecution, then a new trial can be filed in Turkey upon request of the Ministry of Justice.

Other Offences

ARTICLE 13- (1) The Turkish laws are applied in case of commitment of following offences by the citizens or foreigners in a foreign country;

a) Offences listed under Second Chapter of Second Volume.

b) Offences listed under Third, Fourth, Fifth, Sixth, Seventh and Eighth Sections in the Fourth Chapter of Second Volume.

c) Torture (Clauses 94,95)

d) Intentional environmental pollution (Clause 181)

e) Production and trading of habit-forming drugs or excitant substances (Clause 188), encouragement of use of habit-forming drugs or excitant substances (Clause 190).

f) Counterfeiting money (Clause 197), manufacturing and trading of instruments used in production of money and valuable seals/stamps.

g) Whoredom (Clause 227)

h) Bribery (Clause 252)

i) Confiscation or hijacking of aircraft, vehicles or vessels (Clause 223, subsections 2 and 3), or offences committed with the intention to give damage to these properties (Clause 152).

(2) A trial can be filed in Turkey upon request of the Ministry of Justice even if the offender is convicted or acquitted of an offense defined in paragraphs (a) and (b) of the first subsection.

Investigation in Alternative Punishments

ARTICLE 14 -(1) No investigation or prosecution is started if it is allowed to choose either punishment of imprisonment or administrative fine as noted in articles 11 and 12.

Quantification Of Punishment Subject To Investigation

ARTICLE 15 – (1) In cases where it is deemed necessary to carry out investigation to quantify the punishment, the minimum limit of legitimate aggravation and maximum limit of legitimate extenuation should be considered during the calculations.

Deduction of Punishment

ARTICLE 16 -(1) No matter where the offence is committed, the period lapsed under observation, detention or conviction is deducted from the punishment to be given for the same offense in Turkey.

Disqualification from Certain Rights

ARTICLE 17-(1) Under the above-mentioned circumstances, if a judgment given by a foreign court seeks disqualification of a certain right according to Turkish Laws, then the court, upon demand of the Public Prosecutor, may decide recognition of legal consequences of this judgment in Turkey as long as it is not contrary to the Turkish judicial system.

Extradition

ARTICLE 18-(1) A foreigner accused or convicted of a crime committed in a country may be returned to his country upon demand for prosecution or execution of the punishment. However, the demand for extradition is rejected;

a) If the act does not constitute an offense according to the Turkish laws,

b) If  the act is not in the nature of a political or military offense,

c) If the offense is committed against the security of Turkish State, or with the intention of damaging the Turkish State or a Turkish citizen or a legal entity incorporated according to the Turkish laws,

d) If the offense is within the competence of the Turkish courts,

e) If the action is subject to statute of limitation or amnesty.

(2) Excluding the provisions seeking participation in the International Criminal Court, a citizen may not be returned to a foreign country due to committed offense.

(3) The demand for extradition is rejected if there is deep concern or uncertainty about the future of a person after being extradited, whether he will be subject to prosecution or punishment due to racial, religious preference, or nationality, or membership to a social or political group, or to a cruel treatment or torture.

(4) The high criminal court at the domicile of the concerned person is entitled to give decision on the demand for extradition according to the provisions of this article and relevant international agreements of which Turkey is one of the parties.

(5) If the court adjudicates acceptability of the demand for extradition, the enforcement of this decision is within discretion of the Ministers’ Council.

(6) Decision may be taken for application of protective measures for the person subject to extradition according to the relevant international agreements of which Turkey is one of the parties.

(7) In case the demand for extradition is adjudicated acceptable, a decision may be given for arrest of the accused or may apply to other protective measures according to the according to the Code of Criminal Procedure.

(8) A person subject to extradition may be tried or convicted of an offense which constitutes the basis of this decision, or sentenced to punishment.

Consideration of Foreign laws

ARTICLE 19- (1) The punishment given in Turkey to a person who is convicted of an offense committed beyond the political authority of Turkey, may not be more than the maximum limit of the punishment stipulated in the laws of the country where the offense is committed.

(2) However, the provisions of the above subsection may not be applied if the offense is committed;

a) Against the security of the Turkish State, or with the intention of giving injury to the State, or

b) Against Turkish citizens, or with the intention of giving injury to the legal entities incorporated according to Turkish legislation and subject to special law.

SECONED CHAPTER

Essence of Criminal Responsibility

FIRST SECTION

Individuality of Criminal Responsibility, Malice and Negligence

Individuality of Criminal Responsibility

ARTICLE 20- (1) Criminal responsibility arises from a private wrong. No one can be kept responsible from another person’s act.

(2) No punitive sanctions may be imposed for the legal entities.  However, the sanctions in the form of security precautions stipulated in the law for the offenses are reserved.

Malice

ARTICLE 21- (1) In order to consider an act as an offense, a crime has to be intended by the offender. Malice is an intention to cause harm being aware of the legal consequences of the crime defined in the laws.

(2) Execution of an act by a person being aware of its legal consequences defined in the law is considered as malice. In that case, the offender is sentenced to life imprisonment in offences which require heavy imprisonment and to imprisonment between twenty years and twenty-five years in the offenses which require life imprisonment; in other offenses the basic punishment is abated from one third to one half.

Negligence

ARTICLE 22- (1) Offenses occasioned by negligent act are punished as expressly defined in the laws.

(2) Negligence is failure to take proper care or precaution during performance of an act without being aware of legal consequences of the crime defined in the laws.

(3) Where an act of person creates the legal consequence defined in the laws beyond his will, this is considered as intentional negligence; in such case the punishment imposed for negligent act is increased from one third to one half.

(4) The punishment to be given due to negligent offense is determined according to the fault of the offender.

(5) In negligent offenses committed by more than one person, each one is blamed of his own fault. The punishment is assessed individually according to the fault of each offender.

(6) No punishment is given if the legal consequence of the negligent offense exclusively results with injury of the offender either in person, rights or reputation in such a way not to require imposition of punishment; in case of intentional negligence, the punishment to be imposed may be abated from one half to one sixth.

Offences Aggravated As A Result Of Injurious Consequences

ARTICLE 23-(1) In order to keep a person responsible from an act which can be considered as matter of aggravation, or injurious consequence beyond the intended purpose, this person at least should have acted with negligence.

SECOND SECTION

Excusatory and Mitigating Causes

Mandatory Provision and Order of the Supervisor

ARTICLE 24-(1) No punishment is imposed for a person who complies with the mandatory provisions.

(2) Also, a person who meets an order given by an authorized body as a part of his duty may not be kept responsible from such act.

(3) An order constituting an offense should never be fulfilled. Otherwise, the person fulfilling the order and the person giving the order is kept responsible at the same time.

(4) In cases where inspection of the order in respect of compliance with the laws is avoided, the person giving the order is responsible from fulfillment of the order.

Self Defense and State of Necessity

ARTICLE 25- (1) No punishment is given to an offender who acts with immediate necessity, according to the prevailing conditions, to repulse or eliminate an unjust assault against his or another person’s rights, of which the recurrence is highly expected.

(2) No punishment is given to the offender for an act executed to protect himself from a severe and definite danger or an assault against his or another person’s rights, where he has no other choice to eliminate this danger. However, there should be proportional relation between the imminent necessity to protect oneself and the seriousness of danger, and the means used to eliminate this danger.

Use of a right and consent of the concerned body

ARTICLE 26- (1) No punishment is given to a person using his rights.

(2) No punishment is given to a person acting under the consent of a person relating to a right disposable by that person.

Exceeding of limit

ARTICLE 27- (1) Where the limit is unintentionally exceeded due to excusatory causes, the punishment is imposed by reducing the punishment stipulated in the law for negligent offenses (from one sixth up to one third), if the act is subject to punishment even executed in negligence.

(2) No punishment is given to the offender if the limit during self-defense is exceeded as a result of excusable excitement, fear or anxiety.

Force and Violence, Menace and Threat

ARTICLE 28- (1) No punishment is imposed to a person who commits an offense as a result of intolerable or inevitable violence, or serious menace or gross threat. In such cases, the person involved in violence, menace and threat is considered as the offender.

Unjust Provocation

ARTICLE 29- (1) A person committing an offense with affect of anger or asperity caused by the unjust act is sentenced to imprisonment from eighteen years to twenty-four years instead of heavy life imprisonment, and to imprisonment from twelve years to eighteen years instead of life imprisonment. In other cases, the punishment is abated from one-fourth up to three thirds.

Mistake

ARTICLE 30-(1) A person executing an act without knowing factual means of offense defined in the law is not considered to have acted intentionally. The state of negligent responsibility is reserved due to such mistake.

(2) A person who is mistaken about the factual qualifications of an offense which require heavier or less punishment may take advantage of this mistake.

(3) A person who inevitably makes mistake about existence of conditions eliminating or diminishing criminal responsibility may take advantage of this mistake.

Minority

ARTICLE 31-(1) The children having not attained the full age of twelve on the commission date of the offense, may not have criminal responsibility. Besides, no criminal prosecution may be commenced against such persons; but, it may be deemed necessary to take certain security precautions specific to children.

(2) In case a person who attained the age of twelve but not yet completed the age of fifteen on the commission date of the offense does not have the ability to perceive the legal meaning and consequences of the offense, or to control his actions, he may not have criminal responsibility for such behavior. However, security precautions specific to children may be adopted for such individuals. If a person has the ability to apprehend the offense he has committed or to control his actions relating to this offense, then such person may be sentenced to imprisonment from nine years to twelve years if the offense requires heavy life imprisonment; from seven years to nine years if the offense requires life imprisonment. Two thirds of other punishments is abated and in this case, the imprisonment to be imposed for each offense may not be more than six years.

(3) A person who attained the full age of fifteen but not yet completed the age of eighteen on the commission date of the offense is sentenced to imprisonment from fourteen years to twenty years if the offense requires heavy life imprisonment; and from nine years to twelve years if the offense requires life imprisonment. One half of the other punishments is abated and in this case, the imprisonment to be imposed for each offense may not be more than eight years.

Insanity

ARTICLE 32-(1) A person lacking ability to perceive the legal meaning and consequences of the offense, or having considerably lost the capacity to control his actions due to insanity may not be subject to any punishment. However, security precautions are imposed for such individuals.

(2)Even if not to such an extent stated in the first subsection, a person lacking ability to control or direct his actions in respect of offense committed by him is sentenced to twenty five years imprisonment instead of heavy life imprisonment and to twenty years imprisonment instead of life imprisonment. In other cases, on sixth of the punishment to be imposed may be abated. The entire or part of penalty inflicted may be applied as security precaution specific to insane persons, provided that the sentence period remains the same.

Deafness and Dumbness

ARTICLE 33- (1) The provisions of this Law relating to minors not attained the full age of twelve on the commission date of offense is also applicable for the deaf and dumb persons not attained the full age of fifteen; the provisions relating to those attained the full age of twelve but not yet completed the age of fifteen are applicable for the deaf and dumb persons who attained the full age of fifteen but not yet completed the age of eighteen; the provisions relating to those attained the full the age of fifteen but not yet completed the age of eighteen are applicable for the deaf and dumb persons who attained the full age of eighteen but not yet completed the age of twenty.

Ephemeral Reasons, Addiction To Alcohol and Drugs

ARTICLE 34- (1) No punishment is imposed to a person lacking ability to perceive the legal meaning and consequences of the offense or having considerably lost the capacity to control his actions due ephemeral reasons or use of alcohol or drugs beyond his own will.

(2) The provisions of first subsection may not be applicable for the persons committing an offense with the affect of alcohol and drugs used consciously.

THIRD SECTION

Attempt To Commit An Offence

Attempt To Commit an Offence

ARTICLE 35- (1) A person who acts with the intention of committing crime but fails to perform the acts necessary to commit the crime due to a cause beyond his control, is considered to have attempted to commit crime.

(2) In case of attempt to commit crime, the offender is sentenced to imprisonment from thirteen years to twenty years instead of heavy life imprisonment according to the seriousness of the damage or danger; and imprisonment from nine years to fifteen years instead of life imprisonment. In other cases, the punishment is abated from one-fourth up to three-fourth.

Voluntary Abandonment

ARTICLE 36 – If a person voluntarily abandons performance of the acts necessary to commit the crime, or avoids accomplishment of the crime with his own efforts, then he may not be punished for this crime; however, where the accomplished part constitutes an offense, punishment is given only for this specific offense.

FOURTH SECTION

Participation In Commission of A Crime

Perpetration

ARTICLE 37-(1) Each one of the persons who jointly execute the act defined as crime in the law is responsible from its legal consequences as the offender.

(2) Also, a person who uses another person in commission of a crime is also kept responsible as the offender. The punishment of the persons who uses a person(s) lacking culpability is increased from one–third up to one half.

Solicitation

ARTICLE 38- (1) A person soliciting another person to commit offense is punished according to the degree of crime committed.

(2) In case of solicitation to commit offense by using the power originating from lineage (antecedent/descendent) relation, the punishment of the soliciting person is increased from one-third to one half. The lineage relation is not sought for increase of punishment pursuant to the provisions of this subsection in case of solicitation of minors to commit offense.

(3) Where the soliciting person is not known, the offender who plays role in identification of the soliciting person, or other accomplice is sentenced to imprisonment from twenty years to twenty-five years instead of heavy life imprisonment and to imprisonment from fifteen years to twenty years the offense requires life imprisonment. In other cases, one-third of the punishment can be abated.

Encouragement of A person To Commit Offence

ARTICLE 39- (1) A person encouraging another person to commit offense is sentenced to life imprisonment from fifteen years to twenty years if subject to heavy life imprisonment; and from ten years to fifteen years imprisonment if the offense requires life imprisonment.

2) A person is kept responsible under the following conditions from commission of offense as the party encouraging the offender;

a) To solicit a person for commission of an offense or to support his decision to commit offense or to guarantee help after commission of offense.

b) To give idea about how the offense shall be committed or to supply the necessary tools to be used during commission of offense.

c) To render support before and during the commission of offense in order to simplify the intended act.

Connected offenses

ARTICLE 40- (1) If an act is executed intentionally and contrary to the laws, then this is considered as participation in commission of offense.  Each person participating in commission of an offense is punished according to his involvement in the offense, irrespective of the personal reasons avoiding the punishment of the other.

(2) In particular offenses the person possessing the characteristics of a perpetrator is defined as offender. The others who participate in commission of offense are kept responsible from commission of offense as soliciting or supporting parties.

(3) In order to keep a person responsible from participation in commission of an offense, at least there must be an attempt to commit offense.

Voluntary Abandonment in Jointly Committed Offenses

ARTICLE 41-(1) In jointly committed offenses, only the accomplice who voluntarily abandons the attempt to commit offense may benefit from the provisions of the law relating to voluntary abandonment.

(2) The provisions relating to voluntary abandonment is applied;

a) If the commission of offense is not bound to any other reason than the efforts shown by the person who voluntarily abandons the attempt.

b) If the offense is committed despite all the efforts of the person who voluntarily abandons the attempt.

FIFTH SECTION

Joinder of Offenses

Joint Offenses

ARTICLE 42-(1) Any offense which is considered to have been committed by a single act, where each act constitutes the moral elements or aggravating reasons of the other, is called joint offense. The provisions relating to joinder may not be applicable for such offenses.

Successive Offenses

ARTICLE 43- (1) In case of commission of the same offense against a person more than once at successive intervals, the offender is imposed a punishment.  However, this punishment may be increased from one-fourth to three-fourth. The basic elements or characteristics of an offense determining the degree of punishment (heavy or light punishment) are considered to define whether the intended act is the same offense or not.

(2) The provisions of first subsection are applied in case of commission of the same offence against more than one person with a single attempt.

(3) The offences such as voluntary manslaughter (felonious homicide), felonious injury, torture, sexual abuse and plunder are not subject to the provisions of this article.

Joinder of ideas

ARTICLE 44- (1) A person, who is considered to have committed more than one offense through performance of an act, is punished from the offense which requires imposition of heavier punishment.

THIRD CHAPTER

Sanctions

FIRST SECTION

Punishments

Punishments

ARTICLE 45-(1) The punishments to be imposed as sanction against the offenses are imprisonment and administrative fines.

Punishment of Imprisonment

ARTICLE 46- (1) Following are the punishments of imprisonment;

a) Heavy life imprisonment

b) Life imprisonment

c) Imprisonment for definite period

Heavy Life Imprisonment

ARTICLE 47-(1) Heavy life imprisonment continues until death of the convict and is enforced under the strict security measures as defined in the law and statute.

Life Imprisonment

ARTICLE 48-(1) Life imprisonment continues until the death of the convict.

Imprisonment for definite period

ARTICLE 49-(1) Unless otherwise is provided by the law, imprisonment for definite period may not be less than one month, more than twenty years.

(2) The imprisonment for one year or less than a year is considered as short-term imprisonment.

Sanctions precedent for sentence to short-term imprisonment

ARTICLE 50 – (1) Short-term imprisonment may be converted to following punishments according to the personality, social and economical status of the convict, repentance shown by him during the trial period and qualifications of the offense;

a) Administrative fine,

b) Reimbursement of overall loss encountered by the aggrieved party or public, reinstatement or compensation of damages,

c) Admittance to an education institution for a period of at least two years to improve professional skills or to learn art by providing shelter,

d) Prohibition from traveling to certain places and to conduct certain activities for a period up to half of the imposed punishment.

e) In case of commission of an offense by misuse of rights and powers or by failing to take proper care and necessary precautions; seizure of driving license and other license certificates and prohibition from performance of certain profession or art for a period from one half up to  one folds of the imposed punishment.

f)  Voluntary employment in a job performed for public interest for a period from one half up to one folds of the imposed punishment.

(2) If a person is sentenced to imprisonment in cases where punishment of imprisonment or imposition of administrative fine is foreseen as alternative in definition of offense, then this punishment may no longer be converted to administrative fine.

(3) The punishment of imprisonment for thirty days and more, as well as for a period one year or less, imposed to a person under the age of eighteen and those not completed the full age of sixty five on the commission date of the offense, is converted to one of the alternative sanctions listed in first subsection provided that he has no previous conviction.

(4) Even if punishment of imprisonment is imposed for a longer period due to negligent offenses, this punishment may be converted to administrative fine according to paragraph (a) of first subsection in case of existence of other conditions.

(5) In practice, the principal conviction is the administrative fine or precaution converted to according to the provisions of this article.

(6) In case of failure to meet the requirements of the alternative sanctions within thirty days despite the notification of the Public Prosecutor after finalization of the sentence, or discontinued performance after being started, the court giving decision for conviction may adjudicate immediate execution of all or part of the short-term punishment of imprisonment. In this case, the provisions of the fifth subsection may not be applicable.

(7) If the convict fails to meet the requirements of the preferred precaution due to reasons beyond his control, the precaution is altered by the court giving the decision.

Suspension of Sentence

ARTICLE 51- (1) Execution of the punishment imposed to a person who is sentenced to two years or more imprisonment due to committed offense may be suspended for a definite or indefinite time. The maximum limit of this period is three years for the persons not completed the full age of eighteen or the age of sixty-five on the commission date of offense. However, in order for the court to give decision for suspension of the sentence;

a) One should not be previously sentenced to imprisonment more than three months due to a felonious intent,

b) The court should reach to a conclusion that recurrence of the offense is out of question due to repentance shown by the offender during the trial period.

(2) Suspension of sentence may be bound to reimbursement of the losses encountered by the aggrieved party or public, or reinstatement of the deteriorated conditions or compensation of damages.  In such case, the sentence is enforced in the execution institution under the judge’s decision until fulfillment of all the conditions. Upon recovery, the convict is immediately released from the execution institution under the decision of the judge.

(3) An inspection period not less than one year, more than three years, is determined for the convict whose sentence is suspended.  The minimum limit of this period may not be less than the imposed punishment.

(4) During the inspection period, the court may adjudicate;

a) Admittance of the offender to a training program if he has no profession or skills,

b) Employment of the convict in a public institution or another job under supervision against payment of wage if he has profession or required skills,

c) Admittance of convicts below the age of eighteen to a training institution in order to enable them to gain a profession or art.

(5) The court may assign an expert to guide the convict during the inspection period. This person gives advice to the convict to persuade him to give up bad habits and to act with the conscious of his responsibilities for a good life; by establishing contact with the authorities or staff of the training institution, exchanged views about the progress of the convict; prepares quarterly reports about the behavior, social adaptation and progress of the convict to be submitted to the judge.

(6) The court may also adjudicate proceed of inspection against no obligation or without assigning an expert (sponsor) in consideration of private and social conditions of the convict.

(7) In case the convict acts with felonious intent or insists not to fulfill the obligations conferred upon by the judge during the inspection period despite the warning of the judge, the court may decide enforcement of the suspended sentence, partially or entirely, in the execution institution.

(8) The sentence is considered to have executed if the convict acts in compliance with the rules or shows good manners during the inspection period.

Administrative Fine

ARTICLE 52- (1) Administrative fine is an amount payable to the State Treasury and is calculated by multiplying the full number of days subject to penalty with the amount fixed for per day. The quantified days may not be less than five and more than seven hundred thirty days unless otherwise is provided in the law.

(2) The amount of administrative fine which is determined as at least twenty, at most hundred Turkish Lira per day is assessed in consideration of the private and economic conditions of the person.

(3) It is a basic rule to indicate the quantified full days and the amount fixed for one day separately in the decision.

(4) The Judge may grant respite period not exceeding one year as of the finalization date of judgment seeking payment of administrative fine in consideration of private and economic conditions of the person subject to penalty. Payment of this fine in installments may also be adjudicated in the decision. However, the installment period may not exceed two years and the amount is payable at most in four installments. The decision should also contain a statement requesting collection of the remaining portion of the fine if failed to pay any one of the installments, and also a warning notifying conversion of administrative fine to punishment of imprisonment in case of such failure.

SECOND SECTION

Security Precautions

Disqualification from use of certain rights

ARTICLE 53- (1) As legal consequences of sentence to imprisonment due to a felonious intent, a person may be disqualified from;

a) Undertaking of a permanent or temporary public service; within this scope, such person is suspended from membership in Turkish Grand National Assembly, or office in any department of the State, province, municipality or employment in an institution and corporation controlled by these administrations,

b) Use of right of voting or right to be elected,

c) Use parental right; assignment in the status of guardian or curator,

d) Employment as manager or auditor in the foundations, associations, unions, companies, cooperatives and political parties in the status of legal entity,

e) To perform a profession or art as free-lancer or tradesman subject to consent of a professional organization in the status of public institution or public corporation.

(2) A person may not use these rights until the punishment of imprisonment is fully executed.

(3) The provisions of the above subsections may not be applied in cases where the sentence of the offender acting as guardian or curator is suspended or he is conditionally released.

(4) The provisions of the first subsection may not be applicable for the persons whose short-term sentence is suspended or not attained the full age of eighteen on the commission date of the offense.

(5) Where a person is sentenced to imprisonment due to misuse of any one of the rights and powers listed in the first subsection, the court may further prohibit use of these rights and powers even after the execution of the sentence by increasing the punishment from one half up to one folds. In case of imposition of administrative fine as punishment due to offenses committed by misuse of such rights and powers, the court may prohibit use of these rights and powers as much as from one half of quantified days up to one folds. The period of prohibition executed upon finalization of the decision starts to run as of the date on which the administrative fine is fully executed.

(6) In case of conviction from a negligent offense due to breach of obligations in professional field, or violation of traffic rules by acting carelessly and without taking the necessary precautions, the court may decide disqualification from performance of this profession or art, or seizure of the driving license for a period not less than three months and more than three years.

The sentence is executed upon finalization of prohibition and seizure decision.

Seizure of Property

ARTICLE 54-(1) The court may adjudicate seizure of the property/tools used in or reserved for commission of felonious offense, provided that such property does not belong to third parties. The property/tools prepared for use in commission of offense is seized if it is determined to be dangerous for public safety, public health or oral principles.

(2) In case of concealment, disposal, consumption of the property defined in the first subsection, or avoidance of seizure in any other manner, the court may adjudicate confiscation of a sum corresponding to the value of this property.

(3) If it is understood that seizure of the property used in commission of offense will involve consequences heavier than the offense, then the court may refrain from adjudicating seizure of property.

(4) The property of which the production, storage, use, transportation, purchase or sale constitutes an offense is subject seizure.

(5) Where partial seizure is in question, the court may decide seizure of only that portion without giving damage to other parts of the property.

(6) With regard to the property owned by more than one person, the court may adjudicate seizure of the part corresponding to the share of the person participating the offense.

Confiscation of Income

ARTICLE 55-(1) The court may adjudicate confiscation of pecuniary benefits provided through commission of offense, or constituting the object of the offense, or secured for commission of offense, as well as the economic gains recorded as a result of assessment or conversion of these benefits. In order to take decision for confiscation pursuant to the provisions of this subsection, reimbursement of pecuniary benefits to the aggrieved part should be out of question.

(2) In cases where the seizure of the property or pecuniary benefits subject to confiscation is not likely, or it is not possible to deliver the same to the concerned authorities, the court may adjudicate confiscation of the values considered as the counterpart of this property.

Security Precautions Specific To Minors

ARTICLE 56-(1) Types and implementation procedures of the security precautions specific to minors are defined in the relevant law.

Security Precautions Specific To Insane People

ARTICLE 57-(1) Decision for imposition of security precautions is given by the court about a person suffering from mental illness at the time of commission of the offense. The insane people subject to security precautions under the court’s decision are sheltered and taken under protection for treatment purposes in the fully organized health institutions.

(2) An insane person against whom security precautions are imposed, may be discharged from the health institution where he receives treatment under the court’s or judge’s decision if the report prepared by the health commission of the institution contains a statement that there is no risk to the community, or the risk is considerably diminished.

(3) In the report of the health commission, information is provided according to the degree of mental illness and the quality of the offense whether the person is to be kept under the medical control or not and if so, how long this should be continued and at what intervals.

(4) The medical control and observation is provided for a period and at intervals indicated in the report through transfer of these people by the Public Prosecutor’s Office to the health organizations equipped with necessary technical instruments and specialist.

(5) Where the risk created by the mental deficiency of the person is determined to be increased during the medical control and observation, the court may re-adjudicate imposition of security precautions for protection and treatment purposes on the basis of the report.

(6) On the basis of the commission’s report issued by the fully organized health institution where the insane person is sheltered pursuant to the provisions of first and second subsections, the punishment of imprisonment may be applied, partially or entirely, as security precaution specific to persons suffering from mental illness subject to decision of the court: However, the convictions period remains the same.

(7) The court may adjudicate transfer of the persons who commits an offense or addicted to drugs or alcohol to the health institutions rendering therapy in this field. The therapy continues until these persons are saved from using alcohol or drugs. Upon completion of therapy, they are discharged from the health institution on the basis of the report to be prepared by the health commission under the court’s or judge’s decision.

Recidivism and Offenses Of Special Risk

ARTICLE 58-(1) Provisions relating to recidivism are applied in case of commission of an offense after finalization of the decision for conviction. Execution of the sentence is not sought for adoption of this provision.

(2) The provisions relating to recidivism may not be applicable for the offenses committed;

a) After lapse of five years as of the execution date of the sentence to imprisonment more than five years due to previous conviction,

b) After lapse of three years as of the execution date of sentence to imprisonment for five years or less due to previous conviction.

(3) In case of recidivism, the offender is punished with imprisonment if an alternative between imprisonment and administrative fine is provided in the relevant article of the law for the current offense.

(4) The provisions relating to recidivism may not be applicable in the felonious or negligent offenses and exclusive military offenses. Excluding offenses such as felonious homicide, felonious injury, plunder, swindling, production and trading of narcotic and harmful drugs or counterfeiting of valuable stamps, the decisions taken by the foreign courts may not be taken as basis in recidivism.

(5) The provisions relating to recidivism may not be applicable for the offenders not attained the full age eighteen on the commission date of the offense.

(6) The punishment to be imposed in case of recidivism is executed according to the regime exclusive to the recidivists and the convict is released following the execution of the sentence but kept under control and observation as precaution.

(7) The decision for conviction should contain a statement notifying adoption of special execution regime and imposition of precaution seeking control and observation of the recidivist after release.

(8) The sentence and precaution seeking control and observation of the recidivist after release is executed according to the procedure setout in the law.

(9) The court may decide adoption of special execution regime and precaution seeking control and observation of the recidivist after execution of the sentence also for the inveterate offenders, and the persons who commits offense in a professional manner or the offenders belonging to an organized group.

Deportation

ARTICLE 59-(19) After execution of the sentence, the court may adjudicate immediate deportation of a foreigner who is sentenced to imprisonment for a period of two years or more due to committed offense.

Security Precaution For The Legal Entities

ARTICLE 60-(1) In case of conviction of a crime through participation of the organs or representatives of a legal entity subject to special law and operating under the license granted by a public institution or misuse of authorization conferred upon by this license, the court may decide cancellation of this license.

(2) The provisions relating to confiscation are applied also for the legal entities involved in commission of offense.

(3) In cases where application of the provisions of the afore subsections is likely to create heavier consequences, the judge may refrain from imposition of such precautions.

(4) The provisions of this article are applicable for the cases specifically defined by the law.

THIRD SECTION

Determination and Individualization of Punishment

Determination of Punishment

ARTICLE 61-(1) In a concrete event, the judge determines the principal punishment between the minimum and maximum limits of the punishment defined in the law for the committed offense in consideration of the following facts;

a) How the offense is committed;

b) The tools used during commission of offense;

c) Commission time and place of offense;

d) The seriousness and consequences of the offense;

e) The grossness of the danger or risk;

f) The grossness of the fault of the offender based on felony or negligence;

g) The object and intension of the offender.

(2) Increase or reduction of punishment in case of felonious intent or conscious negligence is realized over the punishment to be determined according to the first subsection.

(3) In cases where the facts listed in the first subsection constitute the elements of offense, these facts may not be additionally considered in determination of the principal punishment.

(4) In case an offense creates more than one legal consequence which requires heavier or slighter punishment in regard to basis of the offense, the principal offense is first increased then reduced.

(5) The final punishment is assessed at the discretion of the court or judge over the punishment determined according to the afore subsections in consideration of the qualifications of offense such as attempt to commit an offense, participation in commission of an offense, unjust provocation, minority, insanity and other personal reasons.

(6) The period of punishment of imprisonment is determined on the basis of day, month and year. One day is considered as twenty-four hours; one month is thirty days. The year is calculated according to the official calendar. In punishment of imprisonment, the remainder of one day; in assessment of administrative fine, the remainder of one Turkish Lira may neither be considered in the calculations nor be executed as punishment.

Matters of Discretionary Mitigation

ARTICLE 62- (1) In case of existence of the discretionary matters of mitigation extenuating the punishment in favor of the offender, the offender is sentenced to life imprisonment instead of heavy life imprisonment; or twenty-five years imprisonment instead of life imprisonment. The matters of discretionary mitigation are indicated in the court’s decision.

(2) While evaluating the matters of mitigation, background, social relations and  behavior of the offender after the commission of offense and during the trial period, and potential affects of the punishment on the future of the offender is considered.

Set-off

ARTICLE 63- (1) The conviction periods realized prior to final decision and created by reasons resulting with a punishment limiting personal liberty are deducted from the adjudicated punishment of imprisonment. In case of adjudication of punitive fine, this is deducted from the punishment with the assumption that one day corresponds to one hundred Turkish Lira.

FOURTH SECTION

DISMISSAL OF AN ACTION AND VACATION OF PUNISHMENT

Death of Accused or Convict

ARTICLE 64- (1) In case of death of the convict, the court may adjudicate dismissal of public action. However, the proceedings relating to property and tangible benefits subject to confiscation is continued and decision is taken in this direction.

(2) The punishment of imprisonment and the punitive fines not yet executed is abrogated upon death of the convict. But, execution of judgments finalized before the death of the convict relating to confiscation or court expenses are carried on.

Amnesty

ARTICLE 65- (1) Public action is dismissed in case of amnesty. The imposed punishments are abated together with all consequences.

(2) In case of pardon, the convict may be released from penitentiary where he is sentenced to imprisonment or the period of imprisonment is shortened or the imprisonment can be transformed to punitive fine.

(3) The punishment of disqualification from certain rights under judgment is executed despite of pardon.

Statute of Limitation

ARTICLE 66- (1) Unless otherwise is provided in the law, public action is dismissed upon lapse of ;

a) Thirty years in offenses requiring punishment of heavy life imprisonment,

b) Twenty-five years in offenses requiring punishment of life imprisonment,

c) Twenty years in offenses requiring punishment of imprisonment not less than twenty years,

d) Fifteen years in offenses requiring punishment of imprisonment more than five years and less than twenty years,

e) Eight years in offenses requiring punishment of imprisonment or punitive fine not more than five years

(2) Public action is dismissed upon lapse of half of the a/m periods if the convict completed the age of ten but not yet attained the age of fifteen at the commission date of the offense; as for the convicts who completed the age of fifteen but not attained the age of eighteen, public action is dismissed upon lapse of one third of the a/m periods.

(3) In determination of statute of limitation, the qualified form of offense which requires imposition of heavy punishment is considered on the basis of the evidences presented to the file.

(4) The maximum limit of the punishment assessed in the law for the offense is taken into account during determination of the periods mentioned in afore subsection. In offenses, where imposition of alternative punishment is in question, the punishment of imprisonment is taken as basis with regard to statute of limitation.

(5) For the offender who is re-tried due to execution of same act no matter what the reason is, the statute of limitation to be determined according to the principle stipulated in third subsection for the subsequently tried offense is considered.

(6) In succeeded offenses, the statute of limitation starts to run as of the commission date of offense; in attempt to accomplish offense, as of the execution date of last act; in continuing offenses, as of the date on which the offense is discontinued; and in successive offenses, as of the commission date of last offense. In offenses committed against the minors by the antecedents or the persons who hold control or power on these persons, the statute of limitation starts to run as of the date on which the minor attains the full age of eighteen.

(7) Statute of limitation may not be applicable in case of commission of offenses in abroad, which require heavy imprisonment, or imprisonment or imprisonment more than ten years.

Suspension and Vacation of Statute of Limitation

ARTICLE 67- (1) In cases where the proceeding of investigation and prosecution is bound to a permission or decision, result of a matter to be solved by another authority; the statute of limitation is suspended until such permission or decision is obtained or the matter is resolved, or the court decision declaring the offender fugitive is abated pursuant to the law.

(2) The statute of limitation is vacated;

a) If any one of the suspects or offenders is brought before the court

to take his statement or interrogation purposes.

b) If a decision is taken for arrest of any one of the suspects or offenders,

c) If an indictment is prepared relating to the committed offense,

d) If a decision for conviction is given even though related with some of the offenders.

(3) After vacation of the running of the statute of limitation, an entirely new statute of limitation starts to run. Where there are more than one reasons leading to vacation of statute of limitation, the statute of limitation starts to run again as of the date, which coincides to the occurrence date of the last disruption event.

(4) In case of vacation, the statute of limitation is extended at most up to one half of the period stipulated in the Law for the committed offense.

Statutory Period for Execution of Punishments

ARTICLE 68-(1) The punishments listed in this article may not be executed upon lapse of following periods;

a) Forty years in punishment of heavy life imprisonment,

b) Thirty years in punishment of life imprisonment,

c) Twenty-four years in punishment of imprisonment for twenty years or more,

d) Twenty years in punishment of imprisonment more than five years,

e) Ten years in punishment of imprisonment and punitive fines imposed up to five years.

(2) Punishment may not be executed upon lapse of half of the a/m periods if the convict completed the age of twelve but not yet attained the age of fifteen at the commission date of the offense; as for the convicts who completed the age of fifteen but not attained the age of eighteen, the statutory period is determined as two thirds of the a/m periods.

(3) Statutory period may not be applicable in the punishments of heavy life imprisonment of life imprisonment or imprisonment more than ten years imposed due to offenses committed abroad as detailed in Fourth Chapter, Second Volume of this Law.

(4) The convictions subject to different punishments may not be considered as executed upon lapse of the period prescribed for the heaviest punishment.

(5) Statutory period, during which a penalty is imposed, starts to run as of the finalization date of the conviction or the date on which the execution of punishment is vacated for any reason whatsoever; and remaining portion of the punishment is considered in assessment of this period.

Statutory Period and Disqualification of certain rights

ARTICLE 69-(1) The period during which the convict is disqualified from certain rights bound to a punishment or conviction, continues until expiry of statutory period.

Statutory Period for Confiscation

ARTICLE 70- The decision for conviction may not be executed after lapse of twenty years as of the date of final decision.

Vacation of Statutory Period for Execution of Punishment

ARTICLE 71-(1) Any notice served by the competent authority according to the procedure setout in the law informing the decision of conviction and subsequent arrest of the convict, results with vacation of statutory period.

(2) If a person is convicted of a malicious offense which requires imposition of imprisonment with maximum limit more than two years, this may lead to vacation of statutory period.

Quantification and Application of Statute of Limitation and Statutory Period

ARTICLE 72- (1) Statute of Limitation and Statutory Period is determined on the basis of day, month and year. One day is considered as twenty-four hours; one month is thirty days; and one year is calculated according to officially accepted calendar.

(2) Statute of Limitation and Statutory period is applied ex officio and neither of the suspects, accused and convict may withdraw from exercising these periods.

Offences of which the investigation and prosecution is bound to a complaint, conciliation

ARTICLE 73- (1) No investigation or prosecution is proceeded unless a complaint is brought by the victim of an offense against the offense of which the investigation and prosecution is bound to a complaint.

(2) Provided that the statutory period is not expired, this period starts to run as of the date on which the complainant becomes aware of the malicious act and the offender.

(3) If one of the victims of the offense fails to bring a complaint within six months period, this may not mean the vacation of the rights of the others.

(4) Unless otherwise is provided by the law, in the offenses of which the prosecution is bound to a complaint, withdrawal of the victim from the complaint results with dismissal of the action; withdrawal upon obtaining of final decision may not suppress execution of punishment.

(5) Withdrawal from complaint about one of the accomplice who is some in some way associated in commission of offense (collective offense), also covers the others.

(6) Unless otherwise is provided by the law, withdrawal may not affect the convict refusing to accept this intent.

(7) If the dismissal of public action results from withdrawal of complaint by the victim and at the same time, the convict declares waiver from all personal rights, then it becomes impossible to file an action in a civil court.

(8) In the offenses of which the investigation and prosecution is bound to a complaint and where the victim is a real person or legal entity subject to special law; in case the victim and offender reaches conciliation by free will upon admission of the offense by the offender, or acceptance of compensation or recovery of entire or majority of damage, no public action is proceeded after determination of this fact by the Public Prosecutor or the Judge. Besides, the court may decide dismissal of the public prosecution.

Affects of dismissal of action or vacation of punishment

ARTICLE 74- (1) General Amnesty, pardon and withdrawal from complaint may not require return of confiscated property or reimbursement of the punitive fine collected against the committed offense.

(2) Dismissal of public prosecution may not affect the action filed to bring a personal claim for return of confiscated property and compensation of damages.

(3) Dismissal of action may not affect the provisions relating to personal rights, compensation of damages and court expenses. However, court expenses may not be claimed in case of declaration of general amnesty.

Pre-payment

ARTICLE 75 (1)-Excluding the offenses within the scope of conciliation, no public prosecution is proceeded if the offender of the offenses which require imposition of only punitive fine or imprisonment not exceeding maximum limit of three months, agrees to pay within ten days as of the date of notice to be served by the Public prosecutor the following amounts together with the investigation charges;

a) the fixed penalty amount, if the amount is not fixed, then the minimum limit of punitive fine,

b) the amount to be calculated by considering twenty Turkish Lira per day, corresponding to minimum limit of punishment of imprisonment,

c) Where the punishment of imprisonment and punitive fine is imposed at the same time, the amount to be assessed for imprisonment according to paragraph (b) of this subsection plus the minimum limit of punitive fine.

(2) In case the matter is spontaneously brought to the court pursuant to the provisions of the special law, dismissal of public prosecution again may be considered if the offender agrees to pay, upon notification of the judge, the penalty amount to be assessed according to first subsection, as well as the court expenses incurred thereof.

(3) The provisions of afore subsection are applied in case of start of public prosecution by the Public Prosecutor without executing pre-payment transaction or transformation of the act subject to prosecution to an offense within the scope of this clause.

(4) The amount payable in cases where deemed necessary to impose one of the alternatives, either imprisonment with maximum limit less than three months or punitive fine, the penalty is determined on the basis of the punitive fines according to the afore subsections.

(5) Withdrawal from commencement of a public prosecution or dismissal of action pursuant to this clause, may not affect the provisions relating to claim of personal rights, re-possession of property and confiscation.

—- –

SECOND VOLUME

Special Provisions

FIRST CHAPTER

International Offenses

FIRST SECTION

Genocide and Offenses against Humanity

Genocide

ARTICLE 76- (1) Execution of any one of the following acts under a plan against members of national, racial or religious groups with the intention of destroying the complete or part of the group, creates the legal consequence of an offense defined as genocide.

a) Voluntary manslaughter

b) To act with the intension of giving severe corporal or spiritual injury,

c) To impose conditions that make survival of complete or part of the group members impossible,

d) To impose that prevent births in the group,

e) To transfer minors of a group to another group,

(2) A person who commits the offense of genocide is sentenced to heavy imprisonment.

(3) The court may adjudicate imposition of security precautions upon the legal entities due to such offenses,

(4) These offenses are not subject to statute of limitation.

Offenses against Humanity

ARTICLE 77- (1) Execution of any one of the following acts systematically under a plan against a sector of a community for political, philosophical, racial or religious reasons, creates the legal consequence of an offenses against humanity.

a) Voluntary manslaughter,

b) To act with the intension of giving injury to another person,

c) Torturing, infliction of severe suffering, or forcing a person to live as a slave,

d) To restrict freedom,

e) To make a person to be subject to scientific researches/tests

f) Sexual harassment, child molestation,

g) Forced pregnancy

h) Forced prostitution

(2) In case of execution of the act mentioned in paragraph (a) of first subsection, the convict is sentenced to heavy imprisonment; in case of commission of offenses listed in other paragraphs, the convict is sentenced to imprisonment not less than eight years. However, if the offense is caused by voluntary manslaughter or intentional injury of a person, then the provisions relating to physical joinder are applied in consideration of number of victims.

(3) The court may adjudicate imposition of security precautions upon the legal entities due to such offenses,

(4) These offenses are not subject to statute of limitation.

Organized groups

ARTICLE 78-(1) Those forming organized groups or engage in management of such groups are punished with imprisonment from ten years to fifteen years. Any person who becomes a member of such group is sentenced to imprisonment from five years to ten years.

(2) The court may adjudicate imposition of security precautions upon the legal entities due to such offenses.

(3) These offenses are not subject to statute of limitation.

SECOND SECTION

Unlawful Transfer of Immigrants to a Country and Human Trade

Unlawful Transfer of Immigrants to a country

ARTICLE 79- (1) Persons who directly or indirectly involve in;

a) Unlawful entry of a foreigner in the country or facilitate his stay in the country, and

b) Unlawful transfer of  Turkish citizens or foreigners to abroad,

are sentenced to imprisonment from three years to eight years and punished with a punitive fine up to ten thousand days.

(2) In case of commission of this offense by an organized group, the punishment to be imposed is increased by one half.

(3) In case of commission of this offense within the frame of activities of a legal entity, the court may decide on imposition of security measures specific to the legal entities.

Human Trade

ARTICLE 80-(1) Persons who provide, kidnap or shelter or transfer a person (s) from one place to another unlawfully and by force, threat or violence or misconduct of power or by executing acts of enticement or taking advantage of control power on helpless persons in order to force them to work or serve for others or to send them away where he is treated almost like a slave, are sentenced to imprisonment from eight years to twelve years and punished with punitive fine up to ten thousand days.

(2) In case of execution of acts which constitute offense in the definition of first subsection, the consent of the victim is considered void.

(3) In case of kidnapping, providing, sheltering or transfer of a person(s) who is under the age of eighteen, the offender is subject to the punishments indicated in the first subsection even if he did not execute the acts causing offense.

(4) Security precautions are applied for the legal entities committing such offenses.

SECOND CHAPTER

Offenses Against Individuals

FIRST SECTION

Offenses against Life

Voluntary manslaughter (Felonious Homicide)

ARTICLE 81-(1) Any person who unlawfully kills a person is sentenced to life imprisonment.

Qualified form of felonious homicide

ARTICLE 82- (1) In case of commission of this offense;

a) Willfully,

b) Ferociously or brutality,

c) By use of nuclear, biological or chemical weapons which cause explosion or result with fire, flood, destruction, sinking etc.

d) Against any one of the antecedents or descendents, or spouse or brother/sister, or

e) Against a child or a person who cannot protect himself due to corporal or spiritual disability, or

f) Against a pregnant woman, or

g) By virtue of public office, or

h) With the intention of concealing or facilitating commission of an offense, or destroying the evidences, or

i) Blood feud,

j) Ethical reasons,

the offender is sentenced to heavy life imprisonment.

Felonious homicide due to failure or negligence

ARTCILE 83- (1) In order to keep a person responsible from a death due to failure to perform an obligation, the failure or negligence creating such consequence should be equal to commissive act in degree.

(2) In order to accept negligence and commissive act as equal elements, a person;

a) Should have undertaken liabilities arising out of a legal adaptations or contract to execute a commissive act, and

b) His previous performance should constitute a risk against the other’s life.

(3) Any person causing death of a person due to failure in performing of a legal obligation or requirement, as a basic punishment, is sentenced to imprisonment from twenty years to twenty years instead of heavy life imprisonment and from fifteen years to twenty years imprisonment instead of life imprisonment. As for the other cases, the court may decide for imprisonment from ten years to fifteen years, or reduction of punishment.

Suicide

ARTICLE 84-(1) Any person who solicits, encourages a person to commit suicide, or supports the decision of a person for suicide or helps the suicide action in any manner whatsoever, is punished with imprisonment from two years to five years.

(2) In case of commission of suicide, the person who is involved in such act is sentenced to imprisonment from four years to ten years.

(3) Any person who openly encourages others to commit suicide is punished with imprisonment from three years to eight years.

(5) Persons who encourage others, lack of ability to understand the meaning and consequences of the executed act, to commit suicide, or force a person to commit suicide under threat, are convicted of felonious homicide.

Negligent homicide

ARTICLE 85-(1) Any person who causes death of a person by negligent conduct is punished with imprisonment from three years to six years.

(2) If the act executed results with death or injury of more than one person, the offender is punished with imprisonment from three years to fifteen years.

SECOND SECTION

Offenses of Bodily Harm

Felonious injury

ARTICLE 86- (1) Person intentionally giving harm or pain to another person or executes an act which may lead to deterioration of health or mental power of others, is sentenced to imprisonment from one year to three years.

(2) In case of commission of offense of felonious injury;

a) Against antecedents or descendents, or spouse or brother/sister,

b) Against a person who cannot protect himself due to corporal or spiritual disability,

c) By virtue of public office,

d) By undue influence based on public office,

e) By use of a weapon,

the offender is sentenced to imprisonment from two years to five years.

Consequential Heavy Injury

ARTICLE 87- (1) If the act of felonious injury results with;

a) Loss of any one of the senses or organs of the victim,

b) Continuous difficulty in speaking,

c) Distinct mark on the face,

d) Risk of life,

e) Premature birth of a child,

then the  punishment determined according to the above article is increased on fold. However, the punishment to be imposed may not be less than three years in offences within the scope of first subsection; as for the offenses within the scope of second subsection, the punishment to be imposed may not be less than five years.

(2) If the act of felonious injury results with;

a) Incurable illness or causes vegetative existence of the victim,

b) Loss of sensual or bodily functions,

c) Loss of ability to speak and to give birth to a child,

d) Distinct facial change,

e) Abortion, if the offense is committed against a pregnant woman,

then the punishment determined according to the above article is increased by one fold. However, the punishment to be imposed may not be less than three years in offences within the scope of first subsection; as for the offenses within the scope of second subsection, the punishment to be imposed may not be less than five years.

(3) Where the felonious injury results with break of corporal bones, the offender is sentenced to imprisonment from one year to six years according to the extent of injury in vital functions of the broken bones.

(4) Where the felonious injury results with death of a person, the offender is sentenced to imprisonment from eight years to twelve years in offenses within the scope of first subsection; as for the offenses within the scope of second subsection, the punishment of imprisonment is imposed from twelve years to sixteen years.

Offenses subject to less punishment

ARTICLE 88- (1) In cases where it is possible to diminish the affect of felonious injury by a simple medical surgery, the offender is sentenced to imprisonment from four months to one year or punitive fine upon complaint of the victim.

(2) In case of commission of felonious injury by negligence, the punishment to be imposed may be reduced up to two thirds. In practice of this provision, the conditions relating to negligent homicide are taken into consideration in practice of this provision.

Negligent injury

ARTICLE 89-(1) Any person who gives corporal or spiritual injury to a person or cause deterioration of ones health or consciousness by negligence, is sentenced to imprisonment from three months to one year or punitive fine.

(2) If the negligent injury results with;

a) Weakening of sensual or bodily functions of the victim,

b) Break of bones,

c) Continuous difficulty in speaking,

d) Distinct facial mark,

e) Risk of life,

f) Premature birth of a child,

then the punishment imposed according to first subsection is increased as much as one half.

(3) If the negligent injury results with;

a) Incurable illness or causes vegetative existence of the victim,

b) Loss of sensual or bodily functions,

c) Loss of ability to speak and to give birth to a child,

d) Distinct facial change,

e) Abortion, if the offense is committed against a pregnant woman,

then the punishment imposed according to first subsection is increased by one fold.

(4) If the offense results with injury of more than one person, the offender is sentenced to imprisonment from six months to three years.

(5) Excluding the negligent act done with knowledge of essential facts and its legal consequences, commencement of investigation and prosecution for such offenses is bound to filing of a complaint.

Use of human for experimental purposes

ARTICLE 90- (1) Any person who uses a person for experimental purposes is sentenced to imprisonment from one year to three years.

(2) In order for an experiment carried out upon human under consent not to be subject to a criminal punishment;

a) Necessary approval should be received from the competent board or authority,

b) The experiment should be initially carried out upon sufficient number of animals without existence of human,

c) There should be a need to try human for verification of scientific data obtained as a result of experiments carried out upon animals without existence of human,

d) No harmful and steady affects of the experiment should be foreseen on human,

e) The method adopted in the experiments should not give pain in such a way to dishonor the person used in the experiment,

f) The object tried to be achieved by experiment should be much more important than the risk or burden undertaken by the person,

g) The consent of the person should be obtained in writing by furnishing information about the nature and consequences of the experiment not allowing him to expect any benefit from this experiment.

(3) The children may not be used in experimental purposes.

(4) Any person who carries out an experiment upon a sick person for treatment purposes without obtaining his consent is punished with imprisonment up to one year. However, where there is no hope to treat a person with ordinary medical means, an experiment based on new scientific methods can be carried out upon a person by obtaining his consent. In such case, no punishment is imposed. This consent should be obtained in writing by furnishing information about the nature and consequences of the experiment and the treatment should be undertaken by a specialist physician in a hospital.

(5) The provisions of the Law relating to felonious homicide and felonious injury are applied in case of injury or death of the victim following the commission of the offense defined in first subsection.

(6) The security precautions specific to legal entities are applied in case of commission of offenses listed in this section within the frame of the activities of a legal entity.

Trading of organs and tissues

ARTICLE 91-(1) Any person who takes an organ from another person without his lawful consent is punished with imprisonment from five years to nine years. If the case is unlawful delivery of a tissue, then the offender is sentenced to imprisonment from two years to five years.

(2) Any person who unlawfully takes an organ or tissue from a deceased person is punished with imprisonment up to one year.

(3) Any person who engages in purchase, sale of an organ or tissue, or acts as intermediary in such activities is sentenced to punishments listed in first subsection.

(4) In case of commission of offenses listed in first and third subsection within the activities of a legal entity, the offender is sentenced to imprisonment from eight years to fifteen years and punitive fine is imposed up to ten thousand days.

(5) Any person who hides and delivers or engages in implantation of an unlawfully obtained organ or tissue is sentenced to imprisonment from two years to five years.

(6) Any person who gives advertisement or publishes articles relating to donation of organs or tissues against certain benefit is sentenced to imprisonment up to one year.

(7) The security precautions specific to legal entities are applied in case of commission of offenses listed in this section within the frame of the activities of a legal entity.

(8) The provisions relating to felonious homicide are applied in case of death of the victim due to commission of an offense defined in first subsection.

State of destitute

ARTICLE 92-(1) The punishment to be imposed may be reduced or entirely lifted in consideration of the social and economic conditions of the person selling his organs or tissues.

Contrition

ARTICLE 93-(1) If the person selling his organs and tissues notifies the official authorities before they notice such activity and helps arrest of the offenders, he is no longer imposed punishment.

(2) If the person selling his organs and tissues helps disclosure of offense and renders service or assistance in catching of other offenders after notification of the official authorities, then the punishment to be imposed is reduced from one fourth to one half.

THIRD SECTION

Torture and Torment

Torture

ARTICLE 94-(1) Any public officer who causes severe bodily or mental pain, or loss of conscious or ability to act, or dishonors a person, is sentenced to imprisonment from three years to twelve years.

(2) The punishment may not be reduced in case of commission of offense;

a) Against a child who cannot protect himself due to corporal or spiritual disability,

b) Against an attorney or another public officer by virtue of office,

the offender is sentenced to imprisonment from eight years to fifteen years.

(3) In case of engagement in any act defined as sexual harassment, the offender is punished with imprisonment from ten years to fifteen years.

(4) Other persons who participate in commission of an offense are punished likewise the public officer.

(5) The punishment to be imposed may not be reduced even if the offense is committed by negligence.

Consequential severe torture

ARTICLE 95-(1) Punishment determined according to the above article is increased by one half if the offense results with;

a) Weakening of sensual or bodily functions of the victim,

b) Continuous difficulty in speaking,

c) Distinct facial mark,

d) Risk of life,

e) Premature birth of a child.

(2) Punishment determined according to the above article is increased by one fold if the offense results with;

a) Incurable illness or causes vegetative existence of the victim,

b) Loss of sensual or bodily functions,

c) Loss of ability to speak and to give birth to a child,

d) Distinct facial change,

e) Abortion, if the offense is committed against a pregnant woman.

(3) In cases where the torture causes break of bones in the body, the offender is sentenced to imprisonment from eight years to fifteen years according to affects of broken bone on vital functions.

(4) In case of death of a person from torture, the offender is sentenced to heavy life imprisonment.

Torment

ARTICLE 96-(1) Any person who causes suffering of another person by his acts is sentenced to imprisonment from two years to five years.

(2) In case of commission of offenses within the scope of above subsection;

a) Against a child who cannot protect himself due to corporal or spiritual disability, or against a pregnant woman,

b) Against antecedents or descendents or father/mother or spouse,

then the  offender is sentenced to imprisonment from three years to eight years.

FOURTH SECTION

Breach of Protection, Observation, Assistance and Notification Liability

Abandonment

ARTICLE 97-(1) Any person who abandons another person who is under protection and observation due to state of disability bound to old age or sickness, is sentenced to imprisonment from three months to two years.

(2) If the victim suffers an illness or subject to injury or death due to abandonment, the offender is punished according to the provisions relating to aggravated offense.

Failure in fulfillment of liability to render assistance or to serve notice

ARTICLE 98-(1) Any person who fails to render assistance to an old, disabled or injured person at the extent of his ability, or fails to notify the concerned authorities in time, is punished with imprisonment up to one year or punitive fine.

(2) In case of death of a person due to failure in rendering assistance or notification of concerned authorities, the person responsible is sentenced to imprisonment from one year to three years.

FIFTH SECTION

Causing Abortion, Abortion and Sterilization

Causing Abortion

ARTICLE 99-(1) Any person, who causes abortion and loss of a child without consent of the woman, is punished with imprisonment from five years to ten years.

(2) Any person, who involves in expulsion of foetus older than ten weeks although medically not necessitated, is sentenced to imprisonment from two years to four years even if the consent of the woman is obtained for abortion. In such case, the woman who gives consent to abortion is also punished with imprisonment up to one year, or punitive fine.

(3) If a person is subject to corporal or spiritual injury due to execution of the act mentioned in first subsection, then the offender is sentenced to imprisonment from six years to twelve years. In case of death of a woman because of illegal abortion, the person responsible from this consequence is sentenced to imprisonment from fifteen years to twenty years.

(4) If the act mentioned in the second subsection results with corporal and spiritual injury of a woman, the person responsible from this consequence is sentenced to imprisonment from three years to six years; in case of death of woman, punishment of imprisonment from four years to eight years is imposed for the offender.

(5) Even if the abortion is based on consent of the woman, expulsion of fetus, which is less than ten weeks (incl.), by an unauthorized person, is subject to punishment of imprisonment from two years to four years. If the above-mentioned acts are executed by an unauthorized person, the punishments assessed pursuant to above subsections are increased by one half.

(6) In case a woman gets pregnant as a result of an offense, no punishment is imposed on the person due to expulsion of fetus provided that the pregnancy period does not exceed twenty weeks and the consent of the woman is obtained for abortion. In such case, the abortion should be made by the specialist physicians in the hospital.

Abortion

ARTICLE 100-(1) In case a woman agrees on abortion during the pregnancy period exceeding ten weeks, then she is punished with imprisonment up to one year or punitive fine.

Sterilization

ARTICLE 101-(1) Any person, who involves in sterilization without the consent of man or woman, is sentenced to imprisonment from three years to six years. If the sterilization process is performed by an unauthorized person, then the punishment is increased by one third.

(2) Even if the abortion is based on the consent of parties, performance of this act by unauthorized persons is still subject to punishment from one year to three years.

SIXTH SECTION

Offenses against Sexual Immunity

Sexual abuse

ARTICLE 102- (1) Any person who attempts to violate sexual immunity of a person, is sentenced to imprisonment from two years to seven years upon compliant of the victim.

(2) In case of commission of offense by inserting an organ or instrument into a body, the offender is punished with imprisonment from seven years to twelve years. In case of commission of this offense against a spouse, commencement of investigation or prosecution is bound to complaint of the victim.

(3) If the offense is committed;

a) Against a person who cannot protect himself because of corporal or spiritual disability,

b) By undue influence based on public office,

c) Against a person with whom he has third degree blood relation or kinship,

d) By using arms or participation of more than one person in the offense,

the punishments imposed according to above subsections are increased by one half.

(4) In case of use of force during the commission of offense in such a way to break down victim’s resistance, the offender is additionally punished for felonious injury.

(5) In case of deterioration of corporal and spiritual health of the victim as a result of the offense, the offender is sentenced to imprisonment not less than ten years.

(6) In case of death of vegetal existence of a person as result of the offense, the offender is sentenced to heavy life imprisonment.

Child molestation

ARTICLE 103-(1) Any person who abuses a child sexually is sentenced to imprisonment from three years to eight years.

Sexual molestation covers the following acts;

a) All kinds of sexual attempt against children who are under the age of fifteen or against those attained the age of fifteen but lack of ability to understand the legal consequences of such act,

b) Abuse of other children sexually by force, threat or fraud.

(2) In case of performance of sexual abuse by inserting an organ or instrument into a body, the offender is sentenced to imprisonment from eight years to fifteen years.

(3) In case of performance of sexual abuse by antecedents, second or third degree blood relations, step father, guardian, educator, trainer, nurse and other persons rendering health services and responsible from protection and observation of the child, or by undue influence based on public office, the punishment to be imposed according to the above subsections is increased by one half.

(4) In case of execution of sexual abuse against the children listed in paragraph (a) of first subsection by use of force or threat, the punishment to be imposed is increased by one half.

(5) The provisions relating to felonious injury are additionally applied in case the acts of force and violence cause severe injury to the person subject to sexual abuse.

(6) In case of deterioration of corporal and spiritual health of the victim as a result of offense, the offender is sentenced to imprisonment not less than fifteen years.

(7) In case the offense results with death or vegetal existence of the victim, the offender is punished with heavy life imprisonment.

Sexual intercourse between/with persons not attained the lawful age

ARTICLE 104 – (1) Any person who is in sexual intercourse with a child who completed the age of fifteen without using force, threat and fraud, is sentenced to imprisonment from six months to two years upon filing of a complaint.

(2) If the offender is older than the victim more than five years, the punishment to be imposed is doubled without seeking raise of a complaint.

Sexual harassment

ARTICLE 105-(1) If a person is subject to sexual harassment by another person, the person performing such act is sentenced to punishment from three years to two years upon complaint of the victim.

(2) In case of commission of these offenses by undue influence based on hierarchy or public office or by using the advantage of working in the same place with the victim, the punishment to be imposed according to the above subsection is increased by one half.  If the victim is obliged to leave the business place for this reason, the punishment to be imposed may not be less than one year.

SEVENTH SECTION

Offenses against Freedom

Threat

ARTICLE 106- (1) Any person who threatens another person by saying that he intents to kill himself or one of his relatives, or to violate corporal or sexual immunity of others, is punished with imprisonment from six months to two years.

(2) In case of performance of threat;

a) By use of a weapon,

b) By unsigned letter or use of special signs concealing ones identity,

c) By more than one person,

d) By taking advantage of the terror actions of existing or potential organized groups,

the offender is sentenced to imprisonment from two years to five years.

(3) In case of commission of offense by threat resulting with felonious homicide, felonious injury or damage to property, the offender is additional punished from these offenses.

Blackmail

ARTICLE 107- (1) Any person who forces a person to perform an act contrary to the law; or to execute or not to execute a duty beyond his responsibility; or to derive unjust benefit from a thing by declaring his will to perform or not to perform an obligation which he is entitled to do so, is sentenced to imprisonment from one year to three years and punished with punitive fine up to five thousand days.

Violence

ARTICLE 108-(1) In case of use of physical power against a person to force him to do or not to do a thing, or to allow him to perform an act, the punishment determined for  felonious injury is imposed with an increase from one third to one half.

ARTICLE 109-(1) Any person who unlawfully restricts the freedom of a person by preventing him from traveling or living in a place is sentenced to imprisonment from one year to five years.

(2) If a person uses physical power or threat or deception to perform an act or during commission of offense, then he is sentenced to imprisonment from two years to seven years.

(3) In case of commission of this offense;

a) By use of a weapon,

b) Jointly by a group of persons,

c) By virtue of a public office,

d) By undue influence based on public office,

e) Against antecedents, descendents or spouse,

f) Against a child or a person who cannot protect himself due to corporal or spiritual disability,

the punishment to imposed according to above subsections is increased by one fold.

(4) If this offense results with gross economical loss of the victim, the offender additionally is imposed punitive fine up to one thousand days.

(5) In case of commission of offense with sexual intent, the punishments to be imposed according to above subsections are increased by one half.

(6) The provisions relating to felonious injury are additionally applied in case of commission of aggravated form of this offense which creates the consequences of felonious injury.

Sincere repentance

ARTICLE 110-(1) If a person committing the offense defied in the above article frees the victim by his own will before the commencement of investigation at a secure place and without giving any harm, then two thirds of the punishment is reduced in consideration of his repentance.

Imposition of security precautions on legal entities

ARTICLE 111-(1) Security precautions specific to the legal entities are applied for those who secure unjust benefit from commission of the offenses such as threat, blackmail, violence or restriction of freedom of a person.

Prevention of Education and Training

ARTICLE 112-(1) Punishment of imprisonment from one year to three years is imposed in case of execution of following acts contrary to the law by use of force or threat;

a) Prevention of all kinds of educational and training activities  carried out under license issued by the public authorities,

b) Prevention of entry into buildings and premises where the students are sheltered in groups, or destruction of these buildings and premises.

Prevention of activities of the public institutions or the professional organizations in the nature of public institution

ARTICLE 113-(1) In case of prevention of activities of public institutions by use violence or threat or any other act contrary to the law, punishment of imprisonment is imposed from one year to three years.

Prevention of use of political rights

ARTICLE 114-(1) Any person who uses violence or threat against another person in order to force him;

a) To become or not to become e member of a political party, to participate or not to participate in the activities of a political party, to leave the political party or not to serve in the management of the political party,

b) Not to be nominated in an election for a public office, or to resign from the position he has been elected,

is subject to punishment of imprisonment from one year to three years.

(2) In case of prevention of activities carried out by a political party by use of violence, threat or performance of any act contrary to the law, the punishment to be imposed is determined according to the above subsection.

Restriction of freedom of belief, conception, conviction

ARTICLE 115-(1) Any person who forces another person by using violence or treat to disclose or change his religious, political, philosophical beliefs, conceptions and convictions, or prevents discloser and publication of the same, is punished with imprisonment from one year to three years.

(2) In case of prevention of mass religious service or worship by use of violence or threat or performance of any act contrary to the law, the punishment to be imposed is determined according to the above subsection.

Violation of Dwelling Immunity

ARTICLE 116-(1) Any person who illegally enters the residence of another person or its attachments and occupies the place without the consent of the owner is punished with imprisonment from six months to two years upon complaint of the victim.

(2) The provisions of above subsection may not be applied if the residence is jointly used under consent by the spouses or more than one person forming the conjugal community.

(3) In case of commission of the offenses within the scope of first subsection in business places and their attachments, other than ordinary places of which the entrance is not subject to permission, punishment of imprisonment from six months to one year, or punitive fine is imposed whichever the case is.

(4) In case of commission of offense by use of violence or threat or during the night, the offender is sentenced to imprisonment from one year to three years.

Violation of freedom of Work and Labor

ARTICLE 117-(1) Any person who violates freedom of work and labor by using violence or threat or performing an act contrary to the law, is sentenced to imprisonment from six months to two years and imposition of punitive fine upon complaint of the victim.

(2) Any person who employs helpless, homeless and dependent person (s) without payment or with a low wage incomparable with the standards or forces him to work and live inhumanly conditions, is sentenced to imprisonment from six months to three years or imposed punitive fine not less than hundred days.

(3) The same punishment is imposed also to a person who provides or transfers a person from one place to another to have him live and work under the   above mentioned conditions.

(4) Any person who unlawfully increases or decreases the wages, or forces employees to work under the conditions different than that of agreed in the contract, or causes suspension, termination or re-start of the works, is sentenced to imprisonment from six months to three years.

Prevention of use of syndical rights

ARTICVLE 118- (1) Any person who uses violence or threat against a person in order to force him to become or not to become a member of a trade union, or to participate or not to participate in the activities of the union, or to cancel his membership from the union or to declare his resignation from the management of the union, is sentenced to imprisonment from six months to two years.

(2) In case of prevention of activities of the trade union/syndicate by using violence or threat or performing any other act contrary to the law, the offender is subject to punishment of imprisonment from one year to three years.

Joint conviction

ARTICLE 119-(1) In case of commission of offenses such as prevention of education and training, prevention of activities of public institutions and professional organizations in the nature of public institution, prevention of use of political rights, restriction of freedom of belief, conception and conviction, violation of dwelling immunity or restriction of freedom of work and labor ;

a) By use of a weapon,

b) By unsigned letter or use of special signs concealing ones identity,

c) By more than one person,

d) By taking advantage of the terror actions of the existing or potential organized groups,

e) By undue influence based on public office,

the punishment to be imposed is increased by one fold.

(2) The provisions relating to felonious injury are additionally applied in case of commission of aggravated form of this offense which creates the consequences of felonious injury.

Unjust Search

ARTICLE 120-(1) Any public officer who unlawfully searches a person or his belongings is sentenced to imprisonment from three months to one year.

Prevention of right of application

ARTICLE 121-(1) In case of rejection of an application made to a competent public authority by a person using his legal rights without having legitimate reason, the offender is sentenced to imprisonment up to six months.

Discriminatory Behavior

ARTICLE 122-(1) Any person who makes discrimination between individuals because of their racial, lingual, religious, sexual, political, philosophical belief or opinion, or for being supporters of different sects and therefore;

a) Prevents sale, transfer of movable or immovable property, or performance of a service, or benefiting from a service, or bounds employment or unemployment of a person to above listed reasons,

b) Refuses to deliver nutriments or to render a public service,

c) Prevents a person to perform an ordinary economical activity,

is sentenced to imprisonment from six months to one year or imposed punitive fine.

Deterioration of peace and order

ARTICLE 123-(1) If a person insistently calls another person, or makes noise with the intention of deteriorating peace and order or executes any other unlawful act for this purpose, is sentenced to imprisonment from three months to one year upon complaint of the victim.

Prevention of communication

ARTICLE 124-(1) In case of unlawful prevention of communication among the persons, the offender is sentenced to imprisonment from six years to two years or imposed punitive fine.

(2) Any person who unlawfully prevents communication among the public institutions is punished with imprisonment from one year to five years.

(3) Punishment is imposed according to the provisions of second subsection in case of unlawful prevention of broadcasts or announcements of all kinds of press and publication organs.

EIGHTH SECTION

Offenses Against Honor

Defamation

ARTICLE 125- (1) Any person who acts with the intention to harm the honor, reputation or dignity of another person through concrete performance or giving impression of intent, is sentenced to imprisonment from three months to two years or imposed punitive fine. In order to punish the offense committed in absentia of the victim, the act should be committed in presence of least three persons.

(2) The offender is subject to above stipulated punishment in case of commission of offense in writing or by use of audio or visual means directed to the aggrieved party.

(3) In case of commission of offense with defamatory intent;

a) Against a public officer,

b) Due to disclosure, change or attempt to spread religious, social, philosophical belief, opinion and convictions and to obey the orders and restriction of the one’s religion,

c) By mentioning sacred values in view of the religion with which a person is connected,

the minimum limit of punishment may not be less than one year.

(4) The punishment is increased by one sixth in case of performance of defamation act openly; if the offense is committed through press and use of any one of publication organs, then the punishment is increased up to one third.

(5) In case of defamation of public officers working as a committee to perform a duty, the offense is considered to have committed against the members forming the committee.

Determination of the aggrieved party

ARTICLE 126-(1) Even if the name of the aggrieved party is not clearly indicated during commission of offense or the accusation is implicitly expressed, both the name of the aggrieved party and the act of defamation is assumed to have been declared provided that there is   clear indication of defamation of a person’s character based on the quality of the offense.

Proof of Accusation

ARTICLE 127-(1) In case the accusation or act constituting offense is proved, the person responsible of such act may not be subject to punishment. In case the person subject to defamation is convicted due to such offense, the imputation is regarded as proved. Besides this, acceptance of demand for proof of accusation depends on justness of the imputed act, or whether or not it involves public interest, or consent of the complainant is received on this subject.

(2) Punishment is imposed in case of defamation of a person by attributing to his act which is already proved.

Plea/Defense Immunity

ARTICLE 128-(1) No punishment is imposed if the written or verbal declarations before the courts or administrative authorities contain concrete accusations or negative evaluations about the persons within the scope of plea/defenses. However, in order to achieve such consequence, the accusations and evaluations should be based on real and concrete facts and also be related with the dispute between the parties.

Mutual defamation due to unjust act

ARTICLE 129-(1) In case of commission of defamatory offense as a reaction to an unjust act, the punishment may be reduced up to one third, or is totally lifted.

(2) A person may not be subject to punishment in case of commission of this offense as a reaction to felonious injury.

(3) In case of commission of defamatory offense mutually by the parties, the punishment to be imposed on both or any one of the parties may be either reduced up to one third, or  is totally lifted.

Defamation of a person’s memory

ARTICLE 130-(1) Any person who defames memory of a person after his death in the presence of at least three persons, is sentenced to imprisonment from three months to two years, or imposed punitive fine. The punishment is increased by one sixth in case of commission of the said offense openly.

(2) Any person who receives entire or part of the body or bones of the deceased person, or performs humiliating acts against his body or bones, is punished with imprisonment from three months to two years.

Investigation and prosecution condition

ARTICLE 131-(1) Excluding offenses committed against a public officer due to performance of duty, proceeding of investigation and prosecution for defamatory offense is bound to complaint of the victim.

(2) If the victim dies before filing a complaint, or the offense is committed against the memory of the deceased person, then complaint may be raised by second degree antecedents and descendents, or spouses or brothers/sisters of the deceased.

NINTH SECTION

Offenses Against Privacy and Secrecy of Life

Violation of Communicational Secrecy

ARTICLE 132-(1) Any person who violates secrecy of communication between the parties is punished with imprisonment from six months to two years, or imposed punitive fine. If violation of secrecy is realized by recording of contents of communication, the party involved in such act is sentenced to imprisonment from one year to three years.

(2) Any person who unlawfully publicizes the contents of communication between the persons is punished with imprisonment from one year to three years.

(3) Any person who openly discloses the content of the communication between himself and others without obtaining their consent, is punished with imprisonment from six months to two years,

(4) The punishment determined for this offense is increased by one half in case of disclosure of contents of communication between the individuals through press and broadcast.

Tapping and recording of conversations between the individuals

ARTICLE 133-(1) Any person who listens non general conversations between the individuals without the consent of any one of the parties or records these conversations by use of a recorder, is punished with imprisonment from two months to six months.

(2) Any person who records a conversation in a meeting not open to public without the consent of the participants by use of recorder, is punished with imprisonment up to six months, or imposed punitive fine.

(3)Any person who derives benefit from disclosure of information obtained unlawfully as declared above, or allowing others to obtain information in this manner, is punished with imprisonment from six months to two years, or imposed punitive fine up to thousand days.

Violation of Privacy

ARTICLE 134- (1) Any person who violates secrecy of private life, is punished with imprisonment from six months to two years, or imposed punitive fine. In case of violation of privacy by use of audio-visual recording devices, the minimum limit of punishment to be imposed may not be less than one year.

(2) Any person who discloses audio-visual recordings relating to private life of individuals are sentenced to imprisonment from one year to three years. In case of commission of this offense through press and broadcast, the punishment is increased by one half.

Recording of personal data

ARTICLE 135-(1) Any person who unlawfully records the personal data is punished with imprisonment from six months to three years.

(2) Any person who records the political, philosophical or religious concepts of individuals, or personal information relating to their racial origins, ethical tendencies, health conditions or connections with syndicates is punished according to the provisions of the above subsection.

Unlawful delivery or acquisition of data

ARTICLE 136-(1) Any person who unlawfully delivers data to another person, or publishes or acquires the same through illegal means is punished with imprisonment from one year to four years.

Qualified forms of offense

ARTICLE 137- (1) In case of commission of the offenses defined in above articles;

a) By a public officer or due influence based on public office,

b) By exploiting the advantages of a performed profession and art,

the punishment is increased by one half.

Destruction of Data

ARTICLE 138-(1) In case of failure to destroy the data within a defined system despite expiry of legally prescribed period, the persons responsible from this failure is sentenced to imprisonment from six months to one year.

Compliant

ARTICLE 139-(1) Excluding recording of personal data, unlawful delivery or acquisition of  data and destruction of data, commencement of investigation  and prosecution for the offenses listed in this section is bound to complaint.

Imposition of security precautions on legal entities

ARTICLE 140-(1) Security precautions specific to legal entities are imposed in case of commission of offenses defined in the above articles by legal entities.

TENTH SECTION

Offenses Against Property

Larceny

ARTICLE 141-(1) Any person who takes other’s movable property from its place without the consent of the owner to derive benefit for himself or third parties is punished with imprisonment from one year to three years.

(2) All kinds of energy with economic value is also considered movable property.

Qualified Larceny

ARTICLE 142-(1) In case of commission of offense of larceny;

a) In public institutions and corporations no matter who is the owner, or in places reserved for worship or by stealing the property used for in public interest or services,

a) By stealing the property under custody in public places or buildings or their attachments,

b) By stealing the property in the transportation vehicles provided for public use, or in arrival/departure terminals,

c) By stealing the property reserved for prevention of damages  likely to be caused by a disaster or mitigation of its affects,

d) By stealing the property left in a certain place for use upon requirement,

e)By unlawful use of energy,

the offender is sentenced to imprisonment from two years to five years.

(2) In case of commission of this offense;

a) Against a person who is incapable to protect his belongings, or by taking advantage of a death,

b) By taking away the property carried on with a special skill,

c) By taking advantage of the fear or panic resulting from a natural disaster or social events,

d) By unlocking a door or safe with a counterfeited key kept unlawfully,

e) By use of data processing systems without consent,

f) By trying to conceal his identity or showing himself as a public officer although he is not authorized to do so,

g) By lifting cattle kept in shelters, herds or open places,

the offender is sentenced to imprisonment from three years to seven years. In case of commission of offense against a person who cannot defend himself due to corporal or spiritual disability by executing the acts mentioned in paragraph (b) of this subsection, the punishment to be imposed is increased up to one thirds.

(3) In case of commission of this offense by breach of rules relating to liquefied energy or any kind of energy in the form of gas, the punishment is determined in consideration of provisions of the second subsection. In case of commission of this offense within the frame of activities of an organized group, the offenders are sentenced to imprisonment up to fifteen years and also imposed punitive fine up to ten thousand days.

In case of commission of offense during the night

ARTICLE 143-(1) In case of commission of offense of larceny during the night, the punishment is increased up to one third.

Conditions subject to less punishment

ARTICLE 144-(1) In case of commission of offense of larceny;

a) For a property under joint or co-ownership,

b) To collect a debt receivable based on a legal relation,

the offender is punished with imprisonment from two months to one years, or imposed punitive fine upon complaint.

Property with less value

ARTICLE 145-(1) Punishment to be imposed against the offense of larceny may be reduced or totally lifted if the value of the property stolen is determined to be less.

Larceny by temporary use of a property

ARTICLE 146-(1) In case of commission of offense of larceny with the intention of  returning the property to the owner after using it for a certain period, the punishment to be imposed is reduced by one half upon complaint.

State of necessity

ARTICLE 147-(1) In case of commission of offense of larceny to meet a gross and urgent need, the punishment to be imposed may be either reduced or lifted according to the characteristics of the event.

Plunder

ARTICLE 148-(1) Any person who avoids delivery of a property or forces a person to resist taking over the delivery by use of threat or violence and mentioning that he intends to hurt himself or one of his acquaintances, or to execute an act aimed to violation of one’s corporal and sexual immunity, or to give severe damage to his property, is punished with imprisonment from six years to ten years.

(2) The same punishment is imposed if a person is forced to sign a  bill which will put him under burden, or to issue a document declaring the bill in hand as void, or to resist delivery of such bill, or to sign a document which may be transformed to a bill in future, or to destroy a bill or to resist destruction of the same.

(3) Injury of the victim by any means in such a way to cause loss of conscious and strength to defend oneself is also considered violence in offense of plunder.

Qualified plunder

ARTICLE 149-(1) In case of commission of offense of plunder;

a) By use of a weapon,

b) By concealing one’s identity,

c) Jointly by more than one person,

d) By intercepting a person in a residence or business place,

e) Against a person who cannot protect himself due to corporal and spiritual disability,

f) By taking advantage of terror action carried out by the existing and potential organized criminal groups,

g) By securing benefit for criminal groups,

h) During the night,

the offender is sentenced to imprisonment from ten years to fifteen years.

(2) The provisions relating to felonious injury are additionally applied in case of realization of aggravated form of felonious injury during commission of offense of plunder.

Conditions subject to less punishment

ARTICLE 150-(1) However, only the provisions relating to threat and felonious injury are applied for a person using threat or violence with the intention of collecting debts receivable based on a legal relation.

Damage to property

ARTICLE 151-(1) Any person who entirely or partially destroys, demolishes, corrupts, breaks or dirties other’s movable or immovable property in such a way not to be used any more, is punished with imprisonment from four months to three years, or imposed punitive fine.

(2) Any person who kills or harms an animal with an owner, without a justified reason, in such a way not to be used any more or to lower its value, is punished with imprisonment from four months to three years, or imposed punitive fine upoın complaint of the aggrieved party.

Qualified form of damage to property

ARTICLE 152-(1) In case of commission of this offense by damaging;

a) Buildings, premises or other property belonging to public institutions and corporations, or allocated to public service or  in places used for public interest,

b) All kinds of property or facilities reserved to prevent fire, flood, accidents or other disasters,

c) Trees, shrubs or wine yards wherever they are being planted, excluding places in the status of State forest,

d) Plants used for supply of irrigation, utility water or useful for prevention of disasters,

e) Buildings, premises or property owned by employers or workers, or trade unions/syndicates or confederations during lock-out or strikes,

f) Buildings , premises or property owned or used by political parties, professional organizations in the status of public institution and their supreme committees,

g) Commission of offense with the intention of injuring a public officer to take revenge even if his office period is terminated,

the offender is punished with imprisonment from one year to six years.

(2) The punishment to be imposed is doubled in case of commission of an offense by giving damage to property;

a) Through fire, use of flammable or explosive material,

b) Causing landscape, avalanche, flood or flow of water, or

c) Through exposure to radiation or use of nuclear, biological or chemical weapons.

Damage to worship places and cemeteries

ARTICLE 153-(1) Any person who damages worship places (churches, mosques etc.),  property used in such places, cemeteries and  buildings and premises over these areas by destroying, demolishing running the same, is sentenced to imprisonment from one year to four years.

(2) Any person who dirties the places and buildings listed in first subsection is punished with imprisonment from three months to one year, or imposed punitive fine.

(3) The punishment to be imposed is increased by one third in case of commission of offenses mentioned in first and second subsection with the intention of insulting religious group.

Invasion of a place

ARTICLE 154-(1) Any person who entirely or partially occupies immovable property or its attachments belonging to public institutions or real persons, or broadens, changes or destructs the boundaries of such places, or avoids, at a certain extent, exploitation of these immovable by the rightful parties, is punished with imprisonment from six months to three years and punitive fine up to thousand days.

(2) The punishments set-forth in first subsection are applied for any person who entirely or partially confiscates immovable property belonging to village administration and allocated for common use of villagers such as pasturages, harvest place, roads and fountains, and uses this immovable for agricultural purposes.

(3) Any person who changes the direction of water canals belonging to public or real persons is subject to punishments stipulated in first subsection.

Misuse of trust

ARTICLE 155-(1) Any person who illegally holds possession on a property entrusted to him to be used for certain purpose, or converts this property to his own or others’ use beyond the object seeking transfer of possession,  or denies this transfer event, is punished to imprisonment from six months to two years and imposed  fine upon complaint.

(2) In case of commission of offense through embezzlement of property entrusted to a person or being under his control, or responsibility by virtue of his office based on a professional, artisanship, trading or service relation, the person involved in such act is punished with imprisonment from one year to seven years and imposed punitive fine up to three thousand days.

Use of blank bill

ARTICLE 156-(1) Any person who uses blank bill is sentenced to imprisonment from six months to two years and imposed punitive fine upon complaint.

Fraud

ARTICLE 157-(1) Any person who deceives another person through fraud or secures benefit both for himself and others by giving injury to the victim is punished with imprisonment from one year to five years and imposed punitive fine up to five thousand days.

Qualified form of Fraud

ARTICLE 158-(1) In case of commission of offense of fraud;

a) By exploiting religious belief and perception of a person,

b) By taking advantage of his being in a risky or difficult condition,

c) By taking advantage of gradual deterioration of consciousness of a person,

d) By using public institutions and corporations, public professional organizations, political parties, foundations or associations as a tool,

e) By executing acts to the disadvantage of public institutions and corporations,

f) By using data processing systems, banks and financial institutions as an tool,

g) By benefiting from the facilities of press and publication organs,

h) By executing fraudulent acts within the frame of trading activities of the persons being a merchant or executive of a company, or of those acting on behalf of the company,

i) Through breach of trust by the free-lancers,

j) By extending loan which is not allowed by the bank or any other finance institution,

k) With the intention of collecting insurance amount,

the offender is punished with imprisonment from two years to seven years and imposed punitive fine up to five thousand days.

(2) Any person who secures benefit for others through fraud by mentioning that he has good relations with public authorities and also influence upon  them, and deceives a person by promising to perform a certain work, is punished according to the provisions of above subsection.

Conditions subject to less punishment

ARTICLE 159-(1) In case of execution of act of swindling with the intention to collect a debt receivable based on a legal relation, the offender is punished with imprisonment from six months to one year, or imposed punitive fine.

Possession on a lost or inadvertently found property

ARTICLE 160-(1) Any person who holds possession on a lost or inadvertently found property without notifying the concerned authorities or returning the property to the owner, is punished with imprisonment up to one year, or imposed punitive fine upon complaint.

Fraudulent bankrupt

ARTICLE 161-(1) Any person who executes fraudulent act with the intention of minimizing his assets, is punished with imprisonment from three years to eight years provided that bankrupt is adjudicated before or after this fraudulent disposal of assets. In order to consider fraudulent bankrupt, one should have involved in;

a) Fraudulent conveyance or concealed the property extended as guarantee against the claims of the creditor, or caused lessening of value of the property,

b) Concealment of commercial books, records or documents in order to prevent others to notice the fraudulent conveyance of property,

c) Issuance of false documents in such a way to increase the indebtedness as if there has been credit-debt relation between the parties,

d) Declaration of assets less than what it is, by issuing false accounting records and balance sheet far from reflecting the actual figures.

Negligent bankrupt

ARTICLE 162-(1) Any person who goes to bankrupt as a result of his failure to take proper care and precautions as expected from a prudent merchant, is punished with imprisonment from two months to one year.

Benefiting from a service without compensation

ARTICLE 163-(1) Any person who benefits from a service rendered against payment through automatic machines, is sentenced to imprisonment from two months to six months, or imposed punitive fine.

(2) Any person who benefits from telephone lines and frequencies or coded/non-coded decoded electromagnetic waves without the consent of the owner or appropriator, is punished with imprisonment from six months to two years, or imposed punitive fine.

Declaration of incorrect information about the company or cooperatives

ARTICLE 164- (1) In case of furnishing of incorrect information by the founders, partners, directors, managers or representatives or members of Board of Directors, or persons carrying the title of liquidator in the declarations made to public authorities, or in the reports or recommendations submitted to the general assembly in such a way to mislead the concerned parties, those who are responsible from such act are punished with imprisonment from six years to three years, or imposed punitive fine.

Purchase or acceptance of property acquired through committing an offense

ARTICLE 165-(1) Any person who purchases or accepts the property acquired through committing an offense, is punished with imprisonment from six months to three years and punitive fine up to thousand days.

Failure in notification

ARTICLE 166-(1) Any person who fails to notify, as soon as possible, the competent authorities responsible for prosecution of the offense about the property transferred on the basis of a legal relation but known to have been acquired through commission of an offense, is punished with imprisonment up to six months, or imposed punitive fine.

Excusatory causes or personal reasons which seek mitigation of punishment

ARTICLE 167-(1) Excluding plunder and qualified form of plunder, no punishment is imposed on the subject relative in case of commission of offenses listed in this section with the intention of giving injury to;

a) Any one of the spouses not subject to separation under court decree,

b) Any one of antecedents or descendents, or blood relations, or adopter or adoptee,

c) Any one of the brothers/sisters living in the same dwelling.

(2) In case of commission of these offenses with the intention of giving injury to any one of the spouses subject to separation under court decree, or any one of the brothers/sisters not living in the same dwelling, or uncle, aunt, nice or second degree blood relations living together in the same dwelling; the punishment to be imposed upon the subject relative is reduced by one half upon complaint.

Sincere Repentance

ARTICLE 168- (1) In case of compensation of the damages of the aggrieved party or return of the unlawfully acquired property to the owner before commencement of prosecution upon sincere repentance of the offender, accomplice or the person soliciting commission of offense, following the execution of acts of larceny, damage to property, breach of trust, swindling and benefiting from a service without compensation; the punishment to be imposed is reduced from one third up to two thirds. In the offense of plunder, the punishment may be reduced from one sixth up to one third.

(2) The consent of the aggrieved party is sought in order to adopt the provisions relating to sincere repentance in partial return of property or compensation of damages.

Imposition of security precautions on legal entities

ARTICLE 169-(1) Security precautions specific to legal entities are imposed in case of commission of offenses of larceny, breach of trust and swindling by the legal entities to secure unjust benefit.

THIRD CHAPTER

Offenses Against Community

FIRST SECTION

Offenses Causing General Risk

Endangering public safety intentionally

ARTICLE 170-(1) Any person who causes;

a) Fire

b) Collapse of a building, landscape, avalanche, flood or overflow of water,

c) Destruction by using gun or explosives,

in such a way to risk people’s life, health or property,  is sentenced to imprisonment from six months to three years.

(2) Any person who involves risk of fire, collapse of a building, landscape, avalanche, flood or overflow of water, is punished with imprisonment from three months to one year, or imposed punitive fine.

Endangering public safety by negligence

ARTICLE 171-(1) In case a person by negligence causes;

a) Fire,

b) Collapse of a building, landscape, avalanche, flood or overflow of water,

he is punished with imprisonment form three months to one year in case the offense creates risk for other’s life , health or property.

Spread out of radiation

ARTICLE 172-(1) If a person is exposed to radiation by another person with the intention of giving harm to his health, the offender is punished with imprisonment from three years to fifteen years.

(2) In case of commission of the offense mentioned in first subsection against numerous persons, the punishment to be imposed may not be less than five years.

(3) Any person who spreads our radiation or involves in atom smashing process in such a way to result with severe injury of one’s life and health or damage of property, is punished with imprisonment from two years to five years.

(4) Any person who causes spread of radiation or involves in atom smashing process during laboratory tests risking other’s life, health or property as result of his failure in showing  proper care and attention, is punished with imprisonment from six months to three years.

Causing explosion by atomic energy

ARTICLE 173-(1) Any person who risks others’ life, health or property by causing explosion by release of atomic energy, is punished with imprisonment not less than five years.

(2) In case of commission of a/m offense by negligence, the offender is sentenced to imprisonment from two years to five years.

Storage or delivery of hazardous substances without permission

ARTICLE 174- (1) Any person or legal entity who engages in production, export and import of nuclear, radioactive, chemical, biological substances which may have explosive, burning, abrasive, harming, toxic and life-threatening affect without permission of the competent authorities, or transports the same from one place to another within the country, or a person who purchases, stores, sells or processes such substances, is punished with imprisonment from three years to eight years, and is also imposed punitive fine up to five thousand days. The person who exports the material or equipment required in production, processing or use of these substances is also subject to same punishment.

(2) In case of commission of these offenses within the frame of activities of an organized criminal group, the punishment is imposed by half.

(3) Any person who purchases, delivers or stores inconsiderable quantity of explosives of that sort is punished with imprisonment up to one year according purpose of utilization.

Breach of obligation to take care and look after a person suffering mental illness

ARTICLE 175-(1) Any person who neglect his obligation to take care and look after a person suffering mental illness in such a way risking others’ life, health or property, is punished with imprisonment up to six months, or imposed punitive fine.

Disobedience to rules relating to construction or demolishment

ARTICLE 176-(1) Any person who fails to take necessary precautions during the construction or demolishment activities that are required for safeguarding of human life or health, is punished with imprisonment from three months to one year, or imposed punitive fine.

Freeing of animals risking others’ lives

ARTICLE 177-(1) Any person who frees an animal under his custody in such a way to risk others’ life and health, or fails to take the necessary precautions while the animal is under his control, is punished with imprisonment up to six months, or imposed punitive fine.

Omitting to put signs and blocks

ARTICLE 178-(1) Any person who omits to put signs or blocks during performance of certain works in public roads, or to mark the equipment/tools used in such activities, or property, or removes the existing signs or blocks, or changes their places is punished with imprisonment from two months to six months, or imposed punitive fine.

Endangering traffic safety

ARTICLE 179-(1) Any person who changes, destroys, removes all kinds of signs put to ensure flow of land, sea, air and railway traffic in safety, or interferes technical operation system by giving wrong signals or putting different signs or marks on passages, departure, arrival, taking off or landing terminals risking others’ life, health or property, is punishes with imprisonment from one year to six years.

(2) Any person who drives and controls land, sea, air or railway transportation vehicles in such a way to risk others’ life, health or property is punished with imprisonment up to two years.

(3) Any person who drives and controls a vehicle unsafely due to affects of alcoholic drinks or drugs, is punished according to the provisions of above subsection.

Endangering traffic safety by negligence

ARTICLE 180-(1) Any person who risks others’ life, health or property by negligence in sea, air or railway transportation is punished with imprisonment from three months to three years.

SECOND SECTION

Offenses Against Environment

Intentional pollution of environment

ARTICLE 181-(1) Any person who intentionally drains refuses or wastes to the ground, water or air contrary to the technical procedure defined in the relevant laws and in such a way to cause environmental pollution, is punished with imprisonment from six months to two years.

(2) Any person who engages in transfer of refuses or wastes into the country without permission is punished with imprisonment from one year to three years.

(3) The punishment to be imposed according to the above subsections is doubled if the wastes or refuses are observed to have remaining affect in the ground, water or atmosphere.

(5)In case of commission of offenses defined in first and second subsections by processing of refuses or wastes in such a way to result with incurable disease both in human and animals, or deterioration of fertility and change natural characteristics of animals and plants; the offenders are punished with imprisonment not less than five years and also imposed punitive fine up to thousand days.

Pollution of environment by negligence

ARTICLE 182- (1) Any person who drains refuses or wastes to the ground, water or atmosphere by negligence in such a way to cause environmental pollution, is imposed punitive fine. Where the refuses or wastes are observed to have remaining affect in the ground, water or atmosphere, punishment of imprisonment is imposed from two months to one year.

(2) Any person who involves in draining of refuses or wastes to the ground , water or atmosphere by negligence in such a way to cause incurable disease both in human and animals, deterioration of fertility and change of natural characteristics of animals and plants, is punished with imprisonment from one year to five years.

Causing Noise

ARTICLE 183-(1) Any person who causes noise contrary to the obligations set-forth in the relevant laws, in such a way to result with deterioration of one’s health, is sentenced to imprisonment from two months to two years, or imposed punitive fine.

Pollution caused by constructions

ARTICLE 184-(1) Any person who constructs or allows construction of a building without obtaining license or performs construction works contrary to the license, is punished with imprisonment from one year to five years.

(2) Any person who allows expansion of electricity, water or phone lines to the construction site which is built without obtaining license, is imposed punishment according to the provisions of above subsection.

(3) Any person who allows performance of an industrial activity in a building constructed without obtaining settlement license is punished with imprisonment from two years to five years.

(4) Excluding third subsection, the provisions of this article are applied only within the municipal boundaries or the regions subject to special construction regime.

(6) No public action is filed, or the public action already proceeded is extinguished in case a person restores the building constructed without license or contrary to the license in conformity with the construction plan and the license.

THIRD SECTION

Offenses Against Public Health

Mixing toxic substances

ARTICLE 185-(1) Any person who risks the lives or health of others by mixing toxic substances to drinking water or food or causes decaying of any other consumption goods used as beverage and foodstuff, is punished with imprisonment from two years to fifteen years.

(2) In case of commission of offenses mentioned in above subsection by failing to take proper care or precaution, the offender is sentenced to imprisonment from three months to one year.

Trading of decayed or transformed food or drugs

ARTICLE 186-(1) Any person who sells, procures, stores decayed, transformed foodstuff, beverages or drugs causing risk for other’s life and health , is punished with imprisonment from one year to five years , and also imposed punitive fine up to one thousand five hundred days.

(2) The punishment to be imposed is increased by one third in case of commission of this offense within the scope of a proficiency or craftship activity.

Production and selling of drugs in such a way to risk others’ life and health

ARTICLE 187-(1) Any person who produces or sells drugs in such a way to risk others’ life and health is punished with imprisonment from one year to five years.

(2) The punishment to be imposed is increased by one third in case of commission of this offense by a physician or pharmacist or within the scope of a proficiency or craftship activity.

Production and trading of addictive or relieving/exciting drugs

ARTICLE 188-(1) Any person who produces imports or exports addictive or relieving/exciting drugs without license or contrary to the license is punished with imprisonment not less than ten years and also imposes punitive fine up to twenty thousand days.

(2) The executed portion of the punishment imposed at the end of the trial proceeded in a country where the exportation of addictive or relieving drugs is considered as importation of the same in view of other country, is set-off from the punishment to be imposed upon finalization of the trial held in Turkey due to exportation of addictive and relieving drugs.

(3) Any person who sells, supplies, delivers, transports, stores, purchases, accepts or carries addictive or relieving/exciting drugs without license or contrary to the license, is punished with imprisonment from five years to fifteen years and also imposed punitive fine up to twenty days.

(4) In case the offense involves heroin, cocaine, morphine or base-morphine, the punishment to be imposed according to above subsections is increased by one half.

(5) In case of commission of offenses listed in above subsections within the frame of activities of an organized group, the punishment to be imposed according to above subsections is increased by one half.

(6) The provisions of above subsections are applied in every aspect for all kinds of drugs with relieving or exciting affect, of which the production is subject to permission of the competent authorities and the sale is realized under prescription issued by a physician.

(7) Any person who engages in import, sale, purchase, transport, storage or export of any product of which the import and production is subject to permission of the official authorities with the purpose of using this in production of addictive or relieving/exciting drugs is punished with imprisonment not less than four years and also imposed punitive fine up to twenty thousand days.

(8) In case of commission of the offenses mentioned in this article by a physician, dentist, pharmacist, chemist, veterinary, health personnel, laboratory technician, midwife, nurse, dentistry technician, nurse, health personnel or any other person dealing in chemistry or pharmacy; the punishment to be imposed is increased by one half.

Imposition of security precautions on legal entities

ARTICLE 189-(1) Security precautions specific to legal entities are imposed in case of commission of offenses involving production and trading of addictive or relieving/exciting drugs within the frame of activities of a legal entity.

Facilitating use of addictive or relieving/exciting drugs

ARTICLE 190-(1) Any person facilitating use of addictive or relieving/exciting drugs by;

a) Providing special place, equipment or material,

b) Taking precautions to avoid arrest of users,

c) Furnishing information to others about the method of use,

is punished with imprisonment from two years to five years.

(2) In case of commission of the offenses defined in this article by a physician, dentist, pharmacist, chemist, veterinary, health personnel, laboratory technician, midwife, nurse dentistry technician, or any other person rendering health service or dealing in production and trading of chemicals or in pharmacy, the punishment to be imposed is increased by one half.

(3) Those who openly encourage use of addictive or exciting drugs, or makes publication with this purpose, is punished with imprisonment from two years to five years.

Purchasing, accepting or carrying addictive or exciting drugs for use

ARTICLE 191-(1) Any person who purchases, accepts or carries addictive or relieving/ exciting drugs for use is punished with imprisonment from one year to two years. Any person who grows plants with relieving or exciting affect for his own use is punished according to the provisions of this subsection.

(2) Precautions are imposed for those who use addictive or exciting drugs by forcing them to receive treatment in an institution where all his actions are kept under control (controlled liberty).

(3) A person under treatment or control in a defined institution is obliged to comply with the requirements of the precautions imposed in this institution. A specialist is assigned to guide the person under control in an institution. This specialist explains the harmful affects of the addictive and exciting drugs to the subject person during the implementation period of said precautions.

(4) Precaution seeking control of actions of the addict continues another year as of the termination date of the treatment. The court may adjudicate prolongation of control or observation period. However, this period may not be more than three years.

(5) The punishment imposed on the addict due to purchase, acceptance or carrying of addictive or exciting drugs is executed if failed to act in conformity with the requirements of precautions seeking treatment and control of actions of the addict. If the subject person is allowed to benefit from the provisions relating to sincere repentance, the action filed against him is proceeded and punishment is imposed according to the final judgment.

Sincere repentance

ARTICLE 192-(1) If a person commits an offense by involving in production and trading of addictive or relieving/exciting drugs and notifies the official authorities the names of the others who associated in commission of this offense, or the place where the drugs are hidden or produced before they receive such information, then he is no longer punished provided that the information furnished by him enables arrest of the accomplices or seizure of the addictive or exciting drugs.

(2) Furthermore, no punishment is imposed if the person who purchases, accepts or carries addictive or exciting drugs for his own use facilitates arrest of offenders or seizure of addictive or exciting drugs by notifying the official authorities the names of the supplier, date and place of delivery before they receive such information..

(3) The punishment to be imposed on the person who voluntarily serves and helps in discovery of offense and arrest of the offender, or his accomplices, is reduced from one fourth up to one half according to nature of service.

(4) No punishment is imposed if the addict applies to the official authorities with a request to receive treatment before commencement of investigation due to purchase, acceptance or carrying of addictive or exciting drugs.

Production and trading of toxic substances

ARTICLE 193-(1) Any person who produces, stores, sales or transports products containing toxic substances without obtaining permission although such activities are subject to license, is punished with imprisonment from two months to one year.

Supply of harmful substances

ARTICLE 194-(1) Any person who supplies or delivers substances to children, persons suffering from mental illness or others using evaporative substances, or presents such products to consumption risking others’ life, is punished  to imprisonment from six months to one year.

Contrariness to the precautions relating to epidemics

ARTICLE 195-(1) Any person who refuses to comply with the precautions imposed by the authorized bodies at places under quarantine to avoid spread of disease from an ill or death person , is punished with imprisonment from two months to one year.

Improper burring of a death body

ARTICLE 196-(1) Any person who buries or allows others to bury a death body in places other than those specified by authorities, is punished with imprisonment up to six months.

FORTH SECTION

Offenses Against Public Confidence

Counterfeiting money

ARTICLE 197-(1) Any person who counterfeits the currency presently under circulation in the country or abroad, and engages in preservation or use or transfer of the same from abroad into the country is punished with imprisonment from two years to twelve years, and also imposed punitive fine up to ten thousand days.

(2) Any person who accepts counterfeit money knowingly is punished with imprisonment from one year to three years and also imposed punitive fine,

(3) Any person who accepts counterfeit money unknowingly but puts this money in circulation being aware of this fact is punished with imprisonment from three years to one year.

Values equal to money

ARTICLE 198-(1) The debentures issued by the State and registered in the name of the bearer, share certificates, bonds and coupons, bills issued and put in circulation by the authorized institutions, as well as other securities and documents, and gold which is considered within national treasury are regarded as values in the nature of money.

Counterfeiting valuable stamps

ARTICLE 199-(1) Any person who counterfeits valuable stamps and engages in preservation or use or transfer of the same from abroad into the country is punished with imprisonment from one year to five years, and also imposed punitive fine.

(2) Any person who accepts counterfeit valuable stamp knowingly is punished with imprisonment from three months to one year, and also imposed punitive fine.

(3) Any person who accepts counterfeit valuable stamp unknowingly but puts this stamp in circulation being aware of this fact is punished with imprisonment from one month to six months.

(4) Papers containing stamp, revenue and post stamps and others used to certify payment of a certain amount of tax or charge are considered valuable stamps.

Instruments used in production of money and valuable stamps

ARTICLE 200-(1) Any person who produces, imports, sells, transfers, purchases , accepts or stores tools and instruments used in production of money or valuable stamps without permission is punished with imprisonment from one year to four years , and also imposed punitive fine.

Sincere repentance

ARTICLE 201-(1) If a person, who counterfeits money or valuable stamps, or engages in sale, transport,  preservation or transfer of the same from abroad into the country, shows repentance before this money or valuable stamps are put in circulation and prior to the notification of the official authorities by disclosing the names of his accomplices and the place where the counterfeit money or valuable stamps are produced, concealed or stored, then he is no longer punished provided that the information furnished by him enables arrest of the accomplices or seizure of the counterfeit money or valuable stamps.

(2) If a person who manufactures instruments and tools to be used in production of counterfeit money or valuable stamps, or engages in sale, transport, preservation or  transfer of the same from abroad into the country, shows repentance prior to notification of the official authorities by disclosing the names of his accomplices and the place where the instruments and tools are produced or concealed, then he is no longer punished provided that the information furnished by him enables arrest of the accomplices or seizure of the said equipment and material.

Counterfeiting seal

ARTICLE 202-(1) Any person (s) who counterfeits the seal used by the Presidency of T.R., or Presidency of Turkish Grand National Assembly and also by Prime Ministry, is punished with imprisonment fro two years to eight years.

Destruction of seal

ARTICLE 203-(1) Any person who removes or uses the seal contrary to object specified in the Law or disobeys the instructions of the authorized bodies for preservation or maintenance of this seal, is punished with imprisonment from six months to three years.

Counterfeiting official documents

ARTICLE 204-(1) Any person who issues or uses a false document, or changes an original document to deceive others is punished with imprisonment from two years to five years.

(2) If a public officer who is authorized to issue documents counterfeits a document, or changes the original document to deceive others, or prepares false documents or uses false official documents, then he is punished with imprisonment from three years to eight years.

(3) In case of consideration of an official document as valid until it is proved to be false, the punishment to be imposed is increased by one half.

Cancellation, destruction or concealment of an official document

ARTICLE 205-(1) Any person who cancels, destructs or conceals an original official document unlawfully is punished with imprisonment from two years to five years. In case of commission of this offense by a public officer, the punishment to be imposed is increased by one half.

Untrue declaration during issuance of an official document

ARTICLE 206-(1) Any person who conveys untrue declaration to a public officer being authorized to issue official document is punished with imprisonment from three months to two years, or imposed punitive fine.

Counterfeiting personal certificate

ARTICLE 207-(1) Any person who counterfeits a personal certificate or uses or changes the original to deceive others is punished with imprisonment from one year to three years.

(2) Any person who uses a counterfeit personal certificate being aware of this fact, is punished according to the provisions relating to forgery.

Cancellation, destruction or concealment of a personal certificate

ARTICLE 208-(1) Any person who cancels, destroys or conceals an original personal certificate is punished with imprisonment from one year to three years.

Misuse of open signature

ARTICLE 209-(1) Any person who fills in totally or partially blank document delivered to him with open signature different than what is agreed, is punished with imprisonment from three years to one year upon complaint.

(2) Any person who unlawfully acquires a signed and totally or partially blank document, or fills in the same in such a way to create legal consequence, is punished according to the provisions relating to forgery in document.

Certificates in the nature of official document

ARTICLE 210-(1) The provisions relating to forgery in official documents are applied in case the offense committed through counterfeiting document involves bill of exchange registered in the name of the bearer or to the order, or any document representing the goods, share certificate, bond or a written declaration of will.

(2) Any physician, dentist, pharmacist, mid-wife, nurse or other health personnel who issues false document is punished with imprisonment from three months to one year. If the document is issued to secure unjust benefit for the issuer , or the fraudulent act results with injury of law or other persons, the offender is punished according to the provisions relating to forgery in official documents.

Conditions subject to less punishment

ARTICLE 211-(1) In case of commission of offense through counterfeiting a document with the intention of proving a claim resulting from a legal relation or to certify the real situation, the punishment to be imposed is reduced by one half.

Joinder

ARTICLE 212- (1) In case of use of false official or personal document in commission of another offense, the offender is punished separately both from forgery and the subsequent offense.

FIFTH SECTON

Offenses Against Public Peace

Threat with the intention of causing fear and panic among people

ARTICLE 213-(1) Any person who unreasonable causes fear and panic among people by use of threat risking life, health, corporal and sexual immunity or property of people, is punished with imprisonment from two years to four years.

(2) If the offense is committed by use of a weapon, the punishment is increased by one half according to quality of the weapon used.

Provoking commission of offense

ARTICLE 214-(1) Any person who openly provokes commission of an offense is punished with imprisonment from six months to five year.

(2) Any person who arms a group against another group, or provokes to kill a person is punished with imprisonment from fifteen years to twenty-four years.

(3) In case of commission of offenses which involves provocation, the offender is punished from solicitation.

Praising the offense or the offender

ARTICLE 215-(1) Any person who openly praises an offense or the person committing the offenses is punished with imprisonment up to two years.

Provoking people to be rancorous and hostile

ARTICLE 216-(1) Any person who openly provokes a group of people belonging to different social class, religion, race, sect, or coming from another origin, to be rancorous or hostile against another group,  is punished with imprisonment from one year to three years in case of such act causes risk from the aspect of public safety.

(2) Any person who openly humiliates another person just because he belongs to different social class, religion, race, sect, or comes from another origin, is punished with imprisonment from six months to one year.

(3) Any person who openly disrespects the religious belief of group is punished with imprisonment from six months to one year if such act causes potential risk for public peace.

Provoking people not to obey the laws

ARTICLE 217-(1) Any person who openly provokes people not to obey the laws is punished with imprisonment from six months to two years, or imposed punitive fine, if such act causes potential for public peace.

Joint provision

ARTICLE 218-(1) Punishment to be imposed is increased by one half in case of commission of above listed offenses through pres and broadcast.

Misconduct in office through exploitation of religious services

ARTICLE 219-(1) In case the performance of the Government, or State Laws, or services of any one of the public institutions are reproached and disrespected by imam, preacher, priest or a rabbi during execution of a service, this person is punished with imprisonment from one month to one year and also imposed punitive punishment or sentenced to any one of these punishments.

(2) If any one of the persons mentioned in above subsection reproaches and disrespects the conducts of government and the laws, regulations and directives and authorizations conferred upon any one of public institutions, or solicits or provokes people to disobey the directives of the government  or public officers by virtue of office, the offender is punished to imprisonment from three months to two years, and also imposed punitive fine and is permanently or temporarily disqualified from this service and receiving its benefits.

(3) The punishment mentioned in the above subsection is imposed for the religious chiefs and officials who execute transactions or gives promises contrary to the rights acquired by virtue of office according to the law, or forces and convinces others to act in such manner.

(4) If any one of these people commits a crime, by virtue of office, other than the offenses mentioned in first subsection, then he is convicted from this crime by imposing the punishment specified in the law for that crime with an increase by one sixth.

(5) However, it is not required to impose an aggravated punishment if the title/position of the offender is already considered in the law while determining the punishment.

Forming organized groups with the intention of committing crime

ARTICLE 220-(1) Those who form or manage  organized groups to executes acts which are defined as offense by the laws, is punished with imprisonment from two years to six years unless this organized group is observed to be qualified to commit offense in view of its structure, quantity of members, tools and equipment hold for this purpose. However, at least three members are required for existence of an organized group.

(2) Those become a member of an organized group with the intention of committing crime, is punished with imprisonment from one year to three years.

(3) In case the organized criminal group is equipped with arms, the punishment to be imposed according to the above subsections is increased from one fourth to one half.

(4) In case of commission of a crime within the frame of activities of a organized group, the offender is additionally punished for this crime.

(5) The directors of the organized criminal group are additionally punished for all the offenses committed within the frame of activities of the organized group.

(6) Any person who commits an offense on behalf of an organized criminal group without being a member of that group is additionally punished for being a member of the organized group.

(7) Any person who knowingly and willingly helps an organized criminal group although not takes place within the hierarchic structure of the group, is punished as if he is a member of the organized group.

(8) Any person who makes propaganda by praising the organized criminal group and its object is punished with imprisonment from one year to three years.  The punishment to be imposed is increased by one half in case of commission of this offense through press and broadcast organs.

Sincere repentance

ARTICLE 221-(1) No punishment is imposed for the founders or directors who dissolves the organized criminal group, or assists in dissolution of this group by furnishing information before commencement of prosecution against a person who committed offense by forming an organized criminal group, or prior to commission of the said offense.

(2) No punishment is imposed if one of the members notifies the authorities that he voluntarily abandons the organized criminal group without having committed an offense.

(3) No punishment is imposed on the members of the organized criminal group who are arrested before committing any offense within the activities of the group, provided that he serves in dissolution of the group and furnishes information of great importance for arrest of the offenders by showing sincere repentance.

(4) No punishment is imposed on the founder, director or any one of the members who furnish information, after giving up one’s self voluntarily, about the structure of the organized criminal group, and the offenses committed within the activities. In case of delivery of such information after being arrested, the punishment to be imposed for this offense is reduced from one third to three fourths.

(5) The actions of the persons benefiting from the provisions relating to sincere repentance are kept under control for one year as precaution.

Hat and Turkish alphabet

ARTICLE 222-(1) Persons who act contrary to the restrictions and obligations set forth in the Law Nr. 671 and dated 25.11.1925 stipulating Wearing of Hat, and the Law Nr. 1353 dated 1.11.1928 relating to Recognition and Application of Turkish Alphabet, is punished with imprisonment from two months to six months.

SIXTH SECTION

Offenses Against Transportation Vehicles or Stationary Platforms

Stealing and confiscation of transportation vehicles

ARTICLE 223- (1) Any person who illegally prevents movement of a land transportation vehicle by using threat or violence, or stops a vehicle on the way, or takes it from one place to another, is punished with imprisonment from one year to three years.

(2) In case the subject of offense happens to be a sea or railway carrier, the offender is sentenced to imprisonment from two years to five years.

(3) Any person who illegally prevents movement of an air carrier or takes it from one place to another by using threat and force is punished with imprisonment from five years to ten years.

(4) Additional punishment is imposed if the offenses committed result with restriction of other’s freedom.

(5) In case aggravated form of felonious injury is created during commission of these offenses, the offender is additional subject to provisions relating to offense committed through felonious injury.

Occupation of Territorial land or stationary platform in specific industrial zones

ARTICLE 224-(1) Any person who occupies, confiscates or takes under control a territorial land or stationary platforms in industrial zones by using threat or force or any other act contrary to the law, is punished with imprisonment from five years to fifteen years.

(2) Additional punishment is imposed if the offenses committed result with restriction of other’s freedom.

(3) In case aggravated form of felonious injury is created during commission of these offenses, the offender is additionally subject to provisions relating to offense committed through felonious injury.

SEVENTH SECTION

Offenses Against general Ethics

Impudent acts

ARTICLE 225-(1) Any person who openly enters in sexual intercourse or exposes one’s self is punished with imprisonment from six months to one year.

Indecency

ARTICLE 226-(1) Any person who involves in an unlawful act;

a) By allowing a child to watch indecent scene or a product, or to or hear shameful words,

b) By displaying these products at places easy to reach by children, or reading the contents of these products, or  letting other to speak about them,

c) By selling or leasing these product in such a way open for public review,

d) By selling, offering or leasing these products at places other than the markets nominated for sale of these product,

e) By gratuitously supplying or distributing these products along with other goods or services,

f) By making advertisement of these products,

is punished with imprisonment from six months to two years.

(2) The persons who publicize indecent scenes, words or articles through press and broadcast organs or act as intermediary in publication of the same is punished with imprisonment from six months to three years.

(3) Any person who uses children in production of indecent scenes, words or articles is punished with imprisonment from five years to ten years, and also imposed punitive fine up to five thousand days. Any person who engage in import, duplication, transportation, storage , export of these products, or presents the same to other’s use, is punished with imprisonment from two years to five years, and also imposed punitive fine up to five thousand days.

(4) Any person who produces products containing audio-visual or written material demonstrating abnormal sexual intercourse by using sex, or with animals, or body of a death person , and engages in import sale, transportation storage of the same and presents such material to other’s use, is punished with imprisonment from one year to four years.

(5) Any person who publicizes the contents of the products mentioned in third and fourth subsections through press and broadcast organs, or acts as intermediary in publication of the same, or lets children to read, hear or see this material is punished with imprisonment from six months to ten years, and also imposed punitive fine up to five thousand days.

(6) Security precautions specific to legal entities are imposed due to such offenses.

(7) Excluding third subsection, the provisions of this article may not be applicable for the works of art which are produced for scientific, artistic or literary purposes in order to avoid children to reach such material.

Prostitution

ARTICLE 227-(1) Any person who encourages a child to become a prostitute, or facilitates prostitution, or shelters a person for this purpose, or acts as go-between during prostitution of the child, is punished with imprisonment from four years to ten years, and also imposed punitive fine up to ten thousand days.

(2) Any person who encourages another person to become a prostitute, or facilitates prostitution, or acts as go-between or provides place for such purpose is punished with imprisonment from two years up to four years, and also imposed punitive fine up to three thousand days. Any act aimed to benefit from the income of a person engaged in prostitution to earn one’s living, totally or partially, is considered encouragement of prostitution.

(3) Any person who brings people into the country, or sends groups to abroad for prostitution purposes is punished according to the provisions of above subsection.

(4) The punishment to be imposed according to above subsections is doubled in case a person is encouraged to become a prostitute by use of threat or force, or malice, or taking advantage of one’s helplessness.

(5) The punishment to be imposed by one half in case of commission of offenses listed in the above subsections by any one of the spouses, antecedents, descendants, brother/sister, adopter, guardian, trainer, educator, nurse or any other person responsible for protection and control of a person, or by a public officer or employee by due influence.

(6) The punishment to be imposed according to above subsections is increased by one half in case of commission of these offenses within the frame of activities of an organized criminal group.

(7) Security precautions specific to legal entities are imposed in case of commission of these offenses by organizations in the statute of legal entity.

(8) Any person who involves in prostitution is subject to treatment or therapy.

Arranging a place or facility for gambling

ARTICLE 228- (1) Any person who arranges a place or facility for gambling is sentenced to imprisonment up to one year, and also imposed punitive fine.

(2) The punishment to be imposed is increased by one fold in case arrangement of a place or facility for gambling by children.

(3) Security precautions specific to legal entities are imposed in case of commission of these offenses by organizations in the statute of legal entity.

(4) In practice of Criminal Code, gambling is regarded as a play done with the aim of earning money where the profit and loss is a matter of chance.

Beggary

ARTICLE 229-(1) Any person who uses children or persons lack of corporal or spiritual ability in beggary is punished with imprisonment from one year to three years.

(2) The punishment to be imposed is increased by one half, in case of commission of this offense by third degree blood relations, or affinity relatives, or any one of the spouses.

(3) The punishment to be imposed is increased by one fold in case of commission of this offense within the frame of activities of an organized criminal group.

EIGHTH SECTION

Offenses Against Family Order

Multiple or fraudulent marriage, religious marriage ceremony

ARTICLE 230-(1) A person who marries to another person although he/she is legally married at that time is punished with imprisonment from six months to two years.

(2) Any person who officially gets married to a person known as married to another person although he is bachelor, is punished according o the provisions of above subsection.

(3) Any person who attempts to get married by concealing his/her identity is sentenced to imprisonment from three months to one year.

(4) The statute of limitation for the offenses defined in above subsections start to run as of the date of decision stipulating cancellation of marriage.

(5) The couples who marry by arranging religious ceremony without executing official marriage transactions are sentenced to imprisonment from two months to six months. Both the public action and the punishment imposed thereof, is abated with all its consequences when the civil marriage ceremony is accomplished.

(6) Any person who conducts a religious marriage ceremony without seeing the certificate of marriage is punished with imprisonment from two months to six months.

Changing lineage of a child

ARTICLE 231-(1) Any person who changes or conceals the lineage of a child is punished with imprisonment from one year to three years.

(2) Any person who causes exchange of children in a health institution by breaching obligation to take proper care or precautions is sentenced to imprisonment up to one year.

Cruelty

ARTICLE 232-(1) Any person who is cruel to the person sharing the same dwelling, is punished to imprisonment from two months to one year.

(2) Any person who improperly uses disciplinary power against a person whom he is responsible for his growth, education, care protection or training in professional field, is punished with imprisonment up to one year.

Breach of obligations conferred upon by family law

ARTICLE 233-(1) Any person who fails to fulfill the obligations conferred upon by the family law, which stipulate care, education or support of family members, is punished with imprisonment up to one year upon compliant.

(2) Any person who abandons his pregnant wife, or another woman whom he knows that she is waiting child from him, is sentenced to imprisonment from three months to one year.

(3) Mother of father who is determined to be risking the health, good morals and safety of their children due to addiction to alcohol or drugs, or by bringing dishonor on their children, is sentenced with imprisonment from three years up to one year.

Kidnapping and retention of a child

ARTICLE 234- (1) In case a child under the age of sixteen is kidnapped without using force or threat by mother or father who lost his/her parental rights, or by third degree blood relations while he/she is legally under the care or custody of a natural parent or guardian, the offender is punished with imprisonment from three months up to one year.

(2) Punishment to be imposed is increased by one fold if this offense is committed without using force or threat or involves a child not yet attained the age of twelve.

NINTH SECTION

Offenses In The Fields of Economy, Industry and Trading

Corruption in tenders

ARTICLE 235-(1) Any person who involves in mischief during the tenders relating to purchase or sale of goods and services on behalf of public institutions or corporations, is punished with imprisonment from five years to twelve years.

(2) Following acts are regarded as involvement in mischief during a tender;

a) By executing fraudulent acts;

1. Prevention of persons possessing the required qualifications and credentials from participating in the tender,

2. Facilitating participation of the persons lacking required qualifications and conditions in the tender,

3. Arranging disqualification of the offered goods from the evaluation although they are in conformity with the bid specifications,

4. Arranging consideration of the goods which do not comply with the bid specifications in the evaluations,

b) Facilitating access of third parties to the information which is to be kept confidential according to tender law or bid specifications during submission of bids.

c) Prevention of persons possessing required qualifications and credentials from participating in the tender by using force or threat, or acts contrary to the law.

d) Conclusion of open or secret agreements among the bidders or those willing to participate in the tender with the intention of affecting the bid contract conditions and especially the contract price.

(3) In case a damage or loss is suffered by a public institution or corporation due to involvement in mischief during a tender, the punishment to be imposed is increased by one half. Non-quantification of the accrued loss may not suppress application of the provisions of this subsection.

(4) Any authorized person who gains unjust benefit by involving in mischief during a tender is additionally convicted from this offense.

(5) The provisions of the above subsections are applied also for the auctions or bids realized through the intermediary of public institutions or corporations, and purchase/sale of goods or services performed on behalf of professional organizations in the statute of public institution, companies incorporated with the participation of public institutions or corporations, or professional organizations in the statute of public institution, or foundations operating within this frame, associations or cooperatives serving for public interest.

Involvement in fraudulent act during fulfillment of obligations

ARTICLE 236-(1) Any person who involves in fraudulent act during fulfillment of obligations undertaken against a public institution or corporation, or professional organization in the statute of public institution, companies incorporated with the participation of public institutions or corporations, or foundation operating within this frame, associations or cooperatives serving for public interest, is sentenced with imprisonment from three years to seven years.

(2) Following performances are regarded as involvement in fraudulent act during fulfillment of obligations;

a) Delivery or acceptance of goods different than those of which the description is given in the tender decision and contract,

b) Delivery or acceptance of goods at a quantity less than that of  defined in the tender decision or contract,

c) Consideration of fulfillment of obligations within the period specified in the tender decision or contract, although it is not.

d) In construction tenders, acceptance of works or material which do not comply with the conditions, quantity or quality set-forth in the specifications or contract,

e) Consideration of an obligation in the nature of a service as to have been completely fulfilled although it is not fully rendered or supplied partially according to the tender decision or contract.

(3) Any authorized person who gains unjust benefit by involving in fraudulent act during fulfillment of obligations is additionally convicted from this offense.

Affecting prices

ARTICLE 237-(1) Any person who spreads deceitful information or news or involves in fraudulent acts in such a way to cause decrease or increase of wages or prices of foodstuff or goods, is punished with imprisonment from three months to two years and also imposed punitive fine.

(2) Punishment to be imposed is increased by one third if the prices of foodstuff or goods, or wages are decreased or increased as a consequence of this act.

(3) Punishment is additionally increased by one eighth if the offender happens to be a licensed agent or stock exchange broker.

Causing shortage of things needed by public

ARTICLE 238-(1) Any person who causes shortage of food or goods, or decrease of the same in considerable quantities although they are needed for public institutions or corporations, or used in public services in general relief activities upon a disaster by failing in performance of a work under his responsibility, is sentenced to imprisonment from one year to three years, and also imposed punitive fine up to one thousand days.

Disclosure of business secrets, banking secrets or information relating to customers

ARTICLE 239-(1) Any person who delivers information or documents which he holds by virtue of office about the customers, or discloses business secrets, banking secrets loc is sentenced to imprisonment from one year to three years, and also imposed punitive fine up to five thousand days upon complaint. In case of delivery or disclosure of this information or documents to unauthorized individuals by the persons who unlawfully acquired such information/documents, the offender is punished according to the provision of this subsection.

(2) Provisions of first subsection are applicable also for the information relating to scientific researches or discoveries or industrial practices.

(3) Punishment to be imposed is increased by one third in case of disclosure of these secrets to the foreigners or their personnel domiciled outside of Turkey. In that case, no complaint is sought.

(4) Any person who leads another person to disclose the information or documents within the scope of this article by using force or threat is punished with imprisonment from three years to seven years.

Abstention from sale of goods and services

ARTICLE 240-(1) Any person who causes rise of urgent need for a thing supplied fro public use by abstaining from sale of certain goods or service, is punished with imprisonment from six months to two years.

Usury

ARTICLE 241-(1) Any person who lends money to another person with the intension of earning money is sentenced to imprisonment from two years to five years, and also imposed punitive fine from six months to two years.

Imposition of Security Precautions on legal Entities

ARTICLE 242-(1) Security precautions specific to legal entities are imposed in case of commission of the offenses defined in this section by the same with the intention of securing unjust benefit.

TENTH SECTION

Offenses in the field of Data Processing Systems

Access to data processing system

ARTICLE 243-(1) Any person who unlawfully enters a part or whole of data processing system or remains there is punished with imprisonment up to one year, or imposed punitive fine.

(2) In case the offenses defined in above subsection involve systems which are benefited against charge, the punishment to be imposed is increased up to one half.

(3) If such act results with deletion or alteration of data within the content of the system, the person responsible from such failure is sentenced to imprisonment from six months up to two years.

Hindrance or destruction of the system, deletion or alteration of data

ARTICLE 244-(1) Any person who hinders or destroys operation of a data processing system is punished with imprisonment from one year to five years.

(2) Any person who garbles, deletes, changes or prevents access to data, or installs data in the system or sends the available data to other places is punished with imprisonment from six months to three years.

(3) The punishment to be imposed is increased by one half in case of commission of these offenses on the data processing systems belonging to a bank or credit institution, or public institutions or corporations.

(4) Where the execution of above mentioned acts does not constitute any other offense apart from unjust benefit secured by a person for himself or in favor of third parties, the offender is sentenced to imprisonment from two years to six years, and also imposed punitive fine up to five thousand days.

Improper use of bank or credit cards

ARTICLE 245-(1) Any person who acquires or holds bank or credit cards of another person(s) whatever the reason is, or uses these cards without consent of the card holder or the receiver of the card, or secures benefit for himself or third parties by allowing use of the same by others, is punished with imprisonment from three years to six years, and also imposed punitive fine.

(2) Any person who secures benefit for himself or third parties by using a counterfeit bank or credit card is punished with imprisonment from four years to seven years if the act executed does not constitute any offense other than forgery.

Imposition of Security Precautions on Legal Entities

ARTICLE 246-(1) Security precautions specific to legal entities are imposed in case of commission of the offenses listed in this section within the frame of activities of legal entities.

ELEVENTH SECTION

Offenses Against Nation and State and Final Provisions

Embezzlement

ARTICLE 247-(1) Any public officer who embezzles or converts property entrusted to him, or under his custody or control to his own or other’s use by virtue of his office is punished with imprisonment from five years to twelve years.

(2) In case of involvement in fraudulent acts with the intention of concealing the offense of embezzlement, the punishment to be imposed is increased by one half.

(3) In case of commission of offense of embezzlement with the intention to return the property after being used, the punishment to be imposed may be reduced up to one half of the principal punishment.

Sincere repentance

ARTICLE 248-(1) Two thirds of the punishment to be imposed for this offense is reduced if the embezzled property is returned exactly as it is, or the damage is fully compensated before commencement of investigation.

(2) The punishment to be imposed for this offense is reduced by one third if the embezzled property is returned exactly as it is, or the damage is fully compensated before commencement of prosecution. Also, one third of the punishment is cancelled if the offender shows sincere repentance before the declaration of final judgment.

Matters of Mitigation

ARTICLE 249-(1) The punishment to be imposed may be reduced from one third up to one half due to worthlessness of the property subject to embezzlement.

Malversation

ARTICLE 250-(1) Any public officer who secures benefit for himself or others by exercising undue influence, or convinces a person to make promise in this manner by virtue of office is punished with imprisonment from five years to ten years.

(2) Any public officer who secures benefit for himself or others by exercising undue influence , or convinces a person to make a promise by virtue of office is considered as breach of trust and offender is punished with imprisonment from three years to five years.

(3) In case of commission of the offense defined in second subsection by taking advantage of a person’s negligence, the person involved in such act is punished with imprisonment from one year to three years.

Failure to perform control duty

ARTICLE 251-(1) In case public officer who is responsible from control of performance intentionally ignores the commission of offense involving embezzlement and malversation, he is punished as the joint offender.

(2) Any public officer who facilitates commission of offenses of embezzlement and malversation by failing to perform control duty, is punished with imprisonment from three months to three years.

Bribery

ARTICLE 252- (1) Any public officers who take bribe is punished with imprisonment from four years to twelve years. The person offering bribe is punished likewise the public officer. In case the parties negotiate on a bribe, they are punished as if the offense is completed.

(2) In case the person who takes bribe or negotiates on a bribe happens to be judge, arbitrator, expert, notary public or sworn financial adviser, the punishment to be imposed according to first subsection is increased up to one third.

(3) Bribe is defined as a benefit illegally secured by a public officer in negotiation with a person to perform or not to perform a task beyond his responsibility.

(4) The provisions of first subsection are applicable also for the person  who involve in bribery while establishing legal relation, or progressing the existing legal relation with the professional organizations in the statute of public institution, public institutions and corporations, or companies incorporated with the participation of professional organizations in the statute of public institution, foundations operating within their body, or associations and cooperatives serving for public interest, or joint stock companies open to public.

(5) Directly or indirectly offering of benefits or giving promise to the officers or personnel of the public institutions or corporations appointed in a foreign company to perform a legislative or administrative duty, or to those engaged in international duties in the same country, in order to enable execution of an international trading transaction, or to perform or not to perform a task, or to secure and to retain unjust benefit, is considered bribery.

Imposition of Security Precautions on Legal Entities

ARTICLE 253-(1) Security precautions specific to legal entities are applicable for those who secure unjust benefit by committing offense of bribery.

Sincere repentance

ARTICLE 254- (1) No punishment is imposed in case the person taking bribe delivers the thing subject to bribery to the authorized bodies before the commencement of investigation exactly as it is. Again, no punishment is imposed if the public officer who agrees to take bribe upon negotiating with a person notifies the authorized bodies about this fact before the commencement of investigation.

(2) No punishment is imposed due to offense of bribery if the person offering and giving bribe to the public officer upon negotiation notifies the authorities responsible from investigation about this fact before commencement of investigation; also the bribe is taken from the public officer and returned to the deliverer.

(3) No punishment is imposed due to this offense if the other persons involving in bribery notify the authorized bodies by showing sincere repentance about this fact before commencement of investigation.

Securing benefit in a work of which the performance is beyond authorization

ARTICLE 255-(1) Any public officer who gives the impression that he is capable to perform a work which is beyond the scope of his duty, or has the power to convince others to perform the same although they are not entitled to do so, is punished with imprisonment from one year to five years.

Exceeding the limits of authorization for use of force

Article 256-(1)The provision relating to felonious injury are applied in case of use of force or power by a public officer against a person(s), exceeding the limits of authority.

Misconduct in office

ARTICLE 257-(1) Excluding the acts defined as offense in the law, any public officer who causes suffering of people or injury by acting contrary to the requirements of his office, or secures unjust benefit to third parties, is punished with imprisonment from one year to three years.

(2) Excluding the acts defined as offense in the law, any public officer who causes suffering of people or public injury, or secures unjust benefit for others by showing negligence or delay in performance of his duties, is punished with imprisonment from six months to two years.

(3) Any public officer who secures benefit for himself or others in order to fulfill his obligations or for similar other reason, is punished with imprisonment according to provisions of the first subsection if such act does not constitute the offense of malversation.

Disclosure of office secrets

ARTICLE 258-(1) Any public officer who discloses or publicize the confidential documents, decisions and orders and other notifications delivered to him by virtue of office , or facilitates access to such information and documents by third parties, is punished with imprisonment from one year to four years.

(2) The same punishment is applicable also for the person who performs the acts mentioned in first subsection upon expiry of office period.

Trading during public service

ARTICLE 259-(1) Any person who tries to sell goods or service to another person by using power due to service in a public office, is punished with imprisonment up to six months, or imposed punitive fine.

Abandonment or non-performance of public office

ARTICLE 260-(1) Public officers who abandon work, or do not come to office, or suspend their activities temporarily or permanently or slow-down work contrary to the law by forming masses, is punished with imprisonment from three years to one year. No punishment is imposed unless the number of public officers is more than three.

(2) In case of suspension or slow down of works temporarily or for a short period by public officers in such a way not to disrupt the service due to acquired professional and social rights, the punishment to be imposed may be reduced or totally vacated.

Improper disposition on other’s property

ARTICLE 261-(1) Unless the exercised act does not require heavier punishment, public officer who voluntary involves in illegal dispositive transaction with regard to other’s immovable or movable property by using power is punished with imprisonment from six months to two years even if this disposition is based on a transaction realized against payment of price.

Improperly undertaken public service

ARTICLE 262- (1) Those who open or operate education institutions contrary to the laws, or voluntarily undertake teaching duty in such institution is punished with imprisonment from six months to three years.

(2) Also, decision may be given for closing of the above-mentioned institutions.

Improper use of special signs and uniforms

ARTICLE 263-(1) Any person who uses the rank or wears the uniform of a public officer, or carries his signs or medals although he is not entitled to do so, with the purpose of deceiving others, is punished with imprisonment from three months to one year.

(2) In case of commission of an offense taking advantage of the facilities provided by use of uniform, the punishment to be imposed according to above subsection only for this offense, is increased by one third.

Prevention of performance

ARTICLE 264-(1) Any person who uses force or threat against a public officer to prevent him from performing a duty is punished with imprisonment from six months to three years.

(2) In case of commission of this offense against judicial authorities, the offender is punished with imprisonment from two years to four years.

(3) In case of commission of this offense by concealing one’s identity, or jointly by more than one person, the punishment to be imposed is increased by one third.

(4) In case of commission of offense by use of a weapon or taking advantage of a terror activities of organized criminal groups, the punishment to be imposed according to the above subsections is increased by one half.

(5) In case aggravated form of felonious injury is created during performance of the acts defined herein above, offender is additionally subject to provisions relating to offense committed through felonious injury.

Use of vehicles in public service during commission of offense

ARTICLE 265-(1) Where the term “public officer” is not considered in the definition of offense, the punishment to be imposed is increased by one third in case a public officer uses the vehicles or equipment entrusted to him by virtue of office during commission of an offense.

TWELFTH SECTION

Offenses Against The Judicial Bodies or Court

Aspersion

ARTICLE 266-(1) Any person who cast aspersions on another person by raising complaint or notifying authorized bodies, or by using media in order to enable commencement of investigation and prosecution against this person, or imposition of administrative sanctions despite of his innocence, is punished with imprisonment from one year to four years.

(2) The punishment is increased by one half in case of commission of this offense by slander based on produced evidences.

(3) If an acquittal is declared by the court or decision is taken by stating that there is no need to start investigation for the person subject to aspersion due to his innocence, the punishment to be imposed is increased according to above subsections unless a precautionary judgment other than custody or arrest is imposed against the aggrieved party.

(4) In case of custody or arrest of the aggrieved party who received acquittal or decision declaring his innocence and uselessness of an investigation; the person casting aspersion is indirectly kept liable due to this offense restricting one’s liberty.

(5) In case the aggrieved party is sentenced to heavy life imprisonment or life imprisonment, he is punished with imprisonment from twenty years to thirty years; if sentenced to imprisonment for a definite period, then he is imposed a punishment as much as two thirds of the principal punishment.

(6) Where start is given to execution of punishment seeking imprisonment of the aggrieved party, the punishment to be imposed according to fifth subsection is increased by one half.

(7) In case of imposition of punitive or administrative sanctions on the aggrieved party other than punishment of imprisonment due to offense of aspersion; the person casting aspersion is punished with imprisonment from three years to seven years.

(8) The statute of limitation in offense of aspersion stats to run as of the date on which the aggrieved party is declared innocent.

(9) The decision of conviction due to offense of aspersion committed through press and publication ( or broadcast) organs, is announced through the same or equal press and publication organs. The cost of announcement is charged to the convict.

Using other’s identity card or ID information

ARTICLE 267-(1) Any person who uses other’s identity card or ID information of another person to avoid commencement of investigation or prosecution against him due to commission of an offense, is punished according to the provisions relating to offense of aspersion.

Sincere repentance

ARTICLE 268-(1) In case the person casting aspersion withdraws from such slander before commencement of investigation and prosecution against the aggrieved party, four fifths of the punishment  to be imposed for this offense is abated..

(2) In case of withdrawal from aspiration before commencement of investigation against the aggrieved party, three fourth of the punishment to be imposed for this offense is abated.

(3) If the offender shows sincere repentance;

a) Before final judgment is declared about the aggrieved party, two thirds of the punishment,

b) After conviction of the aggrieved party, one half of the punishment,

c) After execution of the punishment imposed on the convict, one third of the punishment,

May be abated.

(5) The provisions of this article may not be applicable in case the offense of aspersion is committed through press and publication (or broadcast) organs.

Undertaking an offense

ARTICLE 269-(1) Any person who deceives authorized bodies by stating that he is the one who committed the offense, or one of the accomplices, which is actually is not the truth, is punished with imprisonment up to two years. In case of commission of this offense with the intention to avoid conviction of one of the antecedents, descendents, spouse or brother/sister, reduction of the punishment by three fourths may be considered, or the punishment is fully abated.

Producing an offense

ARTICLE 270-(1) Any person who notifies an uncommitted offense to the authorized bodies as if it is being committed, or produces evidences or signs of an uncommitted offense just to provide commencement of investigation, is punished with imprisonment up to three years.

Perjury

ARTICLE 271-(1) Any person who willfully makes a false statement before a person or a committee authorized to hear witness during an investigation started to determine an unlawful act, is punished with imprisonment from four months to one year.

(2)Any person who willfully makes a false statement before the court, or a person, or a committee authorized to hear witness by administering oath, is punished with imprisonment from one year to three years.

(3) Any person who willingly makes false statement during investigation or prosecution carried out for an offense which requires punishment with imprisonment more than three years, is sentenced to imprisonment from two years to four years.

(4) If the person subject to testimony of a witness against him is imposed protective measures other than custody and arrest, the punishment to be imposed according to above subsections is increased by one half provided that a decision declaring his acquittal or unworthiness of an investigation due to absence of guilt, is received.

(5) In case the person subject to testimony of a witness against him is taken under observation or arrested by the security units, the person who makes false statement is kept responsible as indirect offender according to the provisions relating to the offense caused through restriction of one’s liberty, provided that a decision declaring his acquittal or unworthiness of an investigation due to absence of guilt, is received.

(6) If the person subject to testimony of a witness against him is sentenced to heavy life imprisonment or life imprisonment, then he is punished with imprisonment from twenty years to thirty years; in case he is sentenced to imprisonment for a definite time, he is punished with imprisonment as much as two thirds of the principal punishment.

(7) If it is started to execute the punishment imposed on a person subject to testimony of witness against him, the punishment to be given according to sixth subsection is increased by one half.

(8) If the person subject to testimony of a witness against him is imposed punitive or administrative sanctions other than imprisonment, then the person making false statement is punished with imprisonment from three years to seven years.

Excusatory causes or matters of mitigation

ARTICLE 272-(1) If a person;

a) makes false statement that may cause commencement of investigation or prosecution against himself, any one of antecedents, descendents, spouse or brother/sister, or

b) testifies contrary to the truth although he has the right to abstain from testifying as witness, before he is being acknowledged about this right,

Either reduction is considered in the punishment, or the punishment is fully abated.

(2) Provisions of first subsection may not be applicable for false statements made within the scope of disputes subject to special law.

Sincere repentance

ARTICLE 273-(1) No punishment is imposed in case of declaration of truth before conviction of the person subject to testimony of a witness against him, or the decision limiting or restricting any personal right.

(2) In case of disclosure of truth after declaration of a decision limiting or restricting a personal right, but prior to conviction of the person subject to testimony of a witness against him, the punishment to be imposed for this offense may be reduced from two thirds up to one half.

(3) In case of disclosure of truth before the decision stipulation conviction of the person subject to testimony of the witness against him, the punishment to be imposed for this offense may be reduced from one half to one thirds.

False swearing

ARTICLE 274-(1) Plaintiff or defendant who swears falsely during the course of a legal action is punished with imprisonment from one year to five years.

(2) No punishment is imposed inn case the truth is told before the court declares its decision on the case.

(3) Half of the punishment is abated in case the truth is told before finalization or execution of the conviction.

Expertise or interpretation contrary to truth

ARTICLE 275-(1) In case of declaration of opinion contrary to the truth by the expert(s) who is appointed by the judicial bodies or person (s) or a committee authorized to carry out legal investigation or hear witnesses under oath, the offender is punished with imprisonment from one year to three years.

(2) The provisions of first subsection are applied in case of false interpretation of statements or documents by a interpreter who is appointed by the person (s) or committee mentioned in the first subsection,

Influencing judicial bodies

ARTICLE 276-(1) Any person who unlawfully attempts to influence judicial bodies, or forces them to give instructions in favor or against any one of or all the parties present in the trial before the court, or the offenders, or those participating in the action, or the victim, is punished with imprisonment from two years to four years. The punishment to be imposed shall be from six months to two years if the attempt is no more than favoritism.

Failure in notification of an offense

ARTICLE 277-(1) Any person who fails to notify the authorized bodies about an offense at the very instant is punished with imprisonment up to one year.

(2) Any person who fails to notify the authorized bodies about commission of an offense where it is still possible to limit its consequences, is punished with imprisonment according to the provisions of above subsection.

(3) In case the victim happens to be a child not yet attained the age of fifteen, or a person lack of capacity to protect himself/herself due to corporal or spiritual disability or pregnancy, the punishment to be imposed according to above subsections are increased by one half.

Failure of public officer in notification of an offense

ARTICLE 278-(1) Any public officer who neglects or delays in notification of an offense to the authorized bodies being aware of commission of an offense which requires investigation or prosecution, is punished with imprisonment from six months to two years.

(2) In case of commission of this offense by an officer undertaking duty in judicial department, the punishment to be imposed according to above subsection is increases by one half.

Failure of the health personnel in notification of an offense

ARTICLE 279-(1) Any health personnel who notices commission of an offense while performing his/her duty, but neglects to notify this to the authorized bodies, is punished with imprisonment up to one year.

(2) The term “health personnel” covers the medical doctors, pharmacists, midwifes, nurses and other persons rendering health services.

Destruction, concealing or changing of evidences

ARTICLE 280-(1) Any person who destroys, deletes, conceals, changes or corrupts the evidences produced to prove commission of offense in order to hide the truth is punished with imprisonment from six months to five years. A person may not be punished according to the provisions of this article due to an offense personally committed or involved in its commission.

(2) In case of commission of this offense by a public officer in connection with his duty, the punishment to be imposed is increased by one half.

(3) Four fifth of the punishments to be imposed for the offenses defined in this section is abated if the person involved in the offense delivers the concealed evidences to the court before declaration of conviction decision.

Laundering of assets acquired as a result of offense

ARTICLE 281-(1) Any person who takes away the assets acquired as a result of an offense which requires minimum one year or more punishment of imprisonment, or carries the same to a foreign country to be subject to various transactions in order to hide illegal source of these assets and to give the impression that they are acquired in the lawful manner, is punished with imprisonment from two years to five years, and also imposed punitive fine up to twenty thousand days.

(2) In case of commission of this offense by a public officer while performing his duty or a person with profession, the punishment to be imposed is increased by one half.

(3) In case of commission of this offense within the frame of activities of an organized criminal group, the punishment to be imposed is increased by one fold.

(4) Legal entities involving in commission of this offense are subject to special security precautions.

(5) No punishment is imposed for the offense defined in this section on a person who renders assistance or facilitates finding of assets acquired illegally as a result of offense by notifying the authorized bodies.

Supporting offender

ARTICLE 282- (1) Any person who provides facility for an offender in order to avoid his search, arrest or conviction is punished with imprisonment from six years to five years.

(2) The punishment to be imposed is increased by one half in case of commission of this offense by a public officer while performing duty.

(3) No punishment if imposed in case of commission of this offense by any one of the antecedents, descendents, spouse or other accomplices.

Failure to notify the accused, arrested or convicted person or the evidences of offense

ARTICLE 283-(1) Any person who fails to notify the authorized bodies about the known place of a person, against whom decision is obtained for his arrest or conviction, is sentenced to imprisonment up to one year.

(2) Any person who knowingly fails to notify the place where all the evidences or indications of offense are concealed by others is punished according to the provisions of above subsection.

(3) The punishment to be imposed is increased by one half in case of commission of this offense by a public officer while performing duty.

(4) If the accused are publicized during the investigation or prosecution stages in order to give the impression that he is the offender prior to the judgment, the persons who involve in such act is punished with imprisonment from six months to two years.

Recording of sound or vision

ARTICLE 284-(1) Any person who records or transfers sound or vision during the investigation or prosecution without obtaining permission is sentenced to imprisonment up to six months.

Genital controls

ARTICLE 285-(1) The offender who sends a person to a genital control or personally undertakes such control without obtaining the decision of the judge and prosecutor, is punished with imprisonment from three months to one years.

(2) The provisions of above subsection may not be applicable with regard to controls to be accomplished pursuant to the laws and by-laws for protection of public health against infectious disease.

Attempt to influence a just trial

ARTICLE 286-(1) Any person who makes oral or written declaration until finalization of the investigation or prosecution proceeded on an event in order to influence the prosecutor, judge, court, experts and witnesses, is punished with imprisonment from six months to three years.

(2) In case of commission of this offense through press and publication organs, the punishment to be imposed is increased by one half.

Misconduct in custody of a property

ARTICLE 287-(1) Any person who exercises power on an attached or mortgaged or seized property entrusted to him for custody other than the prescribed purpose, is sentenced to imprisonment from three months to two years, and also, imposed punitive fine up to three thousand days. The punishment to be imposed is reduced by one half in case the person happens to be the owner of the property.

(2) Four fifth of the punishment is abated in case the offender returns the property subject to offense defined in the first subsection before commencement of prosecution, or pays its value, if otherwise is not possible.

(3) Any person who cause loss or destruction of an attached or mortgaged or seized property officially entrusted to him for custody due to failure to take proper care and precautions is imposed punitive fine.

(4) Any person who uses the property confiscated during the investigation and prosecution proceeded relating to an offense beyond its purpose, is punished with imprisonment up to one year.

Confiscation and destruction of an officially delivered property

ARTICLE 288- (1) Any person who re-confiscates an immovable property which is already delivered to the owner under court’s decision, is punished with imprisonment from three months to one year.

(2) The provisions relating to offense of larceny in case of retention of an attached, or pledged, or seized movable property officially entrusted to a person for custody without obtaining the consent of that person; the provisions relating to offense of plunder is applied in case the immovable property is acquired by using force; where there is fraud during execution of such act, the offense is considered as swindling; in case of destruction of property, the provisions relating to damage of property are applied.

The punishment to be imposed is reduced from one half to three fourths in case the person happens to be the owner of the said property.

Entry into a prison or penitentiary in place of another person

ARTICLE 289-(1) Any person who enters a criminal execution institution or a prison putting himself in place of convict is sentenced with imprisonment from six months to one year.

Breach of prison

ARTICLE 290-(1) The detainee or convict who escapes from the criminal execution institution, or prison or the place where he is kept under observation is punished with imprisonment from six months to one year.

(2) In case of commission of this offense by using force or threat, the offender is subject to imprisonment from one year to three years.

(3) In case of commission of this offense jointly by an armed group formed by detainees or convicts, the punishment to be imposed according to above subsection is increased by one fold.

(4) Where the consequences of aggravated from of offense of felonious injury or felonious homicide are created during commission of this offense, or damage is given to the property, the offender is additionally punished according to the provisions relating to the said offenses.

(5) The provisions prescribed in this article are applied also for the convicts working outside the criminal execution institution and those whose punishment of imprisonment is commuted to punitive fine.

(6) The convict who does not comply with special execution requirements of short-term imprisonment is punished with imprisonment from one month to two months; the remaining portion of the punishment is additionally executed.

Sincere repentance

ARTICLE 291-(1) In case the detainee or convict gives himself up after escaping from the prison by showing sincere repentance, the punishment to be imposed is reduced from five sixth to one sixth imposed in consideration of the time lapsed between the date of escape and re-admittance to the institution. However, no reduction is made in the punishment if the escape period exceeds six months.

Facilitating escape

ARTCLE 292-(1) Any person who facilitates escape of a person under observation or arrest is punished with imprisonment from one year to three years.

(2) Any person who helps a convict to escape from prison is sentenced to imprisonment from two years up to five years according to period of imprisonment which is executed. However, if the convict is sentenced to:

a) Life imprisonment, he is punished with imprisonment from five years to eight years,

b) Heavy life imprisonment, he is punished with imprisonment from eight years to twelve years.

(3) In case of commission of these offenses by using force or threat, the punishment to be imposed is increased by one third.

(4) In case a person(s) helps escape of more than one person, the punishment to be imposed is increased from one third up to one fold in consideration of the number of fugitives.

(5) In case of commission of these offenses by the persons assigned to guard or transport of the detainees or convict under arrest or observation, the punishment to be imposed is increased by one third.

(6) In case of commission of these offenses by any one of the antecedents, descendents, spouses and brother/sister, one third of the punishment to be imposed is abated.

(7) Where the consequences of aggravated from of offense of felonious injury or felonious homicide are created during commission of these offenses, or damage is given to the property, the offender is additionally punished according to the provisions relating to the said offenses.

(8) In case the detainee or convict under arrest or observation escapes due to failure of the person assigned to guard or transport prisoners to take proper care and precautions, the person responsible is punished with imprisonment from six months to three years.

Misconduct in office by the Guardian

ARTICLE 293-(1) The provisions relating to misconduct in office are applied in case the persons assigned to guard or transport detainees or convicts under arrest or observation act contrary to the requirements of their duties.

(2) If the person undertaking the duty of guardian or assigned to transport detainees or convicts under arrest or observation allows them to leave the place where they are kept for a temporary period, then he is punished with imprisonment from six months to two years.

(3) The provisions relating to voluntary occasioning of escape are applied in case the detainees or convict under arrest or observation escapes on this occasion.

Revolt of Offenders or Convicts

ARTICLE 294-(1) In case the detainees or convicts rise in rebellion, each one is punished with imprisonment from six months to three years. No punishment is imposed unless the number of revolting detainees or convicts is more than three.

(2) In case of commission of other offenses during revolt, the offenders are additionally punished according to the provisions relating to these offenses.

Illegal transfer of property to the Execution Institution or Detention House

Article 295-(1) Any person who illegally transfers arms, drugs or exciting substances or electronic communication devices to the execution institution or detention house, or carries such material with him, is punished with imprisonment from two years to five years. In case the supply or preservation of such property constitutes another offense, the punishment to be determined according to provisions relating to joinder of ideas is increased by one half.

(2) Any person who transfers a property to the execution institution or detention house, other than those listed in the first subsection, being fully aware of restrictions, or keeps or uses such property, is punished with imprisonment from six months to two years.

(3) In case of commission of the offenses mentioned in fist and second subsections by the persons assigned to guard and transport the detainees or convicts, the punishment to be imposed is increased by one fold.

(4) If detainee or convict who carries or uses the property subject to offenses defined in the first and second subsections furnishes information about its supplier or the means of delivery, one half of the punishment to be imposed is abated.

Restricting use of rights and supply of food

ARTICLE 296-(1) Those who restrict communication of the detainees and convicts in the execution institutions or detention houses, or their meetings with the visitors, participation in education, sporting, professional, social or cultural activities within the frame of rehabilitation or education programs, or avoids their control or treatment by the physician of the institution, or appointment of a defender or attorney, or restrict their contact with these persons or the officers of the institution, or transport to the courts or Public Prosecution Offices, or prevent release of the persons who are set free from confinement, and the persons who encourage execution of such acts by the detainees or convicts by giving instructions, and finally, who  restrict the rights conferred upon the  e detainees or convicts by the laws, are punished with imprisonment from lone year to three years.

(2) Restriction of supply of food to the detainees or convicts is subject to punishment of imprisonment from two years to four years. Encouragement or convincement of the detainees or convicts to hunger strike or fasting to death by giving instructions is considered as restriction of supply of food.

(3) Where the consequences of aggravated from of offense of felonious injury or felonious homicide are created by restricting supply of food, the offender is additionally punished according to the provisions relating to the said offenses.

THIRTEENTH SECTION

Offenses against Signs Of Sovereignty

and Supreme Political Organs of the State

Aspersion against the President

ARTICLE 297-(1) Any person who casts aspersion upon President is p8nished with imprisonment from one year to four years.

(2) The punishment to be imposed is increased by one sixth in case of commission of this offense publicly; if it is committed through press or broadcast organs, the punishment is increased by one third.

(3) Commencement of prosecution for this offense is subject to consent of the Ministry of Justice.

Humiliating Signs of Sovereignty of State

ARTICLE 298 - (1) Any person who publicly humiliates Turkish Flag by destroying, burning it, or in any other manner, is punished with imprisonment from one year to three years.

(2) Any person who publicly humiliates Turkish National Hymn is punished with imprisonment from six months to two years.

(3) In case of commission of an offense in a foreign country by a Turkish citizen through humiliation of Turkish citizenship, punishment to be imposed is increased by one third.

(4) Declaration of opinion with the aim of criticism may not constitute an offense.

Insulting Turkishness, the Republic, the organs and institutions of the State

Article 299

1. Any person who publicly denigrates Turkishness, the Republic or the Grand National Assembly of Turkey shall be sentenced to 6 months to 3 years of imprisonment.

2. Any person who publicly denigrates the Government of Republic of Turkey, the judicial institutions of the State, the military or security organizations shall be sentenced to 6 months to 2 years imprisonment.

3. Where denigration of Turkishness is committed by a Turkish citizen in another country, the sentence shall be increased by one third.

4. Expression of thoughts intended to criticize shall not constitute a crime.

FOURTEENTH SECTION

Offenses Against National Security

Breach of National Unity and Territorial Integrity

ARTICLE 300-(1) Any person who causes partition of the country by allowing another country to rule part or whole of Territorial land, or breaches National Unity, or shows consent to separation of certain portion of the territory under the sovereignty and administration of the State and executes acts aimed to weaken the independence of the State, is punished with heavy life imprisonment.

(2) In case of commission of another office along with this offense, the offender is additionally punished according to the provisions relating to this offense.

(3) Security precautions specific to legal entities are imposed in case of commission of the offenses defined in this article by corporation.

Cooperation with the Enemy

ARTICLE 301-(1) Any person who agrees to serve in the army of a country which is at war with Turkish Republic, or Turkish citizen who participates in an armed attack against Turkish Republic, is punished with life imprisonment.

(2) Any citizen who undertakes commanding duty in the army of a foreign country is punished with heavy life imprisonment.

(3) In case of commission of another offense along with the offenses defined in first and second subsection, the offender is additionally punished according to the provisions relating to this offense.

(4) No punishment is imposed for the citizen who is obliged to serve in the army of a foreign country due to his presence in the territory of the enemy at the time of the war.

Provocation of war against the State

ARTICLE 302-(1) Any person who provokes authorities of a foreign country to start war or to take hostile action against Turkish Republic, or cooperates with the authorities of a foreign country to serve this purpose, is punished with imprisonment from ten years to twenty years. The punishment to be imposed is increased by one third in case of execution of provocation act through press or broadcast organs.

(2) In practice of this article, direct and indirect encouragement or support of the organizations that are formed to commit crime against the security of Turkish Republic, is considered as a hostile action.

(3) Precautions specific to legal entities are imposed in case of commission of the offenses defined in this article by corporation.

Movements against basic national interests

ARTICLE 303-(1) Any citizen who directly or indirectly secures tangible benefit for himself or others from foreigners or foreign institutions with the aim of taking action against the basic national interests, or any other similar reason, is punished with imprisonment from three years to ten years, and also imposed punitive fine up to ten thousand days.

(2) If such act is executed during war, or through press or broadcast for propaganda purposes, or based on a promise, the punishment to be imposed is increased by one half.

(3) If the offense is committed when the country is not in the state of war, commencement of prosecution for this reason is subject to consent of the Minister of Justice.

(4) The term basic national interests means; independence, territorial integrity, national security and other essential requirements of State, being a Republic, as defined in the Constitution.

Recruitment of soldiers against a foreign country

ARTICLE 304-(1) Any person who recruits soldiers against a foreign country or involves in hostile actions where Turkish State will eventually appear on the break of a war, is punished with imprisonment from five years to ten years.

(2) If war is caused as result of this action, the offender is punished with life imprisonment.

(3) If deterioration of political relations with the foreign country is in question, or there is risk of reprisal against the Turkish Republic or Turkish citizens, the offender is punished with imprisonment from two years to eight years.

(4) If the political relations are ceased or attempt is made for reprisal, the offender is punished with imprisonment from three years to ten years.

(5) Commencement of prosecution for the offense mentioned in this article is subject to the consent of the Minister of Justice.

(6) Provisions of this article may not be applicable to the actions in the nature of self-defense where the part or whole of territorial land is occupied by a foreign country in physical war.

Destruction of military plants and treaties in favor of enemy’s military actions

ARTICLE 305-(1) Any persons who partially or entirely destroys land, sea and air transport vehicles, roads, facilities, warehouses and or other military plants belonging to or under the service of State armed forces,  or damages the same as to be out of use even for a definite period, is punished with imprisonment from six months to twelve years.

(2) In case of commission of this offense;

a) To serve the interests of a country at the state of war with Turkey, or

b) To hinder war preparations of the State by risking power of the country to enter a fight,

The offender is punished with heavy life imprisonment.

(3) If the destruction or damage of the buildings, facilities or property listed in the first subsection is due to negligence of the person responsible from custody, protection or observation of the same or commission of the offense is occasioned for this reason, the negligent person is punished with imprisonment from one year to five years.

(4) Any person who reaches agreement with the foreigners in order to support the military actions of the enemy during war in such a way to give injury to Turkish State, or  military actions of Turkish State, or executes acts creating same consequence, is punished with imprisonment from ten years to fifteen years.

(5) If the military actions of the enemy are physically facilitated, or Turkish State suffers injury during military action as a result of the offense defined in fourth subsection, the person executing such act is punished with heavy life imprisonment.

(6) Same punishment is imposed on the foreigner who makes deal with the person committing the offenses defined in fourth and fifth subsections.

(7) Similarly, the provisions of this article are applied in case of commission of the offenses mentioned in the above subsections in Turkey to give injury to the states in alliance with Turkish State by a treaty for war.

Physical and financial assistance to hostile country

ARTICLE 306-(1) Any citizen who gratuitously or non-gratuitously, directly or indirectly delivers property to a country in the state of war with Turkish Republic, which can be used against Turkish Republic, is punished with imprisonment from five years to fifteen years. This provision is applicable also to the foreigners residing in Turkey.

(2) The same punishment is imposed to a foreigner residing in Turkey or citizen who contributes to payments or shares the expenses madder in favor of the hostile company during war, or facilitates the transactions relating to these payments.

(3) Even if started before the war, any foreigner residing in Turkey or citizen of Turkish Republic who engages, directly or indirectly, in trading activity with the citizens of the hostile country or other persons living on the territory of the hostile country in such a way to give injury to the Turkish Republic or to have positive affect on war power of hostile country, is punished with imprisonment from two years to five years and also imposed punitive fine up to ten thousand days.

(4) Similarly, the provisions of this article are applied in case of commission of the offenses listed in the above subsections in favor of a country in alliance with the hostile country by a treaty for war.

FIFTEENTH SECTION

Offenses against Constitutional Order And Operation of Constitutional Rules

ARTICLE 307-(1) Those who attempt to abandon the rules stipulated by the Constitution of Turkish Republic, or try to bring constitutional order different than the one in force, or avoid implementation of the rules physically by use of force or threat, is punished with heavy life imprisonment.

(2) In case of commission of other offenses along with this offense, the offender is additionally punished according to the provisions relating to these offenses.

(3) Precautions specific to legal entities are imposed in case of commission of the offenses defined in this article by corporation.

Assault or physical attack upon the President

ARTICLE 38-(1) Any person who attempts to assault the President is punished with heavy life imprisonment.  Even the attempt is considered as completion of the offense and the offender is punished accordingly.

(2) The punishment determined for this offense is applied with an increase by one half if a person involves in other physical attacks upon the President.

Offenses against Legislative Organs

ARTICLE 309-(1) Any person who attempts to dissolve Turkish Grand National Assembly, or partially or entirely avoids performance of the legislative organs by using force or threat, is punished with heavy life imprisonment.

(2) Precautions specific to legal entities are imposed in case of commission of the offenses defined in this article by corporation.

Offenses against Government

ARTICLE 310-(1) Any person who attempts to dissolve Government of Turkish Republic, or partially or entirely avoids its performance by using force or threat, is punished with heavy life imprisonment.

(2) Precautions specific to legal entities are imposed in case of commission of the offenses defined in this article by corporation.

Armed revolt against the Government of Turkish Republic

ARTICLE 311-(1) Any person who provokes the citizens to rise an armed revolt against Government of Turkish Republic, is punished with imprisonment from fifteen years to twenty years. If succeeded in rising of a revolt, the provoker is punished with imprisonment from twenty years to twenty-five years.

(2) Any person who commands an armed revolt against the Government of Turkish Republic is punished with heavy life imprisonment. Other persons who participate in the revolt are sentenced to imprisonment from six years to ten years.

(3) In case of commission of these offenses mentioned in the first and second subsection at the time of the war by taking advantage of the its negative affects on the State, the offender is punished with heavy life imprisonment.

(4) In case of commission of other offenses along with this offenses mentioned in the first and seconds subsection, the offender is additionally punished according to the provisions relating to these offenses.

Armed organized criminal groups

ARTICLE 312-(1) Any person(s) who forms organized criminal groups to commit the offenses listed in fourth and fifth sections of this chapter, and commands these groups, is punished with imprisonment from ten years to fifteen years.

(2) Those who enlist to the organized criminal group defined in the firs subsection is sentenced to imprisonment from five years to ten years.

(3) Other provisions relating to the offense committed by forming organized criminal groups are applied exactly the same for this offense.

Supply of arms

ARTICLE 313-(1) Any person who knowingly manufactures, purchases, transports, stores, or illegally transfers arms to the country for use in the activities of the organizations defined in the above articles, is punished with imprisonment fro ten years to fifteen-years.

Alliance for offense

ARTICLE 314-(1) If two or more persons make a deal to commit any one of the offenses listed in fourth and fifth sections of this chapter by using suitable means, the offenders are sentenced to imprisonment from three years up to twelve years, depending on the quality of offense.

(2) No punishment is imposed on the persons who break up the alliance b before commission of the offense or commencement of investigation.

Confiscation of Army Commanding Quarters

ARTICLE 315-(1) Any person who undertakes the command of a army quarter or fleet or a war ship, or air fighter-fleet or a fortress, or a fortified zone, or a military base or plant, or a port or city, although he is not legally authorized or assigned to carry out such duty by the State, is sentenced to life imprisonment.

(2) The same punishment is imposed on the officers who are assigned to undertake commanding duty by the State, or legally authorized to hold such office, but do not obey the orders given by the authorized to leave the quarters.

Discouraging people from enlisting in armed forces

Article 316-  (1) Those who try to persuade or instigate people not to enlist armed forces or  making propaganda with this intention , are punished with imprisonment from six months to two years.

(2) The punishment to be imposed is increased by one half in case of commission of this offense through press and broadcast organs.

Instigating soldiers to disobey orders

ARTICLE 317-(1) Those who persuade or provoke others serving in the army or undertaking duty for armed forces to act contrary to the laws or to break their oath or breach of military discipline or obligations arising out of this service, or praising or supporting such behavior before the soldiers breaching rules, discipline and breaking oath are punished with imprisonment from one year to three years.

(2) If this offense is committed before the public, the offender is sentenced to imprisonment from two years to five years.

(3) If this offense is committed at the time of the war, the punishment to be imposed is increased by one fold.

Enlistment in foreigner’s service

ARTICLE 318 – (1) Any person who recruits citizens to serve for a foreigner or foreign country or encourages them to enlist in a military service in  a foreign country or attempts to arm these persons with weapons without permission of the Government is sentenced to imprisonment from three years to six years.

(2) The punishment to be imposed is increased by one third if there are soldiers or persons attained the military stage among those enlisted or armed in this manner.

(3) Any person who accepts the service mentioned in first subsection is punished with imprisonment from one year to three years.

Disobeying orders at the time of war

ARTICLE 319-(1) Any person who intentionally disobeys the orders or acts contrary to the decisions of the authorized bodies of the Government during war, is punished with imprisonment from one year to six years.

Obligations at the time of war

ARTICLE 32o- (1) Any person who fails to fulfill his obligations while undertaking public service to meet the requirements of the public or armed forces of the Government during war, or partially or entirely breaches obligations arising out of contracts concluded with an institution to meet public demand by performing a work or supply of needs, is punished with imprisonment from three years to ten years and also imposed punitive fine up to ten thousand days.

(2) If the breach of obligations, partially or entirely, is bound to negligence of that person, three fourths of the punishment may be abated.

(3) If the failure in fulfillment of obligations, partially or entirely, results from the negligence of the intermediary agents having contract relation with the principal obligator or their representative, then the same punishment is applied to these real persons or legal entities

(4) The above mentioned persons who execute fraudulent acts during fulfillment of obligations at the time of war, is sentenced to imprisonment from then years to fifteen years and also imposed punitive fine up to ten thousand days.

Spread of untrue rumors during war

ARTICLE 321-(1) Any person who makes untrue and exaggerated statements or spreads news for personal reasons in such a way to demoralize public causing anxiety and excitement during war time, also breaking resistance of the country against enemy, or executes acts that will cause injury of basic national interests, is sentenced to imprisonment from five years to ten years.

(2) If this offense is committed;

a) By propaganda

b) Against the armed forces

c) Based on a treaty with a foreign country

The punishment to be imposed is imprisonment from ten years to twenty years.

(3) If the offense is committed based on a treaty with the enemy, the offender is punished with life imprisonment.

(4) Any person who tries to devaluate the foreign currency during war by risking the resistance of the nation against the enemy, or adopts acts with the intention to have influence on valuable public papers, is punished with imprisonment from five years to ten years and also imposed punitive fine up to three thousand days.

(5) The punishment is increased by one half is the offenses mentioned in forth subsection is committed as a result of a treaty with the foreigner; if it is bound to a treaty with the enemy, then the punishment is increased by one fold.

Negligence in performance of a duty during Mobilization

ARTICLE 322- (1) Any public officer who neglects or delays performance of undertaken duty during mobilization is sentenced to imprisonment from six months to three years.

Acceptance of title and similar awards from enemy

ARTICLE 323-(1) A citizen who accepts an academic degree or honor, title, medal and other honorary ranks from a country at war with Turkey, or secures other benefits including any sort of pay, is punished with imprisonment from one year to three years.

Documents relating to Public Security

ARTICLE 324-(1) Any person who partially or entirely destroys documents and certificates relating to Public security or domestic and foreign political relations, or counterfeits the same, or illegally acquires or steals or uses these documents beyond its purpose, is punished with imprisonment from eight years to ten years.

(2) If the offense is committed during war, or puts the war preparations, or fighting power, or military movements of the Government in jeopardy, the offender is punished with life imprisonment.

Political or military spying

ARTICLE 325- (1) Any person who tries to get secret information, especially about the Public security or domestic and foreign political interest of the State with the intention of spying on political and military affairs, is sentenced to imprisonment from fifteen years to twenty years.

(2) In the offense is committed:

a) To serve the interest of a country at war with Turkey, or

b) During war by putting the war preparations of the Government, or fighting power, or military movements in jeopardy,

The offender is sentenced to heavy life imprisonment.

Disclosure of information relating to Public Security and political interests of the State

ARTICLE 326-(1) Any person who discloses secret information, especially about the Public security or domestic and foreign political interest of the State, is sentenced to imprisonment from five years to ten years.

(2) If the offense is committed during war time, or puts the war preparations, or fighting power, or military movements of the Government in jeopardy, the offender is punished with imprisonment from ten years to fifteen years.

(3) If the commission of offense is bound to negligence of the offender, offense by risking the war preparations, or fighting power, or military movements of Government, the offender is sentenced to heavy life imprisonment.

Disclosure of confidential information

ARTICLE 327-(1) Any person who discloses confidential, especially about the Public security or domestic and foreign political interest of the State with the intention of spying on political and military affairs, is sentenced to life imprisonment.

(2) If this offense is committed during war time, or puts the war preparations, or fighting power, or military movements of the Government in jeopardy, the offender is punished with heavy life imprisonment.

International spying

Article 328-(1) Any citizen who gets information which is to be kept secret from the view point of national security, or domestic or foreign political relations of a foreign country to serve the interests of another foreign country with the intention of spying on political and military affairs, is punished with imprisonment from one years to three years. Any foreigner who illegally gets confidential information in Turkey is subject to same punishment.

Trespass upon Military Zones

ARTICLE 329- (1) Any person who secretly or by deceptions trespasses upon a land of which entry is restricted by the Government for military purposes,  is punished with imprisonment from two years to five years.

(2) In case of commission of this offense during war time, the offender is sentenced to imprisonment from three years to eight years.

Exploitation of Governmental secrets and Disloyalty in Government services

ARTICLE 330-(1) Any person who uses scientific explorations, new discoveries or industrial innovations that are known to him by virtue of office, for his or other’s benefit although such information is required to be kept confidential for Public security, is punished with imprisonment from five years to ten years and also imposed punitive fine up to three thousand days.

(2) If the offense is committed to serve the interest of a country at war with Turkey, or puts the war preparations, or fighting power, or military movements of the Government in jeopardy, the offender is sentenced to life imprisonment

(3) If a person who is assigned to an official duty in a foreign country by the Turkish State fails to perform this duty faithfully, or causes injury to the country by such disloyalty, is punished with imprisonment from five years to ten years.

(4) Those who become aware of the offenses defined in this article before they are being committed, but fail to notify the authorities in time, are punished with imprisonment from six months to two years even if the offense is not completed.

Access to restricted information

ARTICLE 331- (1) Any person who gets secret information of which the disclosure is restricted pursuant to the laws and regulations of the competent authorities, is punished with imprisonment from one year to three years.

(2) If this offense puts the war preparations, or fighting power, or military movements of the Government in jeopardy, the offender is sentenced to imprisonment from five years to ten years.

Access to restricted information for spying purposes

Article 332-(1) Any person who gets secret information of which disclosure is restricted pursuant to the laws and regulations of the legislative authorities due to confidentiality,  with the purpose of spying on political and military affairs, is punished with imprisonment from eight years to ten years.

(2) If the offense is committed to serve the interest of a country at war with Turkey, or puts the war activities, or fighting power or military movements of the Government in jeopardy, the offender is sentenced to heavy life imprisonment.

Disclosure of restricted information

ARTICLE 333- (1) Any person who publicizes information of which disclosure is restricted pursuant to the laws and regulations of the legislative authorities due to confidentiality , is punished with imprisonment from three years to five years.

(2) If the offense is bound to negligence of the offender, the offender is punished with imprisonment from six month to two years in the event mentioned in first subsection: As for the case mentioned in the second subsection, punishment of imprisonment from three years to eight years is to be imposed on the offender.

Disclosure of restricted information for political or military spying purposes

Article 334-(1) Any person who publicizes information of which disclosure is restricted pursuant to the laws and regulations of the legislative authorities due to confidentiality, with the purpose of spying on political and military affairs, is punished with imprisonment from ten years to fifteen years.

(2) If the offense is committed during war time, or puts the war activities, or fighting power or military movements of the Government in jeopardy, the offender is sentenced to heavy life imprisonment.

Offense of Spying committed by negligence

ARTICLE 335- (1) If the commission of the offenses defined in this section is occasioned from failure of the concerned persons to take proper care and precautions, or results from acts facilitating commission of the offense, the negligent is punished with imprisonment from six months to three years.

(2) If the offense is committed during war time, or puts the war activities, or fighting power or military movements of the Government in jeopardy, the offender acting in negligence is sentenced to imprisonment from three years to eight years.

Holding documents relating to Public security

ARTICLE 336-(1) Any person who keeps information of which disclosure is restricted pursuant to the laws and regulations of the legislative authorities due to confidentiality, or is caught with documents containing such information where no acceptable reason could be shown for such hold, is punished with imprisonment from one year to five years.

(2) If the offense is committed during war time, the offender is punished with imprisonment from three years to eight years.

SIXTEENTH SECTION

Offenses Against the Relations With Foreign Countries

Offenses against the President of a foreign country

ARTICLE 337-(1) Punishment to be imposed on a person committing an offense against President of a foreign country is increased by one eighth. In case the offense requires punishment of life imprisonment, the offender is sentenced to heavy life imprisonment.

(2) If the felony creates the consequences of an offense of which investigation or prosecution is bound to complaint, the complaint of the foreign country is sought for commencement of investigation and prosecution.

Aspersion against the flag of a foreign country

ARTICLE 338-(1) Any person who publicly humiliates the officially flown flag of a foreign country or other signs of sovereignty, is punished with imprisonment from three months to one year.

(2) Commencement of investigation and prosecution for this offense is bound to complaint of that country.

Offences against the representative of foreign countries

ARTICLE 339-(1) The persons committing offense against the temporary or permanent representatives of foreign countries in Turkey, or the foreign personnel with diplomatic immunity, or agencies of international institutions subject to certain exceptions, are punished according to the provisions of this Law relating to the offenses committed against the public officers.

(2) If the offense committed is in the nature aspiration or insult, commencement of investigation and prosecution is bound to complaint of the aggrieved party.

Reciprocity condition

ARTICLE 340- (1) Application of the provisions stated in this section is based on reciprocity condition.

SEVENTEENTH SECTION

Final Provisions

Effectiveness

ARTICLE 341- (1) a) Article 184 of this Law under the heading “Pollution caused by the construction” comes into force on the date of publication,

b) First subsection of Article 181 under the heading “Intentional pollution of environment” and first subsection of Article 182 under the heading “Pollution of environment by negligence” comes into force after two years as of the date  of publications,

c) Other provisions come into force on 1 April 2005.

Enforcement

ARTICLE 342-(1) Provisions of this Law are enforced by the Ministers’ Council.

Наказателен кодекс на Република Румъния

THE CRIMINAL CODE

Legislationline Note: This Criminal Code was adopted in 2004 and entered into force in July 2005. Amendments of 2006 are not included in the text.

The General Part

Title I

Criminal law and its application restrictions

Chapter I

Preliminary provisions

The purpose of criminal law

Art.1 – The criminal law defends, against criminal offences, Romania, the sovereignty, the independence, the unity and indivisibility of the state, the person, its rights and liberties, the property and the rule of law.

Legality of incrimination and of criminal law sanctions

Art.2 – (1) The law specifies what actions constitute offences, provides the penalties to be applied and the measures that can be taken in case such acts are committed.

(2) No one can be sanctioned for an act not provided in the law as an offence at the perpetration date, nor can a penalty be applied or a security or educative measure be taken that is not provided by the law in force at the perpetration date.

Crimes and delicts

Art.3 – Acts provided in criminal law as offences are divided, according to their seriousness, into crimes and delicts.

Chapter II

Criminal Law Application

Section 1

Criminal Law application in time

Force of the Criminal Law

Art.4 – The criminal law shall apply to offences committed while it is in force.

Criminal Law Non-Retroactiveness and Retroactiveness

Art.5 – (1) Criminal law does not apply to acts that were not provided as offences by the law at the moment of their perpetration.

(2) Criminal law does not apply to actions committed under the former law if they are no longer mentioned in the new law.

In this case, the execution of penalties, security and educational measures handed down based on the former law, as well as all criminal consequences of court decisions concerning these acts, shall cease by the entry into force of the new law.

Application of the most favourable criminal law

Art.6 – (1) In the case where from perpetration of the offence to the final judgment of the cause one or more criminal laws have emerged, the most favourable law shall apply.

(2) Paragraph (1) shall apply also to the law declared as unconstitutional, as well as to other normative acts, approved by the Parliament with amendments or supplementations or not approved, if while they were in force they had more favourable criminal provisions.

Application of the most favourable criminal law for final penalties

Art.7 –  (1) When, from the time when the conviction decision remains final to the complete execution of a penalty involving detention or of a fine a law has emerged providing the same penalty, but with a smaller special maximum, the sanction applied, if it exceeds the special maximum provided in the new law for the offence committed, shall be reduced to this maximum.

(2) If, from the time when a decision of life detention or severe detention remains final to its execution, a law has emerged providing a different penalty of detention for the same act, the penalty of life detention or severe detention shall be replaced with the maximum of the penalty of detention provided in the new law for that offence.

(3) Should the new law provide instead of the penalty of imprisonment only the penalty of the fine, the penalty applied shall be replaced with fine, without exceeding the special maximum provided in the new law. Taking into account the part of the imprisonment already executed, the execution of the fine may be removed wholly or in part.

(4) Complementary punishments, security and educative measures not executed and not provided in the new law, shall no longer be executed, and those having a more favourable correspondent in the new law shall be executed according to the contents and restrictions provided in this new law.

(5) When a stipulation from the new law refers to punishments applied finally, the penalty reduced or replaced according to paragraphs (1)-(4) shall be taken into account for penalties executed prior to the entry into force of the new law.

Other situations regarding the application of the most favourable criminal law for final penalties

Art.8. – (1) When, from the time the conviction decision remains final to the complete execution of severe detention, strict imprisonment or imprisonment, a law has emerged providing the same penalty, but with a smaller special maximum and the sanction applied is smaller than the special maximum provided by the new law, taking into account the offence committed, the person of the perpetrator, its behaviour after the passing of the sentence or during the execution of the penalty and the time which has been executed out of the penalty, it shall be pronounced either the maintaining of the penalty, or the decreasing of the penalty. The penalty may not be reduced under the limit which results from the diminution of the penalty in proportion to the decrease of the special maximum provided for the offence committed.

Application of temporary law

Art.9 – (1) A temporary criminal law shall apply to offences committed while it was in force, even if the act was not prosecuted or tried during that time interval.

(2) A temporary criminal law is a criminal law providing its own expiry date or the application of which is restricted by the nature of the temporary situation that called for it.

Section 2

Criminal Law application in space

Territorial nature of Criminal Law

Art.10 – (1) Criminal Law shall apply to offences committed on Romanian territory.

(2) “Romanian territory” means the surface of land and water comprised by the State borders, including inner sea waters, the underground and the aerial space, as well as territorial sea with its soil, underground and aerial space.

(3) An offence is committed on Romanian territory also when it has been committed on a ship under the Romanian flag or a Romanian aircraft, as well as when only an execution act has been carried out or the result of the offence occurred on Romanian territory or on a ship under the Romanian flag or on a Romanian aircraft.

Criminal Law personality

Art.11 - Criminal law shall apply to offences perpetrated outside Romanian borders, by a Romanian citizen or by a person without citizenship which resides in Romania, if the act is provided as an offence also by the criminal law of the country of perpetration.

Criminal law reality

Art.12 – (1) Criminal law shall apply to offences committed outside Romanian territory by a foreign citizen or by a person without citizenship which resides in Romania, against national security or the security of the Romanian State, against a Romanian citizen or against a Romanian legal entity, if the Romanian law provides the penalty of life detention or severe detention.

(2) The initiation of criminal action against offences provided in paragraph (1) shall be done solely with prior authorisation from the General Prosecutor from the Prosecutor’s Office attached to the Supreme Court of Justice.

Criminal law universality

Art.13 – (1) Criminal law shall apply also to other offences than those in Article 12 para.(1), committed outside Romanian territory, by a foreign citizen or by a person without citizenship which does not reside in Romania, if:

a) the act is provided as an offence also by the criminal law of the country of perpetration;

b) the perpetrator is in our country.

(2) For offences against the interests of the Romanian State or against a Romanian citizen, the perpetrator can be tried also in the case when his/her extradition has been obtained.

(3) Para.(1) and (2) shall not apply when, according to the law of the State of perpetration, there is a cause that hinders the initiation of criminal action or the continuation of the criminal lawsuit or the execution of the penalty or when the penalty has been executed or it is considered to have been executed.

(4) When the penalty has not been executed or has been executed only in part, the course of action shall be in accordance with the legal stipulations on recognition of foreign judgments.

Criminal law and international conventions

Art.14 – Articles 11- 13 shall apply if no international convention to which Romania is a Party ordains otherwise.

Jurisdiction immunity

Art.15 – Criminal law does not apply to offences committed by diplomatic representatives of foreign States or by other persons who, according to international conventions, are not subject to criminal jurisdiction in Romania.

Extradition

Art.16 – (1) Extradition shall be granted or may be requested based on an international convention or based on reciprocity.

(2) The conditions for requesting or granting extradition provided either in international conventions or declarations of reciprocity shall be supplemented by those provided in the special law.

Title II

Offences

Chapter I

General Provisions

Essential features of offences

Art.17 – (1) An offence is an act provided in the criminal law, manifesting a social peril and committed in guilt.

(2) Offences are the only grounds for criminal liability.

The social peril

Art.18 – An act represeting a social peril according to the criminal law is any action or inaction through which one of the values provided in article 1 is damaged and for which the application of a penalty is necessary.

Acts that do not manifest a social peril

Art.19 – (1) If the act provided in the criminal law damages insignificantly one of the values protected by the law and by its concrete content, is obviously lacking importance, therefore not manifesting a social peril, the above said act does not constitute an offence.

(2) For the determination of the concrete social peril, it shall be taken into account the manner and the means by which the act was committed, the purpose of the act, the circumstances in which the act was committed, the result which was caused or which could have been caused, as well as the person and the behaviour of the perpetrator.

(3) In case of perpetration of an act provided by this article, the prosecutor or the court applies one of the following administrative sanctions:

a) reproach;

b) reproach with warning;

c) a fine from 1.000.000 lei to 25.000.000 lei.

Guilt

Art.20 – (1) The act provided by the criminal law which manifests a social peril is committed in guilt when it is perpetrated in intent, in negligence or with exceeded intent.

1.The act is committed in intent, when the perpetrator:

a) foresees the result of his act, pursuing its occurrence through the commission of that act;

b) foresees the result of his act and, although he does not pursues it, accepts the possibility of its occurrence.

2.The act is committed in negligence when the perpetrator:

a) foresees the result of his act, but he does not accept it, considering, without ground, that the result should not occur;

b) he does not foresees the result of his act, although he should have and could have foreseen it.

(2) An act that resides either in an action or inaction shall be an offence only when it is committed with intent.

(3) An act committed in negligence shall be an offence only when the law so provides.

(4) There is exceeded intent when the more serious result of an action or inaction with intent is caused by the perpetrator’s negligence.

Chapter II

Justifying causes

Justifying causes

Art.21 – (1) An act provided in the criminal law committed in the circumstances of one of the justifying clauses provided in the law shall not be an offence.

(2) The effect of justifying clauses is expanded also over the participants.

Legitimate defence

Art.22 – (1) The act committed in legitimate defence does not constitute an offence.

(2) Is in legitimate defence the person who commits the act in order to remove a material, direct, immediate and unjust attack against himself or against some other person or against a general interest, endangering the person or the rights of the one attacked or the general interest.

(3) It shall be presumed that the person committing an act in order to reject the penetration, without right, of a person by violence, deceit, forced entry or by any other such means, into a home, a room, an outbuilding or a enclosed space annexed to these is also in legitimate defence.

(4) An act provided in the criminal law committed while exceeding the limits of defence proportional with the seriousness of the danger and with the circumstances of the attack, shall not be considered an offence if the exceeding of limits took place because of the confusion or fear of the person responding.

State of necessity

Art.23 – (1) An act provided in the criminal law committed by a person in order to save his/her own life, corporal integrity or health or those of another person or an important asset of his/her own or of another person or a general interest, from imminent danger that could not be removed otherwise shall not be considered an offence.

(2) A person who, at the moment of perpetration, did not realise that he/she was causing obviously more serious consequences than those that could have occurred had the danger not been removed, shall also be in a state of necessity.

Order of the law and command of legitimate authority

Art.24 – (1) The commission of an act incumbent upon one or authorised by the law shall not be considered an offence if it has been executed according to the conditions provided in the law.

(2) The accomplishment of an act ordained by the legitimate authority shall not be an offence if the order is given in the form provided in the law and it is not obviously illegal.

The victim’s consent

Art.25 – (1) An act committed with the victim’s consent validly expressed when he/she was legally able to dispose of the social value infringed upon or endangered, shall not be an offence.

(2) Para.(1) shall not apply for offences against a person’s life. In case of offences against the corporal integrity and health of persons para.(1) shall not apply if the act consented infringes the law or the good manners.

Chapter III

Causes that remove the criminality of acts

Causes that remove the criminality of acts

Art.26 – (1) An act provided in the criminal law committed in the circumstances of one of the causes provided by the law that remove the criminality of acts shall not be an offence.

(2) The effect of causes that remove the criminality of acts shall not be expanded over the participants, except for the fortuitous case.

Physical coercion

Art.27– An act provided in the criminal law committed because of physical coercion to which the perpetrator could not resist shall not be an offence.

Moral coercion

Art.28 – An act provided in the criminal law committed because of moral coercion, exercised by threat with a serious danger for the person of the perpetrator or for another person and that could not be removed otherwise shall not be an offence.

Fortuitous case

Art.29 – An act provided in the criminal law, the result of which is the consequence of unforeseeable circumstances shall not be an offence.

Perpetrator’s minority

Art.30 – An act provided in the criminal law committed by a minor who, at the perpetration date did not meet the legal conditions for criminal liability shall not be an offence.

Irresponsibility

Art.31 – An act provided in the criminal law shall not be an offence if the perpetrator, at the time of perpetration, either because of mental alienation, or for other reasons, was unaware of his/her actions or inactions, or could not master them, shall not be an offence.

Inebriety

Art.32 – (1) An act provided in the criminal law shall not be an offence if the perpetrator, was, at the time of perpetration, due to circumstances beyond his/her will, in a state of total inebriety caused by alcohol or other substances.

(2) A state of voluntary total inebriety caused by alcohol or other substances shall not remove the criminality of acts. It can be, according to case, either a mitigating or an aggravating circumstance.

Error de facto

Art.33 – (1) An act provided in the criminal law shall not be an offence if the perpetrator, at time of perpetration, was unaware of the existence of a state, situation or circumstance on which the criminality of the act depends.

(2) A circumstance not known by the perpetrator at the time of perpetration shall not be an aggravating circumstance.

(3) Para.(1) and (2) shall apply also to acts committed by negligence that are punished by criminal law, only if the unawareness of the state, situation or circumstance concerned is not in itself the result of negligence.

Chapter IV

Attempt

Attempt

Art.34 – (1) Attempt is the execution of a decision to commit an offence, an execution that was interrupted or did not have its effect.

(2) There is also attempt when the occurrence of the offence was not possible due to the insufficiency or the defectiveness of the means used, or due to the fact that while the act was committed, the object was absent of the place where the perpetrator thought it would be.

(3) There is no attempt when the impossibility of occurrence of the offence is because of how the execution was conceived.

Punishment of attempt

Art.35 – (1) Attempt to crime shall always be punished, and attempt to delict shall be punished only when the law provides it.

(2) For natural persons, attempt shall be sanctioned by a penalty immediately inferior to the penalty provided in the law for an offence that did occur, if the law does not provide otherwise.

(3) For legal entities attempt shall be punished by a fine from the special minimum and the special maximum of the fine provided in the law for an offence that did happen, reduced by half, if the law does not provide otherwise. One or more of the complementary penalties can be added to this penalty, except for that of dissolution of the legal entity.

Divestment and hindrance of result occurrence

Art.36 – (1) A perpetrator who divested him/herself or who hindered the occurrence of the result before the act was discovered shall not be punished.

(2) If the acts accomplished up to the moment of divestment or hindrance of result occurrence is another offence, the penalty for that offence shall be applied.

Chapter V

Participation

Participants

Art.37 – Participants are persons who contribute to the perpetration of an act provided by the criminal law as authors, instigators or accomplices

Authors

Art.38– (1) A person committing an offence directly is an author.

(2) Should several persons commit an offence directly and together, each person shall be punished as an author.

Instigators

Art.39 – An instigator is a person who intentionally determines another person to commit an offence.

Accomplices

Art.40 – (1) An accomplice is a person who voluntarily facilitates or helps in any way in the commission of an offence.

(2) A person who promises, either before or during the commission of the offence, to conceal the proceeds emerging from it or to favour the perpetrator, even if after commission of the offence the promise is not kept, shall also be an accomplice.

Penalty for participation

Art.41 – Instigators and accomplices to an offence provided by the criminal law, committed intentionally, shall be sanctioned by the penalty provided in the law for authors. In establishing the penalty, each person’s contribution to the commission of the offence, as well as the provisions of article 87, shall be taken into account.

Real and personal circumstances

Art.42 – (1) Circumstances relating to the person of the author or that of another participant shall not be transmitted to the others.

(2) Circumstances relating to the act shall be transmitted to the participants only to the extent that they were aware of them or foresaw them.

Hindrance of perpetration

Art.43 – (1) A participant shall not be punished if he/she hinders its occurrence, during execution, but before the act is discovered.

(2) If the acts committed until the moment of hindrance make up another offence, the participant shall be punished for that offence.

Improper participation

Art.44 – (1) Determining, facilitating or helping, in any manner, voluntarily, to the commission in negligence by another, of an act provided in the criminal law, shall be sanctioned by the penalty provided in the law for the act perpetrated in intent.

(2) Determining, facilitating or helping, in any manner, voluntarily, to the commission without guilt by another, of an act provided in the criminal law, shall be sanctioned by the penalty provided in the law for that act.

(3) Provisions of art.42 and 43 apply accordingly.

Chapter VI

Criminal liability for legal entities

Conditions for criminal liability of legal entities

Art.45 – (1) A legal entity, except for the State, the public authorities and the public institutions, shall be criminally liable, in cases provided in the law, for offences committed on behalf or in the interest of the legal entity, by its bodies or representatives.

(2) Criminal liability for legal entities shall not exclude the criminal liability of natural persons who partook in the commission of that same act.

Chapter VII

Plurality of offences

Forms of plurality

Art.46 – Plurality of offences shall be, according to each case, concurrence of offences or relapse.

Concurrence of offences

Art.47 – (1) There is actual concurrence of offences when two or more offences have been committed by the same person, by two or more actions or inactions, before being finally convicted for any one of them.

(2) There is formal concurrence of offences when an action or inaction committed by the same person has the elements of several offences, because of the circumstances of perpetration and because of the consequences it produced.

(3) For formal concurrence of offences, the act shall be sanctioned by the punishment provided by the law for the most serious of the offences committed.

Main penalty for actual concurrence of offences

Art.48 –  (1) In case of actual concurrence of offences, the penalty for each offence is established separately, and from among these the penalty is applied in one of the following ways:

a) when only penalties involving detention have been provided:

1. the heaviest penalty established for one of the concurrent offences shall be applied. It can be increased up to its special maximum, and when this special maximum is not sufficient a supplementation can be applied, while not exceeding the total of length of penalties established for the concurrent offences nor the general maximum of the immediately superior penalty or

2. a penalty is applied that represents the total of the penalties established for the concurrent offences, while not exceeding the general maximum of the immediately superior penalty;

b) when only penalties by fine have been established:

1. the heaviest penalty established for one of the concurrent offences shall be applied. It can be increased up to its special maximum, and when this special maximum is not sufficient a supplementation can be applied, while not exceeding the total of penalties by fine established by the court for the concurrent offences nor the general maximum of the fine or

2. a penalty is applied that represents the total of the fines established for the concurrent offences, while not exceeding the general maximum of the fine;

c) when the court has established both penalties of detention and penalties of fine, the penalty of detention shall be applied according to lett.a) point 1, to which the fine can be added, wholly or in part.

(2) Should any of the punishments for the concurrent offences be life detention, this penalty shall be applied.

(3) Para.(1) and (2)shall apply also when a final decision of conviction has been handed down for one of or all the concurrent offences.

Complementary penalties and security measures for actual concurrence of offences

Art.49 – (1) If for one of the concurrent offences a complementary penalty has also been established, it shall apply together with the penalty of detention.

(2) Complementary penalties of a different nature or even of the same nature, but having different contents, shall apply together with the penalty of detention.

(3) If several complementary penalties have been established having the same nature and the same contents, the heaviest of them shall be applied.

(4) Security measures of the same nature in the case of concurrent offences shall be taken only once, and if they are different in nature they shall be cumulated.

Relapse

Art.50 – (1) There is relapse in the following cases:

a) when the person convicted to a final penalty of detention from one to 5 years deliberately commits a new offence for which the law provides a penalty of detention longer than one year, before the commencement of the penalty execution, during its execution or as an escaped convict;

b) when the person convicted to a final penalty of detention longer than 5 years deliberately commits a new offence for which the law provides a penalty of detention longer than one year, before the commencement of the penalty execution, during its execution or as an escaped convict;

c) when the person convicted to a final penalty of detention from one to 5 years deliberately commits a new offence for which the law provides a penalty of detention longer than one year, after execution of the penalty;

d) when the person convicted to a final penalty of detention longer than 5 years deliberately commits a new offence for which the law provides a penalty of detention longer than one year, after execution of the penalty.

(2) There is relapse also when one of the penalties in para.(1) is life detention.

(3) In order to establish the relapse, a decision of conviction handed down abroad for an act provided also in Romanian law shall be taken into account, if it has been recognized according to the law.

Sanction for relapse

Art.51 – (1) For relapse after conviction provided in Art.50 para.(1) a) the rules of the concurrence of offences shall apply. If the convicted person has executed a part of the penalty, the rules for concurrence of offences shall apply taking into account the penalty left to be executed.

(2) For relapse after conviction provided in Art.50 para.(1) b), the penalty established for the offence committed afterwards and the penalty applied for the previous offence shall be cumulated, while not exceeding the general maximum of the immediately superior penalty. Should the convicted person have executed a part of the penalty already, the cumulation shall be made between the penalty left to be executed and the penalty for the offence committed afterwards.

(3) For relapse after execution provided in Art.50 para.(1) c) and d), a penalty that can be increased by 10 years, within the restrictions of the immediately superior penalty can be applied.

Penalty for certain cases where there is no relapse

Art.52 – When after final conviction the person convicted commits a new offence, before the commencement of the penalty execution, during execution or as an escaped convict, and the legal requirements for relapse are not met, the penalty shall be applied according to the rules for concurrence of offences.

Convictions that do not entail relapse

Art.53 – (1) Upon establishment of relapse, decisions of conviction concerning:

a) offences committed during minority;

b) offences committed in negligence;

c) offences amnestied;

d) acts no longer provided as offences by the criminal law;

shall not be taken into account.

(2) Also, convictions for which rehabilitation occurred or with regard to which the rehabilitation term was reached shall not be taken into account.

Penalties for plurality of offences committed by legal entities

Art.54– (1) For occurrence of offences committed by a legal entity,the fine up to the special maximum provided in Art.80 para.(2) or (3) shall be applied for the most serious of offences, which can be increased by one fourth.

(2) When a legal entity has previously had a final conviction for an offence, para.(1) shall apply, if the penalty applied for the previous offence was not executed. If the previous penalty has been executed, the penalty of fine up to the special maximum provided in Art.80 para.(2) or (3) shall be applied, which can be increased by one third.

(3) Complementary penalties can be cumulated.

Unity of a continued offence and of a complex offence

Art.55 – (1) For continued offences and for complex offences there is no plurality of offences.

(2) An offence is continued when a person commits, at various time intervals, but for the realisation of the same resolution, actions or inactions each having the content of the same offence. In this case, the penalty provided by the law for the offence committed shall apply, to which an increase can be added up to the special maximum, and when this maximum is not sufficient an increase can be applied while not exceeding the general maximum.

(3) An offence is complex when its contents include, as a constitutive element or as an aggravated circumstantial element, an action or an inaction that is in itself an act provided in the criminal law.

Recalculation of the penalty for continued or complex offences

Art.56 – If the perpetrator who received a final conviction for a continued or complex offence is judged afterwards also for other actions or inactions included in the contents of the same offence, taking into account the offence committed as a whole, an appropriate penalty shall be established, and it cannot be shorter than the one previously handed down.

Title III

Penalties

Chapter I

Categories and general limits for penalties applied to natural persons

Penalties and their purposes

Art.57 – (1) A penalty is a coercion measure applied in order to re-educate the convict and to prevent the commission of new offences.

(2) The execution of penalties must not cause physical suffering nor degrade the convict’s person.

Types of penalties

Art.58 – (1) Penalties that apply to natural persons are: main penalties, complementary penalties and accessory penalties.

(2) Main penalties are divided into: main penalties for crimes and main penalties for delicts.

(3) Main penalties for crimes are:

a) life detention;

b) severe detention from 15 to 30 years;

(4)Main penalties for delicts:

a) strict imprisonment from one to 15 years;

b) imprisonment from 15 days to one year;

c) fine in the form of days/fine, from 5 to 360 days, each day being calculated from 100.000 to 1.000.000 lei;

d) community service, from 100 to 500 hours.

(5) Complementary penalties for crimes and delicts are:

a) prohibition of the exercise of certain rights from one to 10 years;

b) military reduction to the ranks.

(6) The accessory penalty for delicts and crimes is the prohibition of the exercise of all rights provided as complementary penalty.

Chapter II

Categories and general limits for penalties applicable

to legal entities

Types of penalties

Art.54 – (1) Penalties applicable to legal entities for delicts or crimes are: main penalties and complementary penalties.

(2) The main penalty is the fine from 10.000.000 to 10.000.000.000 lei.

(3) Complementary penalties are:

a) dissolution of legal entities;

b) suspension of the activity or of one of the activities of the legal entity for a duration of one to 3 years;

c) prohibition to partake in public acquisition proceedings, from one to 5 years;

d) prohibition of access to certain financial resources, from one to 5 years;

e) display of the conviction decision or its dissemination in the Official Gazette of Romania, or in the media.

(4) Complementary penalties provided in para.(3) b)-e) can be applied cumulatively, wholly or in part.

Chapter III

The regulation for execution of main penalties applied to natural persons

Section 1

Regulations for the execution of penalties of detention

General rules for the execution of main penalties of detention

Art.60 – (1) The regulations for executing main penalties of detention is based on the progressive system.  The convicts have the possibility, in accordance with the law on penalty execution, to pass from one treatment to another.

(2) Penalties of detention are executed in one of the following treatments:

a) the maximum-security treatment;

b) the closed treatment;

c) the semi-open treatment;

d) the open treatment.

(3) The treatment for the execution of penalties of detention is founded on the convicts’ possibility to carry out useful work, if they are able to, on the educational action that must be carried out with regard to the convicts, on their observance of labour discipline and of the inner order of the places of detention, as well as on stimulating and remunerating those who are consistent in their work, disciplined and who show serious improvement. All these means need to be used to lead to the social reintegration of convicts and to the prevention of offence commission.

(4) After reaching the age of 60, convicts are allowed to work only if they ask for and only if they are capable to work.

The place and the manner of executing penalties of detention

Art.61– (1) Execution of penalties of detention is done, according to the law on penalty execution, in places expressly destined for this, called prisons.

(2) Women sentenced to penalties of detention shall execute these penalties separately from male convicts.

(3) Minors convicted to penalties of detention shall execute these penalties separately from adult convicts or in special places of detention, while ensuring the possibility for them to continue the obligatory education and to acquire professional training according to their abilities.

Treatment at work

Art.62 – (1) The work carried out by convicts is remunerated, except maintenance work necessary to the prison.

(2) The norms, the working hours and the remuneration for the convict are those established in the law.

(3) Of the convict’s remuneration, one part shall be given to him/her, and the other part shall be given to the prison administration. These parts, as well as how the money is used shall be established through the law on penalty execution.

Section 2

Regulations for the execution of life detention and severe detention

The place and manner of executing the penalty of life detention and of severe detention

Art.63 – (1) Life detention and severe detention shall be executed in prisons expressly destined for this or in special sections of the other prisons.

(2) The treatment for life detention and severe detention is the maximum-security treatment. Persons convicted to life detention or severe detention can pass to the other treatments in accordance with the law on penalty execution.

Non-application of life-detention

Art.64 – (1) Life detention shall not apply to persons who, at the date of pronunciation of the conviction decision, have reached the age of 60 years. In this case, life detention shall be replaced by the maximum penalty of severe detention and the complementary penalty of the interdiction of the right of rights for the maximum length.

(2) When the person convicted to life detention has reached the age of 60 during the execution of the penalty, life detention shall be replaced with the maximum penalty of severe detention and the complementary penalty of the interdiction of the right of rights for the maximum length.

Calculating the penalty in case of commutation or replacement of life detention

Art.65 – In cases of commutation or replacement of life detention with severe detention, the period of detention executed is considered a part executed from the penalty of severe detention.

Section 3

Regulations for the execution of the penalty of strict imprisonment and of imprisonment

The place and manner of executing the penalty of strict imprisonment

Art.66 – (1) Execution of the penalty of strict imprisonment shall be done in prisons destined expressly.

(2) The treatment for the execution of the penalty of strict imprisonment shall be the closed treatment, for persons convicted to strict imprisonment for more than 5 years or the semi-open treatment, for strict imprisonment not exceeding 5 years.

(3) The persons convicted to strict imprisonment can pass to the other treatments in accordance with the law on penalty execution.

The place and manner of executing the penalty of imprisonment

Art.67 – (1) Execution of the penalty of imprisonment shall be done in prisons destined expressly.

(2) The treatment for the execution of the penalty of imprisonment shall be the open treatment, provided in the law on penalty execution.

Section 4

Regulations for execution of fines

Contents of the penalty of the fine in the form of days/fine

Art.68 – (1) The penalty of the fine is the sum of money that the perpetrator is sentenced to pay.

(2) The penalty of the fine is applied in the form of days/fine. In this case the total sum to be paid is the result of multiplying the number of days of penalty established by the court in relation to the seriousness of the act and the person of the perpetrator, by the sum representing the evaluation in money of each penalty day, taking into account the perpetrator’s financial possibilities and the legal obligations he/she has with regard to the persons in his/her care.

(3) Should the law provide that an offence is punishable only by fine, without setting forth its limits, the special minimum of days/fine is 20 days, and the special maximum is 120 days.

(4) When the law provides the penalty of the fine, without showing its limits, alternatively with the penalty of detention, the special minimum of days/fine is 40 days, and the special maximum is 180 days, and when the law provides the penalty of the fine alternatively with the penalty of strict imprisonment, the special minimum is 60 days and the special maximum is 240 days.

Replacement of the penalty of the fine in the form of days/fine

Art.69– (1) In case of convicts who elude in ill faith the execution of the fine, if the law provides the penalty of strict imprisonment as a penalty alternative to the fine, the court may replace the fine with community service up to 500 hours or, if the convict does not consent to this penalty, with the penalty of strict imprisonment.

(2) In the case of convicts who elude in ill faith the execution of the fine, if the law provides the penalty of imprisonment as a penalty alternative to the fine, the court may replace the fine with community service up to 300 hours or, if the convict does not consent to this penalty, with the penalty of imprisonment.

(3) When replacing the penalty of the fine, the length of the days/fine not paid shall be taken into account.

Section 5

The regulation for execution of community service

Contents of penalties and execution

Art.70– (1) Should the law provide the penalty of imprisonment or strict imprisonment of no more than 3 years for a delict,the court can ordain the replacement of the penalty of detention with the execution of unremunerated community service, for a duration of at least 100 hours.

(2) The maximum length for community service is 300 hours, in the case where the law provides the penalty of imprisonment and 500 hours, in case the law provides the penalty of strict imprisonment of no more than 3 years.

(3) Community service can only be ordained with consent from the defendant.

(4) Should the convicted person fail to execute this penalty or, should he/she have inappropriate conduct during execution, by not fulfilling obligations or by fulfilling them in an inappropriate manner, the court can ordain, if the law does not provide another sanction, the revocation of community service, replacing it, wholly or in part, with, as the case requires, imprisonment or strict imprisonment of no more than 3 years.

(5) The manner of executing community service is regulated by the law on punishment execution.

Section 6

Parole

Parole for persons convicted to imprisonment, strict imprisonment and severe detention

Art.71– (1)After having executed at least two thirds of the penalty of imprisonment or of strict imprisonment or three fourths of severe detention, the convicts who are consistent in their work, well-disciplined and show serious improvement, taking into account the length of penalty still to be executed, the age, the health, the form of guilt and criminal antecedents, can be released on parole before the full execution of the penalty.

(2) Minors convicted to imprisonment or strict imprisonment can be released after the execution of one third of the penalty applied. When the person convicted has reached the age of 60 for men and 55 for women, she/he may be release on parole after the execution of one third of the penalty of imprisonment or strict imprisonment or half fo the severe detention.

(3) In the calculation of fractions of the penalty provided in para.(1) the part of the penalty that can be considered, according to the law, as being executed based on the work carried out shall be taken into account. In this case, parole cannot be granted before the actual execution of at least half of the penalty of imprisonment or strict imprisonment or of at least two thirds of the penalty of severe detention.

(4) During parole, the court can oblige the convict to submit to measures of supervision provided in Art.103.

Parole for life detention convicts

Art.72– (1) Persons convicted to life detention can be released on parole after the actual execution of 20 years of detention, if he/she is consistent at work, well disciplined and shows serious improvement, also taking into account the criminal antecedents.

(2) Convicts over the age of 60 can be released on parole after the actual execution of 15 years of detention, if the other conditions provided in para.(1) are also met.

(3) A penalty shall be deemed as executed if within 10 years from parole the convict has not committed any new offence. If during this interval the convict has committed a new offence, Art.73 shall apply accordingly.

(4) During parole the court can oblige the convict to submit to measures of supervision provided in Art.103.

Effects of parole

Art.73 – (1) The penalty is deemed as executed if during the time interval between parole release and the expiry of the penalty, the person convicted has not committed a new offence.

(2) If until completion of the penalty the person released on parole has committed a new offence for which the law provides the penalty of imprisonment, the court, taking into account its seriousness, can ordain either the maintenance of parole or its revocation.

(3) If until completion of the penalty the person released on parole has committed a new offence for which the law provides the penalty of severe imprisonment, of severe detention or of life detention, revocation of parole is obligatory.

(4) In case of revocation of parole, the penalty established for the ulterior offence and the rest of the penalty to be executed from the previous penalty shall be cumulated, without exceeding the general maximum of the heaviest penalty.

Section 7

Execution of penalty in a military prison

The manner of executing penalties in military prisons

Art.74 – (1) The execution of the penalty of imprisonment not exceeding 2 years, by active members of the military, shall be done in a military prison in the cases provided in the law, as well as in the cases where the law court, taking into account the circumstances of the cause and the person of the convict, so ordains.

(2) If the person convicted has executed half of the duration of the penalty and has shown serious improvement, the part of the penalty left to be executed shall be reduced by a third, and if the convict’s behaviour was outstanding, the reduction can exceed a third; it can even include the entire rest of the penalty.

(3) If during the execution of penalty the person convicted becomes unable for service, is released on parole.

(4) If during execution of penalty the person convicted commits a new offence, the court that pronounces the conviction shall apply, according to case, Art.51 or Art.52. The penalty thus established is executed in a place of detention.

(5) After execution of the penalty according to para.(1)-(3) or after total pardon or after pardon of the rest of the penalty, the person convicted shall be rehabilitated de jure.

(6) Paragraphs (1)-(5) shall apply also for those who have begun military service after the conviction decision remained final.

(7) In case that, before commencement of the execution of the penalty in a military prison, the convict has been put in reserve, the penalty shall be executed in a place of detention.

Chapter IV

Complementary and accessory penalties

Section 1

Complementary penalties

Contents of the penalty of prohibition of the exercise of certain rights

Art.75 – (1) The complementary penalty of the prohibition to exercise certain rights resides in the prohibition of exercising one or more of the following rights:

a)the right to elect and be elected into public authorities or as elected public officials;

b) the right to hold an office involving the exercise of State authority;

c) the right to hold an office or to exercise a profession or to carry out an activity, of the nature of the one that was used by the convict to commit the offence;

d) parental rights;

e) the right to be a guardian or a curator.

(2) Prohibition of exercising the rights provided in para.(1) b) cannot be pronounced unless it is accompanied by the prohibition of exercising the rights provided in para.(1) a), except when the law provides otherwise.

Application of the penalty of prohibition of the exercise of certain rights

Art.76 – (1) The complementary penalty of the prohibition of exercising certain rights can be applied, if the main penalty established is detention of at least 2 years and the court finds that, with regard to the nature and seriousness of the act, the circumstances of the cause and the person of the perpetrator, this penalty is necessary.

(2) The application of the prohibition to exercise certain rights is obligatory when the law provides this penalty.

(3) The condition provided in para.(1) concerning the quantum of the detention must be met also for the case when the application of the penalty provided in that penalty is compulsory.

Execution of the penalty of prohibition of exercising certain rights

Art.77– The execution of the penalty of prohibiting the exercise of certain rights shall commence after execution of the penalty of detention, after total pardon or pardon of the rest of the penalty, or after prescription of penalty execution.

Contents and application of the penalty of military reduction to the ranks

Art.78– (1) The complementary penalty of military reduction to the ranks consists of loss of rank and of the right to wear a uniform.

(2) Military reduction to the ranks shall be applied obligatorily to convicts in the military, either active or in reserve, if the main penalty established is life detention or severe detention.

(3) Military reduction to the ranks can be applied to members of the military, either active or in reserve, for offences committed deliberately, if the main penalty established is strict imprisonment at least 5 years and no more than 15 years.

Section 2

Accessory penalties

Contents and execution of accessory penalties

Art.79 –(1) The accessory penalty consists of the prohibition of all rights provided in Art.75.

(2) Conviction to a penalty of detention entails de jure the prohibition of rights provided in para.(1) from the moment when the decision of conviction remained final to the completion of penalty execution, to total pardon or the pardon of the rest of the penalty or to completion of the prescription term for the execution of the penalty.

(3) For the duration of the postponement or interruption of execution of the penalty of detention, the convict can exercise his/her parental rights and the right to be a guardian or a curator, except the case when these rights have been prohibited expressly for the convict by court decision.

(4) For the duration of the suspension of the penalty of detention, the execution of accessory penalties shall also be suspended.

Chapter V

Regulations for the execution of penalties applied to legal  entities

Section 1

Regulations for execution of the penalty of the fine

Contents of the penalty of the fine

Art.80 – (1) The penalty of the fine consists of the sum of money that a legal entity is obliged to pay.

(2) When the law provides the penalty of detention for the offence committed by a natural person, the special minimum of the fine for legal persons shall be 25.000.000 lei, and the special maximum of the fine shall be 7.500.000.000 lei.

(3) When the law provides the penalty of imprisonment for the offence committed by a natural person, the special minimum of the fine for legal persons shall be 10.000.000 lei, and the special maximum of the fine shall be 5.000.000.000 lei.

Section 2

Regulations for execution of the penalty of dissolution of legal entities

Contents and execution of the penalty of dissolution of legal entities

Art.81 – (1) Dissolution of a legal entity can be pronounced when a legal entity has been founded in order to commit offences or when the object of its activity has been diverted for the commission of offences.

(2) Dissolution of a legal entity entails the opening of proceedings for liquidation, according to the law.

(3) The court shall designate the liquidator through the decision of dissolution of the legal entity.

(4) One copy of the enacting terms of judgment on dissolution shall be sent to the body that authorised the foundation of the legal entity and one to the body that registered the legal person, in order to take the necessary measures.

Section 3

Regulations for the execution of the penalty of suspension of the activity or of one of the activities of legal entities

Contents and execution of the penalty of suspension of the activity or of one of the activities of legal entities

Art.82 –(1) Suspension of the activity or of one of the activities of a legal person resides in the prohibition of the activity or of that particular activity from among the activities of the legal entity in the exercise of which the offence was committed.

(2) Suspension of the activity or of one of the activities of a legal person can be applied for a duration of one to 3 years.

(3) One copy of the enacting terms of judgment on suspension shall be sent to the body that authorised the foundation of the legal entity and one to the body that registered the legal person, in order to take the necessary measures.

Section 4

Common provisions for dissolution of legal entities and suspension of the activity or of one of the activities of a legal person

Contents of common provisions

Art.83 –(1) Dissolution and suspension cannot be applied to political parties, syndicates, employers’ associations, religious cults or organisations of citizens belonging to national minorities, founded according to the law.

(2) Dissolution cannot be applied to legal entities carrying out activity in the media.

(3) Activity in the media cannot be suspended.

Section 5

Regulations for the execution of the penalty of prohibition to partake in public acquisitions proceedings

Contents and execution of the penalty of prohibition to partake in public acquisitions proceedings

Art.84 –(1) Prohibition to partake in public acquisitions proceedings resides in the prohibition to partake, either directly or indirectly, in proceedings for the assignment of public acquisitions contracts, provided in the law for a duration of one to 5 years.

(2) A copy of the enacting terms of judgment by which the penalty in para.(1) was applied shall be sent immediately to each of the following:

a) the office of the Trade Register attached to the tribunal, in order to operate the formalities for publication in the Trade Register;

b) the Ministry of Justice, in order to operate the formalities for publication in the national register of legal entities with no property-related purposes;

c) other authorities keeping records of legal entities, in order to operate the formalities for publication.

Section 6

Regulations for executing the penalty of prohibiting access to certain financial resources

Contents and execution of the penalty of prohibiting access to certain financial resources

Art.85 –(1) Prohibition of access to certain financial resources resides in the prohibition to obtain funds by placement of securities or to obtain funds from credit institutions or financial institutions, for a duration of one to 5 years.

(2) A copy of the enacting terms of the judgment of prohibition shall be sent to the National Bank of Romania, to the National Movable Assets Commission and to the Commission for Insurance Supervision.

Section 7

Regulations for the execution of the penalty of displaying or disseminating the decision of conviction

Contents and execution of the penalty of displaying or disseminating the decision of conviction

Art.86 – (1)Display of the decision of conviction or its dissemination in the Official Gazette of Romania or in the media shall be done at the expense of the legal entity convicted. Expenses for display or dissemination cannot exceed the quantum of the penalty of the fine applied to legal entities.

(2) The court can ordain the display or dissemination of the conviction decision to be made in full or in excerpt.

(3) Display or dissemination of the decision of conviction shall not reveal the victim’s identity or that of his/her/its legal representative, without their consent.

(4) Display of the decision of conviction shall be done in the place and for the duration established by the court, while not exceeding 2 months.

(5) Dissemination of the conviction decision shall be done by publication in the Official Gazette of Romania, Part IV, in one or more newspapers or through one or more audiovisual communication services, as established by the court.

Chapter VI

Personalisation of penalties

Section 1

General provisions

General rules for penalty personalisation

Art.87 – (1) When establishing and applying penalties for natural persons, one shall take into account the provisions of the general part of this code, the penalty limits set forth by the special part, the seriousness of the act committed, the person of the perpetrator and the mitigating or aggravating circumstances.

(2) When, for the offence committed, the law provides alternative penalties, one shall take into account para.(1), both in choosing one of the alternative penalties, as well as in setting its proportional size.

(3) Penalties increased because of aggravating causes shall be executed in the treatment appropriate for the penalty provided in the law for the offence committed.

(4) When establishing and applying penalties for legal persons, one shall take into account the provisions of the general part of this code, the penalty limits set forth for natural persons by the special part, the seriousness of the act committed and the mitigating or aggravating circumstances.

(5) Aggravating and mitigating causes for the penalty, accepted by the court, must be motivated in the decision.

Section 2

Legal and judicial aggravating and mitigating circumstances

Legal mitigating circumstances

Art.88 – The following situations shall be legal mitigating circumstances:

a) commission of the offence during powerful confusion or emotion, determined by a challenge of the person injured, caused either by violence, by a serious infringement of the person’s dignity or by other serious illicit actions;

b) exceeding the limits of legitimate defense or state of necessity;

c) commission of the act with a motive or a purpose that emphasizes the low degree of danger represented by the person of the perpetrator;

d) if by a minimum infringement of one of the values defended by the law and by its concrete contents the act has a low degree of seriousness.

Legal aggravating circumstances

Art.89 – The following situations shall be legal aggravating circumstances:

a) commission of the act by two or more persons together;

b) commission of the offence by methods or means that represent a public danger;

c) commission of the offence by an adult perpetrator, if it was committed together with a minor;

d) commission of the offence for ignoble reasons;

e) commission of the offence by a person who took advantage of the situation caused by calamity;

f) commission of the offence against a person who is unable to defend him/herself or to express his/her will, against a minor under the age of 15 or against family members;

g) commission of the offence in order to elude prosecution, arrest or execution of the penalty for oneself or for another;

h) commission of the offence in order to facilitate or conceal the commission of an offence.

Judicial mitigating circumstances

Art.90 – (1) The following situations can be judicial mitigating circumstances:

a) the perpetrator’s good conduct prior to committing the offence;

b)consistence of the perpetrator in removing the result of the offence or repairing the damage caused;

c) the perpetrator’s attitude after commission of the offence, emerging from his/her presentation before authorities, honest behaviour during the trial, facilitation of discovery or arrest of the participants.

(2) The circumstances enumerated in the present Article are examples.

Judicial aggravating circumstances

Art.91 – Any situation other than those enumerated in Art.89 that gives the act a serious nature can be an aggravating circumstance.

Effects of mitigating circumstances

Art.92 – (1) In case of mitigating circumstances the main penalty for natural persons shall be amended as follows:

a) when, for the offence committed, the law provides life detention, severe detention shall be applied;

b) when, for the offence committed, the law provides severe detention, strict imprisonment shall be applied;

c) when, for the offence committed, the law provides strict imprisonment, the penalty of imprisonment or that of community service or the fine in the form of days/fine shall be applied;

d) when, for the offence committed, the law provides imprisonment, community service or fine in the form of days/fine shall be applied;

e) when, for the offence committed, the law provides only the fine in the form of days/fine, the penalty from 5 to 20 days shall be applied.

(2) When there are mitigating circumstances, the complementary penalty of deprivation of rights, provided in the law for the offence committed, can be removed, and in the case of legal persons the complementary penalty of dissolution or suspension of the activity or of one of the activities of the legal entity cannot be applied.

(3) Lowering the penalty under the legal limits is compulsory for legal mitigating circumstances and optional in the other cases.

Effects of aggravating circumstances

Art.93 – (1) In case of aggravating circumstances, for natural persons a penalty that can be increased by 5 years can be applied, within the limits of the immediately superior penalty, if the law does not provide otherwise.

(2) In case of application of the fine in the form of days/fine, an increase of no more than a third of the special maximum may be applied while not exceeding the general maximum.

(3) When there are aggravating circumstances, for legal entities the penalty of the fine shall be applied up to the special maximum in Art.80 para.(2) or (3), which may be increased by one third.

Concurrence between aggravating and mitigating circumstances

Art.94 – (1) In case of concurrence of aggravating and mitigating circumstances, the court shall apply Art.92 or 93, depending on whether the mitigating or the aggravating circumstances are dominant. When mitigating circumstances are dominant, the aggravating circumstances shall be ignored, and if aggravating circumstances are dominant, the mitigating circumstances shall be ignored.

(2) In case of equivalence of these circumstances, a penalty shall be applied ignoring the aggravating or mitigating circumstances.

Section 3

Conditional suspension of the execution of the penalty applied to natural persons

Conditions for applying the conditional suspension

Art.95 – (1) The court can ordain the conditional suspension of penalty execution for a certain duration, if the following conditions are met:

a) the penalty applied for a delict is imprisonment of no more than 5 years or fine;

b) the perpetrator has not been previously convicted to a penalty of detention, except for cases when the conviction falls within the provisions of Art.53;

c) it is deemed that the purpose of the penalty can be attained even without its execution.

(2) Conditional suspension of penalty execution can be granted also for concurrence of offences, if the penalty applied is imprisonment of no more than 3 yearsand the conditions of para.(1) b) and c) are met.

(3) Conditional suspension of penalty execution does not entail the suspension of security measures and of civil obligations provided in the decision of conviction.

(4) Conditional suspension of penalty execution must be motivated.

Trial period

Art.96 – (1) The length of conditional suspension of penalty execution shall be a trial period for the convict and is made up of the quantum of the penalty of imprisonment applied, to which 2 years are added.

(2) If the penalty suspended consists of days/fine, the trial period shall be one year.

(3) The trial period shall be calculated from the date when the decision on suspension remained final.

Revocation in case of commission of an offence

Art.97– (1) If during the trial period the convict has committed a new offence, form which a final conviction has been handed down even after the expiry of this period, the court shall revoke conditional suspension, ordaining the full execution of the penalty.

(2) Revocation of conditional suspension shall not take place if the offence committed afterwards was discovered after expiry of the trial period.

(3) Should the ulterior offence have been committed in negligence, the conditional suspension can be applied again. In this case, revocation of the first suspension no longer takes place.

Revocation in case of failure to execute civil obligations

Art.98 – If by expiry of the trial period the convict has not fulfilled the civil obligations established in the convictional decision, the court can ordain revocation of suspension, except in cases when the convict proves that he/she was unable to fulfil those obligations.

Cancellation of suspension for offences committed previously

Art.99– (1) If it is discovered that the convict has committed an offence before the pronunciation of the decision ordaining suspension or by the time it stayed final, for which a penalty of detention was applied even after expiry of the trial period, conditional suspension shall be canceled, applying, according to case, the provisions on concurrence of offences or relapse.

(2) Cancellation of suspension shall not take place if the offence that could have incurred the cancellation was discovered after expiry of the trial period.

(3) In the cases provided in para.(1), if the penalty  emerging from the application of concurrence of offences or relapse does not exceed 3 years, the court can apply Art.95.

(4) When conditional suspension is ordained, the trial period shall be calculated from the date when the decision that previously pronounced the suspension remained final.

Rehabilitation in case of conditional suspension of penalty execution

Art.100 – The convict shall be rehabilitated de jure, if he/she has not committed a new crime during the trial period and the revocation has not been ordained according to Art.97 or Art.98.

Section 4

Supervised suspension of penalty execution applied to natural persons

Conditions for application of supervised suspension of penalty execution

Art.101– (1) The court can ordain the supervised suspension of penalty execution, if the following conditions are met:

a) the penalty applied for the delict is imprisonment of no more than 7 years;

b) the perpetrator has not been previously convicted to a penalty of detention or strict imprisonment or has been convicted to imprisonment of up to 2 years, except for cases when the conviction falls within the provisions of Art.53;

c) it is deemed that, judging by the convict’s person and behaviour after commission of the act, that the pronunciation of the conviction is a warning for him/her and, even without execution of the penalty, the convict will no longer commit offences.

(2) Supervised suspension of execution can be granted also for concurrence of offences, if the penalty applied is imprisonment of no more than 5 years and the conditions in para.(1) b) and c) are met.

(3) Supervised suspension does not entail the suspension of security measures and of civil obligations provided in the decision of conviction.

(4) Supervised suspension of penalty execution must be motivated.

Trial period

Art.102– (1) The trial period for supervised suspension is made up of the quantum of the penalty of imprisonment applied, to which 2 to 5 years are added, as decided by the court.

(2) Art.96 para.(3) shall apply accordingly.

Supervision measures and obligations of the convict

Art.103– (1) During the trial period, the convict must submit to the following supervision measures:

a) to present him/herself, at fixed intervals, before the judge designated to supervise him/her, before the service of social reinsertion and supervision or before other bodies established by the court;

b) to notify, beforehand, any change of domicile, residence or habitation and any departure for more than 8 days, as well as return;

c) to notify and justify changing the workplace;

d) to provide information for the control of his/her means of subsistence.

(2) The information in para.(1) b), c) and d) shall be notified to persons or bodies established in para.(1) a).

(3) The court can demand the convict to observe one or more of the following obligations:

a) to carry out an activity or to attend a course of education or qualification;

b) not to change domicile or residence or not to exceed the territorial limit established, except in the conditions established by the court;

c) not to frequent certain places established;

d) not to come into contact with certain persons;

e) not to drive a vehicle or certain vehicles;

f) to submit to measures of control, treatment or care, in particular for rehabilitation.

(4) Supervision of execution of the obligations established by the court according to para.(3) a)-f) shall be done by the bodies provided in para.(1) a) and the same bodies shall notify the court in case of failure to fulfil the obligations, so that measures be taken according to Art.104 para.(2).

Revocation of supervised suspension of execution of penalty

Art.104 – (1) Art.97 and Art.98 shall apply accordingly also for supervised suspension.

(2) Should the convict not comply with the measures of supervision provided in the law or with the obligations established by the court, it can revoke the supervised suspension ordaining the full execution of the penalty, or prolong the trial period by up to 3 years.

Cancellation of supervised suspension of execution

Art.105 – (1) Art.99 para.(1) and (2) shall apply accordingly also for supervised suspension

(2) In cases provided in Art.99 para.(1), if the penalty emerging from the application of concurrence of offences or relapse does not exceed 5 years, the court can apply Art.101.

(3) (4) When supervised suspension is ordained, the trial period shall be calculated from the date when the decision that previously pronounced the conditional suspension remained final.

Rehabilitation in case of supervised suspension of penalty execution

Art.106– The convict shall be rehabilitated de jure, if he/she has not committed a new crime during the trial period and the revocation has not been ordained according to Art.104.

Section 5

Supervised suspension of penalty execution with the convict’s obligation to perform community service

Supervised suspension of penalty execution with the convict’s obligation to perform community service

Art.107 – (1) In cases when the court ordains supervised suspension of penalty execution according to Art.101, it can establish the convict’s obligation to perform, during the trial period, a type of community service, for a duration of up to 300 hours, according to Art.70.

(2) Should the convict not carry out the community service or should he/she have inappropriate conduct during execution, by not fulfilling obligations or by fulfilling them in an inappropriate manner, the court can revoke the Supervised suspension of penalty execution and ordain execution of the penalty in full or the prolongation of the trial period by up to 3 years.

(3) Art.103-106 shall apply accordingly.

Section 6

Penalty non-application and postponement of application for natural persons

Penalty non-application

Art.108– For offences sanctioned with the penalty of imprisonment, the court may decide not to apply any penalty to a defendant with no criminal antecedents, who covered the damage caused and who showed clear signs of ability to correct his/her behaviour even without the application of the penalty.

Postponement of penalty application

Art.109 – (1) For offences for sanctioned by the law with imprisonment or strict imprisonment of up to 5 years, the court can, after establishment of the penalty, postpone its application, if the defendant has no criminal antecedents, has covered the damage caused or proves the possibility of covering it and is showing clear signs of ability to correct his/her behaviour even without the application of the penalty.

(2) In case the court postpones the application of the penalty, it shall appoint in the decision the date when it shall pronounce itself upon the penalty, which cannot exceed 2 years from the moment when the decision was uttered.

(3) The time interval between the moment of pronouncing the decision and the date appointed by the court according to para.(2) shall be a probation period for the defendant.

(4) During the probation period, the court can oblige the defendant to submit to measures of supervision and to observe one or more of the obligations in Art.103.

(5) If the defendant has had an appropriate conduct during the probation period, the court can decide not to apply any penalty, and if the defendant has had inappropriate conduct, the court can either postpone application once more for the same duration or apply the penalty provided in the law.

Section 7

Penalty calculation

Length of execution

Art.110 – (1) The length of execution for penalties of detention shall be established beginning with the day when the convict began execution of the final decision of conviction.

(2) The day when the penalty execution commences and the day it ceases shall be calculated as part of the length of execution.

(3) The time in which the convict, during penalty execution, is ill in a hospital, shall be considered a part of the length of execution, except for cases when the illness is deliberately self-inflicted, and this circumstance is found during the penalty execution.

Calculating detainment and preventive arrest

Art.111– (1) The time spent in detainment and preventive arrest shall be deducted from the duration of the penalty pronounced. Deduction shall be done also when the convict has been prosecuted or tried, at the same time or separately, for several concurrent offences, even if he/she was removed from prosecution, if the criminal prosecution has ended or he/she was acquitted or the criminal trial for the act that determined the detainment or preventive arrest has concluded.

(2) Deduction of detainment and preventive arrest shall be done also in case of conviction to days/fine, by wholly or partly removing the execution of days/fine.

Calculation of detention executed outside the country

Art.112 – For offences committed according to Art.11, 12 or 13, the part of the penalty, as well as the detainment or preventive arrest executed outside the country shall be deducted from the duration of the penalty applied for the same penalty by Romanian courts.

Title IV

Minority

Limits of criminal liability

Art.113 – (1) A minor under the age of 14 shall not be criminally liable.

(2) A minor aged from 14 to 16 shall be criminally liable, only if it is proven that he/she committed the act in discernment.

(3) A minor over the age of 16 shall be criminally liable within the framework of the system of sanctions applicable to minors.

Consequences of criminal liability

Art.114– (1) With regard to a minor who is criminally liable, one can take an educatory measure or can apply a penalty. In choosing the sanction, one shall take into account the seriousness of the act committed, the physical condition, the intellectual and moral development of the minor, his/her behaviour, the conditions in which he/she was raised and lived and any other elements likely to characterise the minor’s person.

(2) The penalty shall be applied to minors only if it is deemed that educatory measures would not be sufficient for correcting the minor’s behaviour.

Educatory measures

Art.115 – Educatory measures that can be taken with regard to minors shall be:

a) reprimand;

b) supervised freedom;

c) freedom under severe supervision;

d) admission into a re-education centre;

e) admission into a medical-educatory institute.

Reprimand

Art.116–  (1) The educatory measure of reprimand consists of scolding the minor, of showing him/her the degree of seriousness of the act committed, of advising the minor to behave in such a way as to show correction, while at the same time warning him/her than if he/she commits a new offence, a more severe measure shall be taken or a penalty shall be applied in his/her case.

(2) The measure of reprimand cannot be taken if the minor has come of age until the time of judgment. In this case instead of the educatory measure of reprimand the fine shall be ordained, in the form of days/fine from 5 to 10 days, each day being calculated from 50.000 to 100.000 lei or community service from 25 to 50 hours.

Supervised freedom

Art.117– (1) The educatory measure of supervised freedom consists of giving freedom to the minor for one year under supervision from the minor’s parents, from the person who adopted him/her or from the legal guardian. If they are unable to ensure satisfactory supervision, the court shall ordain the minor’s entrustment, for that period, to a trustworthy person, preferably a close relative, upon request from the latter.

(2) The court shall warn the person entrusted with supervision, that he/she has the duty to watch closely over the minor, in order to correct his/her behaviour. Also, he/she shall be warned that he/she is obliged to notify the court at once, should the minor elude supervision or commit a new offence.

(3) The court can demand that the minor observes one of the following obligations:

a) not to frequent certain places established;

b) not to come into contact with certain persons and, if he/she has been contacted by them, to announce it at once;

c) to attend scholastic courses in the general compulsory education;

d) to carry out an unremunerated activity in an institution of public interest decided by the court, from 50 to 100 hours, for no more than 3 hours per day, after school, and during holidays.

(4) The court shall warn the minor on the consequences of his/her behaviour.

(5) After taking the measure of supervised freedom, the court shall notify the school where the minor attended or the unit where he/she is hired and, the case being, the institution where he/she is carrying out the activity decided by the court.

(6) If during the time provided in para.(1) the minor eludes supervision or commits an offence, the court shall revoke supervised freedom and take with regard to the minor either the measure of freedom under severe supervision or the measure of admission into a re-education centre or apply a penalty.

(7) If the minor has come of age at the judgment date, instead of the educatory measure of supervised freedom, the fine in the form of days/fine shall be ordained, from 10 to 20 days, each day amounting from 50.000 to 200.000 lei or community service from 50 to 150 hours.

(8) The duration in para.(1) shall begin to flow at the date when execution of supervised freedom commences.

Freedom under severe supervision

Art.118 – (1) The educatory measure of freedom under severe supervision consists of giving freedom to the minor for one year to 3 years under supervision from an institution legally charged with supervising minors from the services for social reinsertion and supervision.

(2) Supervision can consist of including the minor in social reinsertion programs, as well as in granting him/her assistance and counselling. For the duration of severe supervision, the court can demand that the minor observes one or more of the obligations in Art.117 para.(3).

(3) Art.117 para.(2),(4) – (6) and (8) shall apply accordingly.

(4) If the minor has come of age at the judgment date, instead of the educatory measure of freedom under severe supervision, the fine in the form of days/fine shall be ordained, from 15 to 30 days, each day amounting from 50.000 to 300.000 lei or community service from 100 to 200 hours.

Admission into a re-education centre

Art.119 – (1) The educatory measure of admission into a re-education centre shall be ordained with regard to minors who, in relation to the seriousness of the act committed and with needs for re-education has the possibility of correcting even without a penalty being applied. During admission the minor shall be provided with the possibility of acquiring the necessary education and professional training according to his/her abilities.

(2) The measure shall be taken for an indeterminate period, nevertheless it can only last until the minor reaches the age of 18. Exceptionally, the educatory measure can last until the minor reaches the age of 20, if the minor has committed the act at an age close to that of 18 or if the seriousness of the act committed, the minor’s needs for re-education and the need to ensure continuity for the process of training the minor justify this.

(3) If during admission into a re-education centre the minor commits a new offence for which the court deems that a penalty of detention needs to be applied, it shall revoke admission and apply the penalty. If the court does not deem it necessary to apply the penalty, the measure of admission shall be maintained.

(4) If it is discovered, after pronunciation of a decision ordaining the minor’s admission into a re-education centre, that the minor had committed a concurrent offence for which the court deems that a penalty of detention needs to be applied, it shall revoke admission and apply the penalty. If the court does not deem it necessary to apply the penalty, the measure of admission shall be maintained.

(5) If it is discovered, after pronunciation of a decision ordaining the minor’s admission into a re-education centre, that the minor had been subject to a conviction to penalty of detention for a concurrent offence, admission into a re-education centre shall be revoked.

(6) If the minor has come of age at the judgment date, one can ordain admission into a re-education centre until the age of 20 or the replacement of the educatory measure with the fine in the form of days/fine from 20 to 50 days, each day equaling from 50.000 to 350.000 lei or community service from 100 to 300 hours.

Admission into a medical-educatory institute

Art.120– (1) The measure of admission into a medical-educatory institute shall be taken for minors who, because of their physical or mental condition, need medical treatment and a special treatment for education.

(2) The measure shall be taken for an indeterminate period, nevertheless it can only last until the minor reaches the age of 18.

(3) The measure can be removed also before reaching the age of 18, if the cause that called for it has disappeared. When ordaining the removal of the measure, the court can take the measure of admission into a re-education centre.

(4) Art.119 para.(3) shall apply accordingly.

(5) If the minor has come of age at the judgment date, one can ordain admission into a medical-educatory institute until the age of 20 or the replacement of the educatory measure with obligation to medical treatment and the fine in the form of days/fine from 10 to 20 days, each day equalling from 50.000 to 200.000 lei or community service from 50 to 150 hours.

Release of the minor before coming of age

Art.121 – (1) If at least a year has passed from the date of admission into a re-education centre and the minor has shown clear signs of improvement and correction, one can ordain his/her release before his/her coming of age.

(2) The one who become major during trial and the court has ordered admission in a re-education centre up to the age of 20 years may be released on parole after the execution of at least 1 year of this measure, if he proved he improved his behaviour.

Revocation of the minor’s release

Art.122– (1) If during release granted according to Art.121, the minor commits a new offence for which the law provides the penalty of imprisonment, the court can, taking into account the degree of seriousness, ordain either maintenance of the release, or its revocation and the application of a penalty. In case the application of a penalty is not necessary, only the release shall be revoked.

(2) If during release the minor commits a new offence for which the law provides the penalty of strict imprisonment, of severe detention or of life detention, the court shall revoke the release and apply a penalty. In case the application of a penalty is not necessary, only the release shall be revoked

Penalties for minors

Art.123– (1) Penalties applicable to minors shall be the following:

a) strict imprisonment from 5 to 15 years, when the law provides the penalty of life detention for the offence committed;

b) strict imprisonment from 3 to 12 years, when the law provides the penalty of severe detention for the offence committed;

c) strict imprisonment within the limits provided in the law for the offence committed reduced by half, when the law provides the penalty of strict imprisonment, while the minimum of strict imprisonment applicable to the minor shall not exceed 3 years;

d) imprisonment within the limits provided in the law for the offence committed reduced by half, when the law provides the penalty of imprisonment for the offence committed;

e) fine in the form of days/fine, from 5 to 180 days, each day equalling 50.000 to 500.000 lei;

f) community service, from 50 to 250 hours.

(2) Penalties applied to minors shall be executed according to the treatments established in the law on penalty execution.

(3) No complementary penalties shall apply to minors.

(4) Convictions uttered for acts committed during minority shall not incur any incapacity or loss.

Conditional suspension of execution of the penalty applied to minors

Art.124 – (1) In case of conditional suspension of execution of the penalty applied to minors, the trial period shall consist of the length of the penalty of imprisonment to which 6 months to 2 years are added, as the court ordains. If the penalty applied resides in fine, the trial period is 6 months.

(2) During the trial period, but only until reaching the age of 18, the court can ordain the entrustment of the minor to the supervision of a person of those in Art.117 or to an institution legally charged with supervising minors or to a social reinsertion and supervision service, according to Art.118. The court can also establish for the minor one or more of the obligations in Art.117para.(3), and after reaching the age of 18, the court can demand that the minor observes the supervision measures or the obligations in Art.103 and107.

(3) Art.95 para.(3), Art. 96 para.(3), Art. 97 and Art. 98shall apply accordingly.

(4) Should the minor elude the fulfilment of obligations in Art.117 para.(3), Art.103 and Art.107 this can incur revocation of the conditional suspension according to Art.104 para.(2) and Art.107 para.(2).

(5) In case of failure to comply with the measures of supervision or with the obligations set forth by the court, according to Art.103, Art.104para.(2) shall apply accordingly.

Supervised suspension of penalty execution applied to minors

Art.125 – (1) For supervised suspension of penalty applied to minors, the trial period shall consist of the length of the penalty of imprisonment to which one to 3 years are added, as the court ordains.

(2) For the duration of the trial period, the court can ordain the taking of any of the measures in Art.124 para.(2).

Non-application of penalty to minors

Art.126 – For offences sanctioned with the penalty of imprisonment or strict imprisonment of up to 2 years, the court may decide not to apply any penalty to a minor with no criminal antecedents, who covered the damage caused and who showed clear signs of ability to correct his/her behaviour even without the application of the penalty.

Postponement of application for penalties applied to minors

Art.127 – (1) For offences for sanctioned by the law with imprisonment or strict imprisonment of up to 5 years, the court can, after establishment of the penalty, postpone its application, if the minor has no criminal antecedents, has covered the damage caused or proves the possibility of covering it and is showing clear signs of ability to correct his/her behaviour even without the application of the penalty.

(2) In case the court postpones the application of the penalty, it shall appoint in the decision the date when it shall pronounce itself upon the penalty, which cannot exceed 2 years from the moment when the decision was uttered.

(3) The time interval between the moment of pronouncing the decision and the date appointed by the court according to para.(2) shall be a probation period for the minor.

(4) During the probation period, but only until reaching the age of 18, the court can ordain the entrustment of the minor to the supervision of a person of those in Art.117 or to an institution legally charged with supervising minors or to a social reinsertion and supervision service. The court can also establish for the minor one or more of the obligations in Art.117 para.(3).

(5) If the minor has had an appropriate conduct during the probation period, the court can decide not to apply any penalty, and if the minor has had inappropriate conduct, the court can either postpone application once more for the same duration or apply the penalty provided in the law.

Title V

Security measures

Chapter I

General provisions

Purpose of security measures

Art.128– (1) Security measures are aimed at overcoming a state of danger and preventing the commission of acts provided in criminal law.

(2) Security measures are taken with regard to persons who committed acts provided in criminal law.

(3) Security measures can be taken even if no penalty was applied to the perpetrator, except for the measure in Art.129d) and e).

Types of security measures

Art.129 – Security measures are:

a) obligation to undergo medical treatment;

b) admission into a medical facility;

c) prohibition to hold a certain office or to exercise a certain profession, a trade or another activity;

d) prohibition to be in certain towns or cities;

e) prohibition to return to the family home for a determinate period;

f) expulsion of foreigners;

g) special confiscation.

Chapter II

Regulations for security measures

Obligation to undergo medical treatment

Art.130 – (1) If the perpetrator, because of illness or chronic intoxication by alcohol, drugs or other such substances, represents a danger to society, he/she can be obliged to regularly attend medical treatment until he/she regains health.

(2) When the person with regard to whom this measure was ordained does not regularly attend treatment, hospitalisation can be ordained.

(3) If the person obliged to undergo treatment is sentenced to a penalty of detention, treatment shall be undergone during penalty execution also.

(4) The measure of obligation to undergo medical treatment can be taken provisionally also during criminal prosecution or trial.

Admission into a medical facility

Art.131– (1) When the perpetrator is mentally ill or a drug addict and he/she is in a state that represents danger to society, the measure of admission into a specialised medical institute can be taken, until the person regains health.

(2) This measure can be taken provisionally also during criminal prosecution or trial.

(3) The person hospitalised who leaves the institute without leave shall be obliged with support from police bodies to return to the institute, if the law does not provide otherwise.

Prohibition of exercising an office or a profession

Art.132 – (1) When the perpetrator has committed the act because of incapacity, lack of training or other reasons that make him/her unfit to hold a certain office, or to exercise a certain profession, trade or another activity, one can take the measure of prohibition to hold that office or to exercise that profession, trade or activity.

(2) This measure can be revoked by request, after a period of at least one year, if it is found that the reasons that called for it have ceased to exist. A new request cannot be made except after at least one year from the date of rejection of the previous request.

(3) The measure of prohibition of an office or profession can be taken provisionally also in the course of criminal prosecution or trial.

(4) This measure cannot be taken in the case of persons exercising an elected term, having responsibilities in a syndicate or as an employer or working in the press.

Prohibition to be in certain towns or cities

Art.133 – (1) If the court finds that the presence of a person convicted to detention of at least one year in the place where he/she has committed the offence or in other places is a serious danger to society, it can ordain the prohibition for the convict to be in that place or in other places specified by the decision of conviction.

(2) This measure can be taken for up to 5 years and can be prolonged if the danger that justified it has not disapeared. Prolongation cannot exceed the length of the initial measure.

(3) The security measure can be revoked by request or ex officio, after at least one year, if the grounds that called for it have disappeared. A new request cannot be made except after at least one year from the date of rejection of the previous request.

Prohibition to return to the family home for a determinate period

Art.134 – (1) If the court finds that the presence in the family home of the person convicted to detention of at least one year for beating or any other kind of violence causing physical or mental suffering or for corporal injury or for sexual intercourse and for sexual corruption, committed against family members, represents a serious danger for the other family members, it can take, with regard to this person, the measure of prohibition to return to the family home, upon request from the injured party.

(2) This measure can be taken for up to 2 years and it can be prolonged if the danger that justified the measure has not disappeared. Prolongation cannot exceed the duration of the initial measure.

(3) The measure can be taken provisionally also during criminal prosecution or trial.

(4) The injured party can request revocation of the measure in para.(1) at any time.

Expulsion

Art.135 – (1) A foreign citizen who has committed an offence can be forbidden to stay on Romanian territory.

(2) If expulsion is accompanying the penalty of detention, the accomplishment of expulsion shall take place after execution of the penalty.

(3) Cessation of the expulsion shall be pronounced by the court.

(4) Persons provided in the present Article shall not be expelled if there is a real danger of being sentenced to death or subjected to torture, inhuman or degrading treatment in the State to which they would be expelled or if they are married to Romanian citizens, have domicile and family in Romania, and the marriage is prior to commission of the act.

Special confiscation

Art.136– (1) The following are subject to special confiscation:

a) goods produced by or that acquired a different judicial statute by commission of an offence;

b) goods that have served or that were destined to serve in the commission of an offence, if they belong to the perpetrator or if belonging to another person who was aware of their usage. This measure cannot be ordained for offences committed through the press;

c) goods given away to determine the commission of an offence or to remunerate the perpetrator;

d) goods acquired through commission of the offence, if they are not returned to the person injured and to the extent that they do not serve to compensate the latter’s losses;

e) goods possessed in violation of legal provisions.

(2) If the goods subject to confiscation cannot be found, their equivalent in money or the goods acquired in their stead shall be confiscated.

(3) The court can decide not to ordain confiscation of the goods, if they are part of the perpetrator’s subsistence, daily necessities or serve in the exercise of profession.

Title VI

Causes that remove criminal liability

Effects of amnesty

Art.137 – (1) Amnesty removes criminal liability for the act committed. If it occurs after conviction, it removes also the execution of the penalty, as well as the other consequences of the conviction. The fine paid before amnesty is not returned.

(2) Amnesty does not affect security measures, educatory measures and rights of the injured person.

Prescription of criminal liability

Art.138 – (1)Prescription removes criminal liability.

(2) Prescription does not remove criminal liability for offences against humankind.

Terms of prescription for criminal liability

Art.139 – (1)The terms of prescription for criminal liability are:

a) 25 years, when the law provides life detention for the offence committed;

b) 20 years, when the law provides severe detention for the offence committed;

c) 15 years, when the law provides strict imprisonment for more than 10 years for the offence committed;

d) 10 years, when the law provides strict imprisonment of more than 5 years for the offence committed, while not exceeding 10 years;

e) 5 years, when the law provides strict imprisonment of one to 5 years for the offence committed;

f) 3 years, when the law provides imprisonment, fine in the form of days/fine or community service for the offence committed.

(2) Para.(1) e) shall apply also for penalties provided in the law for legal persons.

(3) The terms provided in the present article shall be computed from the date of commission of the offence. For continuous offences, the term starts at the date of termination of the action or inaction, and for continued offences, at the date of commission of the last action or inaction.

Interruption in the course of prescription

Art.140–  (1) The course of the term of prescription in Art.139 shall be interrupted by the accomplishment of any act that, according to the law, must be notified to the accused or defendant in the course of the criminal trial.

(2) After each interruption a new term of prescription begins.

(3) Interruption in the course of prescription causes effects with regard to all participants in the offence, even if the act of interruption concerns only some of them.

(4) The terms in Art.139, if they have been exceeded by one more half, shall be deemed completed regardless of how many interruptions, except when there is a criminal trial pending for the act committed.

Suspension in the course of prescription

Art.141– (1) The course of the prescription term in Art.139 is suspended whilst a legal order or an unforeseeable or irremovable circumstance is hindering the initiation of criminal action or the continuation of the criminal trial.

(2) Prescription shall resume its course in the day when the cause for suspension ceases to exist.

Terms of limitation of criminal liability for minors

Art.142 – Terms of limitation of criminal liability shall be reduced by half for those who, at the date of offence commission, were minors.

Lack of prior complaint

Art.143 – (1) In case of crimes for which the initiation of the criminal action is conditioned by the filling of a prior complaint from the injured person, the lack of such a complaint removes the criminal responsibility.

(2) Also, withdrawal of prior complaint removes the criminal responsibility.

(3) An act that injured several persons entails criminal responsibility regardless of whether the prior complaint was made or is being maintained only by one of these injured persons.

(4) An act shall entail criminal liability of all participants in its commission, even if the prior complaint was filed or is being maintained only with regard to one of them.

(5) If the injured is a person who lacks exercise capacity or has a limited exercise capacity, the court initiates the criminal trial.

Reconciliation of parties

Art.144 – (1) Reconciliation of the parties in cases provided by the law removes the criminal responsibility and ends the civil action also.

(2) Reconciliation is personal and produces consequences only if it occurs until the decision remains final.

(3) For persons with no exercise capacity, reconciliation is performed only by their legal representatives. Persons who have limited exercise capacity can be reconciled with the approval of the persons provided in the law. Reconciliation produces consequences also if the criminal trial began at the court’s initiative.

Title VII

Causes that remove penalty execution

Effects of pardon

Art.145– (1) Pardon totally or partially cancels the execution of the penalty or commutes this penalty with a lighter one.

(2) Pardon does not affect complementary penalties, except if the court decides otherwise in the pardon act.

(3) Pardon does no affect security and educatory measures, except when it is ordained otherwise in the pardon act.

(4) Pardon has effect also upon penalties that are conditionally suspended. In such case, the part of the rehabilitation term that represents the duration of the penalty pronounced by the court will be reduced accordingly. If the suspension of the execution is revoked or annulled, it will be executed only the part of the penalty which has been not pardoned.

Limitation of penalty execution

Art.146 – (1) Limitation removes the execution of the main penalty.

(2) Limitation does not remove the execution of main penalties for crimes against humankind.

Terms of limitation for penalty execution

Art.147 – (1) The limitation terms for penalty execution are:

a) 20 years, when the penalty to be executed is life detention or severe detention;

b) 5 years, plus the length of the penalty of detention to be executed, but not exceeding 15 years, for penalties of imprisonment;

c) 3 years, for the penalty of fine in the form of days/fine and for community service.

(2) Para.(1) c) shall apply accordingly also for penalties applied to legal entities.

(3) The terms in para.(1) shall be calculated from the date when the conviction decision has remained final.

(4) In case of revocation of conditional suspension of penalty execution or of revocation of supervised suspension, the term of limitation shall start at the date when the decision of revocation remained final.

(5) Security measures are not subject to limitation.

Terms of limitation for penalty execution in case of minors

Art.148 – Terms of limitation for penalty execution shall be reduced by half for those who were minors at the date of offence commission.

Interruption in the course of limitation of penalty execution

Art.149 – (1) The course of the limitation term for penalty execution is interrupted by commencement of the penalty execution. Elusion from execution, after commencement of penalty execution, causes a new limitation term to begin from the date of elusion.

(2) The course of the limitation term shall be interrupted also by the commission of a new offence.

Suspension in the course of limitation for penalty execution

Art.150 – (1) The course of the limitation term for penalty execution is suspended in the cases and conditions provided in the Criminal Procedure Code.

(2) Limitation resumes its course the day when the cause for suspension ceases to exist.

Title VIII

Causes that remove the consequences of conviction

Rehabilitation de jure

Art.151 – (1) Rehabilitation de jure occurs in case of conviction to fine in the form of days/fine, to community service or to imprisonment, if during 3 years the convict has not committed any new offences.

(2) Art.155 shall apply accordingly.

(3) Rehabilitation de jure can be found also by the law court. In this direction, the court shall check the meeting of requirements in para.(1), and then utter a decision on the findings

Rehabilitation by the court

Art.152 – (1) A convict can be rehabilitated, by request, by the law court:

a) in case of conviction to strict imprisonment, after 5 years, to which half of the penalty pronounced is added;

b) in case of conviction to severe detention or life detention commuted or replaced with the penalty of severe detention, after 7 years, to which half of the penalty pronounced is added;

c) in case of conviction to life detention considered executed because of pardon, expiry of the limitation term of penalty execution or of expiry of the term provided in the law for parole, after 20 years.

(2) The court can ordain, in exceptional cases, reduction of the terms provided in this Article.

(3) A convict who has deceased before meeting requirements for rehabilitation can be rehabilitated if the court, after evaluating the convict’s behaviour until his/her death, judges him/her worthy of this benefit.

Calculating the rehabilitation term

Art.153– (1) The terms in Art.152 and 153 are calculated starting with the date when the execution of main penalty was completed or when this execution was limited.

(2) For persons convicted to fine in the form of days/fine the term starts with the moment the fine was paid or its execution ceased in other way.

(3) In case of total pardon or pardon of the rest of the penalty, the term starts with the date of the pardon act, if at that date the decision of conviction was final and with the date when the decision of conviction remained final, if the pardon act refers to offences pending.

Conditions of rehabilitation by the court

Art.154– (1)Requests for rehabilitation by the court are admitted if the convict meets the following requirements:

a) has not been convicted again during the interval provided in Article 152;

b) is able to provide for him/herself through work or other honest means, as well as the case when the convict has the age for retirement or is unable to work;

c) he/she has had good conduct;

d) he/she has paid in full the court expenses and civil compensations he was subject to, with exception for the case the injured party dropped the compensations, or when the court finds that the convict has regularly fulfilled the obligations regarding the civil provisions in the conviction decision.

(2) When the court finds that the requirement in para. (1) (d) is not accomplished, but this is not because of the convict’s ill will, the court can ordain rehabilitation.

Effects of  rehabilitation de jure and by the court

Art.155 – (1) Rehabilitation entails termination of declines and interdictions, as well as of incapacity resulting from conviction.

(2) Rehabilitation does not result in the obligation of reintegration the criminal in the position where he was before conviction or the obligation of rejoining the perpetrator to the permanent army forces or of restoring the lost military rank.

(3) Also, rehabilitation does not affect the security measures, except those in Art.129 d) and  e).

Renewal of request for rehabilitation by the court

Art.156 – (1) In case of rejection of the rehabilitation request, a new request can be filed only after 3 years, in case of conviction to severe detention and after 2 years in case of conviction to strict imprisonment, these terms starting at rejection date.

(2) The requirements mentioned in Art.154 must be met also for the time interval that preceded the new request.

(3) A request rejected because of failure to meet formal conditions can be renewed according to the Criminal Procedure Code.

Canceling rehabilitation

Art.157 – Rehabilitation by the court shall be cancelled when, after granting it, it is discovered that the person rehabilitated had been previously convicted and, had this been known, the request for rehabilitation would have been rejected.

Title IX

Meaning of certain terms or phrases in the criminal law

Commission of an offence

Art.158 – “Commission of an offence” or “perpetration of an offence” shall mean the commission of any of the acts punished by the law as offences or attempts, as well as their commission as an author or participation in their commission as an instigator or accomplice.

Romanian citizen and foreign citizen

Art.154 – (1) A person who, at the date of offence commission, had acquired Romanian citizenship is a Romanian citizen.

(2) A foreign citizen is a person who, at the date of offence commission had not acquired Romanian citizenship or had no citizenship regardless of whether he/she was domiciling in Romania or abroad.

Public

Art.159– The term  “public” means all that concerns public authorities, public institutions or other legal entities of public law.

Extremely serious consequences

Art.160– “Very serious consequences” means a material prejudice exceeding 3.000.000.000 lei or a particularly serious disturbance in activity, inflicted upon one of the units referred to in Art.159, or to another legal entity or natural person.

Public official

Art.161– “Public official” means any person exercising, either permanently or temporarily, a charge of any kind, at the service of one of the units in Art.159.

Employee

Art.162 – An employee is any person exercising a charge at the service of a legal entity of private law.

Person exercising a service of public interest

Art.163 – (1) A person exercising a service of public interest is any private person exercising a profession of public interest,for which a special qualification is necessary from public authorities and who is subject to their control.

(2) Private persons exercising a declared service of public interest according to the law have the same condition.

Close relatives

Art.164– (1) “Close relatives” are ascendants and descendants, brothers and sisters, their children, as well as persons who gained this statute through adoption, according to the law.

(2) Provisions in the criminal law with regard to close relatives, within the limits of para.(1), shall be applied in case of adoption, both for the adopted person, as well as for his/her descendants and with regard to the natural relatives.

Family member

Art.165 – “Family member” means the spouse or the close relative, if living and sharing a household with the perpetrator.

State secret information and other official documents

Art.166 – (1) “State secret information” is the information classified as such by the competent authorities, according to the law.

(2) “Official document” is any document issued by a unit in Art.155 or belonging to such a unit.

Weapons

Art.167– (1) “Weapons” are spare parts, instruments or devices declared as such by legal stipulations.

(2) Any other objects likely to be used as weapons and that have been used for attack are equated with weapons.

Act committed in public

Art.168 – An act is committed “in public” when it has been committed:

a) in a place that, by its nature or destination, is always accessible to the public, even if there is no person present;

b) in any other place accessible to the public, if two or more persons are present;

c) in a place not accessible to the public, but with the intent of the act being heard or seen and if this result was produced with regard to two or more persons;

d) in a gathering or reunion of several persons except reunions that can be judged as family reunions, because of the relations between the persons partaking in them.

Wartime

Art.169 – “Wartime” is the period starting when mobilisation is declared or when war operations begin and ending with the date when the army enters the state of peace.

Calculation of time

Art.170– In the calculation of time, days are calculated with 24 hours and weeks with 7 days. Months and years are considered completed one day before the day that corresponds to the date when they started.

Penalty provided in the law

Art.171– “Penalty provided in the law” means the penalty provided in the law text that incriminates the act, without taking into account causes of penalty reduction or increase.

The Special Part

Title I

Crimes and delicts against persons

Chapter I

Crimes against humankind

Genocide

Art.172 – (1) The commission of one of the following acts in order to completely or partly destroy a community or a national, ethnic, racial or religious group:

a) killing of the members of the community or group;

b) serious infringement upon the physical or mental integrity of the members of the community or group;

c) subjection of the community or group to living conditions or treatment likely to lead to physical destruction;

d) taking measures tending to hinder births in the community or group;

e) forced transfer of children belonging to a community or group into another community or group,

shall be punished by life detention or severe detention from 15 to 25 years and the prohibition of certain rights.

(2) Agreement in order to commit the offence of genocide shall be punished by severe detention from 15 to 20 years and the prohibition of certain rights.

Inhuman treatment

Art.173 – (1)Subjection of injured or diseased persons, of members of the civil health personnel or of the personnel of the Red Cross or of organisations equated to it, of castaways, prisoners of war and in general of any other person fallen into the enemy’s powers to inhuman treatment, or to medical or scientific experiments not justified by a medical treatment in their best interest, shall be punished by severe detention from 15 to 20 yearsand the prohibition of certain rights.

(2) The same penalty shall also sanction the commission with regard to the persons in para.(1) of one of the following acts:

a) coercion to serve in the enemy’s armed forces;

b) taking hostages;

c) deportation;

d) dislocation or deprivation of freedom with no legal grounds;

e) conviction or execution without prior judgment by  a court founded legally and that judged the case in observance of the fundamental judicial safeguards provided in the law.

(3) Torture, mutilation or extermination of persons in para.(1) shall be punished by life detention or by severe detention from 15 to 25 years and the prohibition of certain rights.

Crimes against humankind committed in wartime

Art.174 – Acts in Art.172 and Art.173 committed in wartime shall be punished by life detention.

Other crimes against humankind

Art.175 – (1) Commission, during a generalised or systematic attack launched against the civil population, of any of the following acts:

a) homicide;

b) severe infringement upon physical integrity or physical or mental health;

c) extermination;

d) subjection to slavery;

e) deportation or forced transfer of population;

f) deprivation of freedom, without prior judgment by  a court founded legally and that judged the case in observance of the fundamental judicial safeguards provided in the law;

g) torture;

h) rape, forced prostitution, forced pregnancy, forced sterilisation or any other form of sexual violence;

i) discrimination of any group or any community for political, racial, national, ethnic, cultural, religious or sexual reasons;

j) forced disappearances of persons,

shall be punished by life detention or by severe detention from 15 to 25 years and the prohibition of certain rights.

(2) The same penalty shall sanction also the detonation of nuclear weapons or of any kind of nuclear explosive device.

Exclusion of any justifying causes

Art.176 – In case of offences in the present chapter, any exceptional circumstance, be it war or threat with war, political instability or any other exceptional situation shall not be justifying cause; also, the order of the law and the command of the legitimate authority shall not be justifying causes.

Sanctions for attempt

Art.177 – Attempt to the crimes in this chapter shall be sanctioned by the penalty provided for the offence when it took place or by a penalty within the limits immediately inferior to the penalty provided in the law for the offences when it took place.

Chapter II

Crimes and delicts against the life of persons

Homicide

Art.178 – Homicide of a person shall be punished by severe detention from 15 to 25 years and the prohibition of certain rights.

First degree homicide

Art.179 – Homicide committed in one of the following circumstances:

a) with premeditation;

b) against the spouse or a close relative;

c) against a minor under the age of 15;

d) taking advantage of the victim’s incapacity for defence;

e) against a pregnant woman;

f) by means of cruelties;

g) against two or more persons;

h) in order to commit or to conceal the commission of a robbery or piracy;

i) in connection to the fulfilment of service or public duties of the victim;

shall be punished by life detention or severe detention from 15 to 25 years and the prohibition of certain rights.

Infanticide

Art.180 – The killing of a newborn infant, committed immediately after birth by the mother who is in a state of confusion caused by birth, shall be punished by strict imprisonmentfrom 2 to 7 years.

Homicide by negligence

Art.181 – (1) The homicide of a person by negligence shall be punished by strict imprisonmentfrom 1 to 5 years.

(2) Homicide by negligence because of failing to observe legal provisions or precaution measures for the exercise of a profession or a trade, or by carrying out a certain activity shall be punished by strict imprisonmentfrom 2 to 7 years.

(3) When homicide by negligence is committed by a person driving a vehicle with mechanical traction, with a level of alcohol concentration in the blood that exceeded the legal limits or who was inebriated by alcohol or was under the influence of narcotics or other toxic substances, the penalty shall be strict imprisonmentfrom 5 to 12 years.

(4) The same penalty shall sanction also the homicide by negligence committed by any other person in the exercise of his/her profession or trade and who is inebriated by alcohol or is under the influence of narcotics or other toxic substances.

(5) If the act committed caused the death of two or more persons, the penalty shall be strict imprisonment from 7 to 15 years.

(6) If the act by which homicide by negligence was produced is in itself an offence, the rules for concurrence of offences shall apply.

Determining or facilitating suicide

Art.182 – (1) The act of determining or facilitating a person’s suicide, if the suicide or attempt to suicide took place, shall be punished by strict imprisonmentfrom 2 to 7 years.

(2) When the act in para.(1) was committed against a minor or against a person unaware of his/her act, or who was not in control of his/her actions, the penalty shall be strict imprisonmentfrom 3 to 10 years.

Sanctions for attempt

Art.183 – Attempt to commit the crimes in Art.178 and Art.179 shall be sanctioned by the penalty provided for the offence when it took place or by a penalty within the immediately inferior limits of the penalty provided in the law for the offence when it took place.

Sanctioning legal entities

Art.180 – Legal entities shall be sanctioned for the offence provided in Art.181 para.(2).

Chapter III

Delicts against the corporal integrity and health of persons

Hitting or other forms of violence

Art.185 – (1) Hitting or any other act of violence causing physical suffering shall be punished by imprisonment from one month to 3 months or by days-fine.

(2) Acts in para.(1) committed against family members shall be punished by imprisonment from 6 months to one year or by days/fine.

(3) Hitting or acts of violence that caused an injury needing medical care of up to 20 days shall be punished by imprisonment from 6 months to one yearor by days/fine.

(4) Acts in para.(3) committed against family members shall be punished by strict imprisonmentfrom oneto 2 years or by days/fine.

(5) Criminal action is initiated upon prior complaint of the person injured. For acts in para.(2) and (4) criminal action can also be initiated ex officio.

(6) Reconciliation of parties removes criminal liability, and it has effects also in case the criminal action was initiated ex officio.

Corporal injury

Art.186 – (1) Acts causing to corporal integrity or health an injury needing medical care of up to 60 days shall be punished by strict imprisonmentfrom one to 5 years.

(2) The act provided in para.(1) committed against family members shall be punished by strict imprisonmentfrom oneto 6 years.

(3) Criminal action is initiated upon prior complaint of the person injured. For acts in para.(2) criminal action can also be initiated ex officio.

(4) Reconciliation of parties removes criminal liability, and it has effects also in case the criminal action was initiated ex officio.

Serious corporal injury

Art.187 – (1) Acts causing to corporal integrity or health an injury needing medical care of more than 60 days shall be punished by strict imprisonmentfrom 2 to 7 years.

(2) If the act caused one or more of the following consequences: loss of a sense or of an organ, cessation of their operation, a permanent physical or mental disability, mutilation, abortion or jeopardy on the person’s life, the penalty shall be strict imprisonmentfrom 2 to 10 years.

(3) When the act has been committed in order to cause the consequences in para.(1) and (2), the penalty shall be strict imprisonment from 3 to 12 years.

Hitting or injury causing death

Art.188 – Should one of the acts in Art.185-187 result in the victim’s death, the penalty shall be strict imprisonmentfrom 5 to 15 years and the prohibition of certain rights.

Corporal injury by negligence

Art.189 – (1) Acts provided in Art.185 para.(3) causing to corporal integrity or health an injury needing medical care of more than 10 days, as well as the ones provided in Art.186, committed by negligence, shall be punished by imprisonment from one month to 3 months or by days/fine.

(2) Should the act have one of the consequences in Art.187 para.(1) or (2) the penalty shall be imprisonment from 3 months to one year or days/fine.

(3) When commission of the act in para.(1) is the result of non-abidance by legal provisions or precaution measures for the exercise of a profession or trade, or for the accomplishment of a certain activity, the penalty shall be imprisonment from 6 months to one year or days/fine.

(4) The act in para.(2), if it is the result of non-abidance by legal provisions or precaution measures in para.(3), shall be punished by strict imprisonment from one to 3 years or days/fine.

(5) Should the acts in para.(3) and (4) be committed by an inebriated person, the penalty shall be strict imprisonment from one to 3 years or days/fine, for para.(3), and strict imprisonment from one to 5 years, for para.(4).

(6) For acts in para.(1)-(4), criminal action is initiated upon prior complaint by the person injured. Reconciliation of parties removes criminal liability.

Abortion

Art.190 – (1) The act of interrupting the course of pregnancy, by any means, committed in one of the following circumstances:

a)  outside medical institutions or medical offices authorised for this purpose;

b) by a person who is not a specialised physician;

c) if the age of the embryo has exceeded fourteen weeks;

shall be punished by imprisonment from 6 months to one year or by days/fine.

(2) Interruption in the course of pregnancy, committed in any conditions, without the pregnant woman’s consent, shall be punished by strict imprisonmentfrom 2 to 7 years and the prohibition of certain rights.

(3) If the acts in para.(1) and (2) caused the pregnant woman a serious corporal injury, the penalty shall be strict imprisonmentfrom 3 to 10 years and the prohibition of certain rights, and if the act resulted in the pregnant woman’s death, the penalty shall be strict imprisonment from 5 to 15 yearsand the prohibition of certain rights.

(4) If the act provided in para.(2) or (3) has been committed by the physician, the penalty of imprisonment shall be supplemented by the prohibition to exercise the profession of physician, according to Art.75 para.(1) lett. c).

(5) Interruption in the course of the pregnancy by a physician shall not be punished in the following situations:

a) if interruption in the course of pregnancy was necessary in order to save the pregnant woman’s life, health or corporal integrity, from serious and imminent danger that could not have been otherwise removed;

b) in the case in para.(1) c), when interruption in the course of pregnancy was called for by therapeutic reasons, according to legal provisions;

c) in the case in para.(2) when the pregnant woman  was unable to express her will, and the interruption was called for by therapeutic reasons, according to legal provisions.

Sanctions for attempt

Art.191 – Attempt to the delictsin Art.187 para.(3) and Art.101 para.(2) is punishable.

Sanctions for legal entities

Art.192 – A legal personshall be sanctioned for the offences provided in Art.189 para.(3) and (4).

Chapter IV

Crimes and delicts of genetic manipulation

Genotype alteration

Art.193 – Alteration of the human genotype in full knowledge, by any means, shall be punished by strict imprisonment from 2 to 5 years.

Dangerous use of genetic engineering

Art.194 – The use of genetic engineering to produce biological weapons or weapons of mass destruction, shall be punished by severe detention from 15 to 25 years and the prohibition of certain rights.

Illegal creation of human embryos and cloning

Art.195 – (1) Creation of human embryos in other purposes than procreation shall be punished by strict imprisonment from 3 to 10 years and the prohibition of certain rights.

(2) The same penalty shall sanction also the creation of a human being genetically identical to another human being either living or dead, by cloning.

Sanctions for attempt

Art.196 – Attempt to the delicts in Art.195 is punishable.

Sanctions for legal entities

Art.197 – A legal entity shall be sanctioned for the offences in the present chapter.

Chapter V

Delicts jeopardising the life, corporal integrity and health of persons

Jeopardising a person unable to look after him/herself

Art.198 – (1) The act of abandoning, sending away or leaving helpless a child or a person unable to look after him/herself, in any way, committed by the person charged with his/her supervision/care, placing his/her life, health or corporal integrity in imminent danger, shall be punished by strict imprisonment from one to 3 years or by days/fine.

(2) Persons who resume their duties at their will after commission of the offence shall not be punished.

Leaving persons helpless

Art.199 – Failure to give the help necessary or to notify the authorities, committed by one who has found a person whose life, health or corporal integrity is in jeopardy and who is deprived of the power to save him/herself, shall be punished by imprisonment from one month to one year or by days/fine.

Leaving persons helpless by failure to notify

Art.200 – Failure to notify the authorities committed by one who finds a person abandoned or lost, who needs help, his/her life, health or physical integrity being in jeopardy, shall be punished by imprisonment from one month to 6 months or by days/fine.

Chapter VI

Crimes and delicts against the freedom of persons

Illegal deprivation of freedom

Art.201 – (1) Illegal deprivation of freedom against a person shall be punished by strict imprisonmentfrom 3 to 10 years.

(2) If the act is committed in one of the following circumstances:

a) by simulating official qualities;

b) by abduction;

c) by a person who is armed;

d) by two or more persons together;

e) if in exchange for release a material or any other benefit is demanded;

f) if the victim is a minor,

g) if the victim is subjected to suffering or his/her health or life is endangered,

the penalty shall be strict imprisonment from 7 to 15 years.

(3) If for the person’s release it is demanded, in any way, that the State, a natural or legal person, an international or intergovernmental organisation or a group of persons should accomplish or should not accomplish a certain act, the penalty shall be severe detention from 15 to 20 years.

(4) If the act resulted in the victim’s death or suicide, the penalty shall be severe detention from 15 to 25 years.

Slavery

Art.202 – Placing or keeping a person in slavery, as well as trafficking in slaves, shall be punished by strict imprisonmentfrom 3 to 10 years and the prohibition of certain rights.

Subjection to forced or obligatory labour

Art.203 – The act of subjecting a person, in other cases than those provided in the law, to any kind of labour against his/her will or to any kind of obligatory labour, shall be punished by strict imprisonment from one to 3 years.

Trafficking in adult persons

Art.204 – (1) The act of recruiting, conveying, transferring, lodging or taking over a person by threat or by other forms of coercion, by abduction, fraud or deceit, abuse of authority or taking advantage of the person’s inability to defend him/herself and to express his/her will, or by giving, accepting or receiving money or other benefits in order to obtain consent from the person having authority over another person in order to exploit that person, shall be punished by strict imprisonmentfrom 3 to 12 years and the prohibition of certain rights.

(2) The penalty shall be severe detention from 15 to 20 years and the prohibition of certain rights, if:

a) the act has been committed by two or more persons together;

b) if the victim suffered serious injury of corporal integrity or health;

c) the act produced significant material benefits.

(3) If the act resulted in the victim’s death or suicide, the penalty shall be severe detention from 15 to 25 years and the prohibition of certain rights.

(4) The penalty para.(1) shall also sanction the act of determining or allowing, in full knowledge, either directly or indirectly, the entrance or stay on Romanian territory of a person who is not a Romanian citizen or does not domicile in Romania, and who is a victim of trafficking in persons, committed in one of the following circumstances:

a) by using fraudulent means, violence, threats or any other form of coercion against the victim;

b) by abusing the special condition of the victim, because of his/her illegal or poor situation of entrance or stay in the country, or because of pregnancy, disease or disability or a physical or mental disability.

(5) If the act in para.(4) is committed repeatedly, the special maximum of the penalty shall be increased by 2 years.

Trafficking in minors

Art.205 – (1)The act of recruiting, conveying, transferring, lodging or taking over a person aged 15 to 18 in order to exploit that person, shall be punished by strict imprisonmentfrom 3 to 12 years and the prohibition of certain rights.

(2) The penalty shall be severe detention from 15 to 20 years and the prohibition of certain rights, if:

a) the act has been committed against a person under the age of 15;

b) the act has been committed by threat, violence or other forms of coercion, by abduction, fraud or deceit, by abuse of authority or taking advantage of the minor’s inability for defence or to express will, or by giving, accepting or receiving money or other benefits to receive consent from the person having authority over the minor;

c) the act has been committed by two or more persons together;

d) the victim suffered serious injury of corporal integrity or health;

e) the act produced significant material benefits.

(3) If the act resulted in the victim’s death or suicide, the penalty shall be life detention or severe detention from 15 to 25 years and the prohibition of certain rights.

The victim’s consent

Art.206 – (1) For offences in Art.204 and Art.205, the victim’s consent is not a justifying cause.

Defining the exploitation of a person

Art.207  - (1) For the purposes of Art.204 and Art.205, a person’s exploitation means:

a) the execution of labour or the performance of services, in a forced manner, while transgressing the legal norms concerning working conditions, remuneration, health and security;

b) maintenance in slavery or other similar means of deprivation of freedom or subjection;

c) obligation to practice prostitution, to pornographic performance in order to produce or disseminate pornographic material or other forms of sexual exploitation;

d) obligation to practice begging;

e) extraction of organs.

Violation of domicile or premises

Art.208 – (1) The act of penetrating, without right, in any manner, into a home, room, an outbuilding or a enclosed space annexed to these, without consent of the person using them, or refusal to leave them at the latter’s request, shall be punished by strict imprisonment from one to 5 years.

(2) The penalty in para.(1) shall sanction also penetration without right into premises of central and local public authorities, public institutions, political parties or into the place where a natural or legal person carries out activity.

(3) If the act in para.(1) or (2) is committed by armed person, by two or more persons together, at night or by use of deceitful qualities, the penalty shall be strict imprisonment from 3 to 10 years.

(4) For the act in para.(1), criminal action is initiated upon prior request from the injured person. Reconciliation of parties removes criminal liability.

Violation of the right to a private life

Art.209 – (1) Violation of a person’s right to a private life by using means of remote interception for data, information, image or sound from the places in Art.209 para.(1), without consent of the person using them or without permission of the law, shall be punished by strict imprisonmentfrom one to 3 years or by days/fine.

(2)The taking of photographs or filming from public places the exterior of a dwelling or holyday dwelling, belonging to any person, does not constitute an offence.

(3) Criminal action is initiated upon prior complaint from the injured person. Reconciliation of parties removes criminal liability.

Threat

Art.210 – (1) The act of threatening a person with the commission of an offence or of a damaging act against him-her, his-her spouse or a close relative, if it is likely alarm this person, shall be punished by imprisonment from 6 months to one year or by days/fine, while the penalty applied cannot exceed the sanction provided in the law for the offence that was the object of the threat.

(2) Criminal action is initiated upon prior complaint from the injured person. Reconciliation of parties removes criminal liability.

Blackmail

Art.211 – (1) Coercion of a person by violence or threat, to give, to do, or not to do or to suffer something, if the act is committed in order to obtain an unlawful benefit, for oneself or for another, shall be punished by strict imprisonment from one to 5 years.

(2) When coercion resides in threat with revealing a real or invented act, which is likely to compromise the person threatened, his/her spouse or a close relative, the penalty shall be strict imprisonmentfrom 2 to 7 years.

Violation of postal secrecy

Art.212 – (1) The act of opening postal communications addressed to another person or to listen to a communication by telephone, telegraph or by other means of remote transmission, without right, shall be punished by strict imprisonment from one to 3 years or by days/fine.

(2) The same penalty shall also sanction the theft, destruction or detainment of a postal communication, as well as the act of revealing the contents of a postal communication, even when it was sent open or it was opened by mistake, or revealing the contents of an intercepted conversation or communication, even if the perpetrator listened to it by mistake or by accident.

(3) Criminal action is initiated upon prior complaint from the injured person. Reconciliation of parties removes criminal liability.

Use of devices to intercept communications

Art.213 – The act of installing, using, manufacturing or selling, without right, technical means designed for interception or hindrance of communications, shall be punished by strict imprisonment from 2 to 7 years.

Disclosure of professional secrecy

Art.214 – (1) The disclosure, without right, of data by the person to whom they were entrusted, or which he/she learned by virtue of profession or office, if the act is likely to cause prejudice to a person, shall be punished by imprisonment from 3 months to one year or by days/fine.

(2) Use or disclosure for other purposes than those provided in the law of documents or information under professional secrecy, by the person who received them or who took cognizance of them during the accomplishment of service attributions or in connection to his/her work, shall be punished by strict imprisonment from one to 3 years.

(3) Criminal action in para. (1) is initiated upon prior complaint from the injured person. Reconciliation of parties removes criminal liability.

Sanctions for attempt

Art.215 – (1) Attempt to the delicts in Art.201 para.(1) and (2), Art.202, Art.204 para.(1) and (4) and Art.205 para.(1) is punishable.

(2) The manufacture or acquisition of the means, devices or taking the measures in order to commit the crime in Art.201 para.(3) is an attempt.

Sanctions for legal entities

Art.216 – Legal entities shall be sanctioned for the offences in Art.201-205 and Art.211-213.

Chapter VII

Crimes and delicts against sexual freedom

Rape

Art.217 – (1) Sexual intercourse, of any kind, with a person of the opposite sex or of the same sex, by coercion of this person or taking advantage of the person’s inability for defence or to express will, shall be punished by strict imprisonment from 3 to 10 years and the prohibition of certain rights.

(2) The penalty shall be severe detention from 15 to 20 years and the prohibition of certain rights, if:

a) the act has been committed by two or more persons together;

b) the victim is under the care, protection, education, guard or treatment of the perpetrator;

c) the victim is a family member;

d) the victim is a minor under the age of 15;

e) the victim suffered serious injury of corporal integrity or health.

(3) If the act resulted in the victim’s death or suicide, the penalty shall be severe detention from 15 to 25 years and the prohibition of certain rights.

(4) Criminal action for the act provided in para.(1) is initiated upon prior complaint by the person injured.

Sexual intercourse with a minor

Art.218 – (1) Sexual intercourse, of any nature, with a person of the other sex or of the same sex, who has not reached the age of 15, shall be punished by strict imprisonment from 3 to 10 years and the prohibition of certain rights.

(2) This penalty shall also be applied to sanction sexual intercourse, of any nature, with a person of the opposite sex or of the same sex aged between 15 and 18 years, if the act is committed by the person’s tutor or guardian or by his or her supervisor, by the person in charge of his/her care, by the person’s physician, teacher, professor or educator, while taking advantage of his/her quality, or if the perpetrator has abused the victim’s confidence or his/her own authority or influence over the victim.

(3) If the sexual intercourse, of any nature, with a person of the opposite sex or of the same sex, who has not reached the age of 18, was determined by the perpetrator’s offering or giving the victim money or other benefits, directly or indirectly, the penalty shall be strict imprisonment from 3 to 12 years and the prohibition of certain rights.

(4) If the acts stipulated in para.(1)-(3) were committed to the purpose of producing pornographic material, the penalty shall be strict imprisonment from 5 to 15 years and the prohibition of certain rights, and if for the accomplishment of such a purpose coercion was used, the penalty shall be severe detention from 15 to 20 years and the prohibition of certain rights.

(5) When the deed in para.(1) has been committed in the circumstances provided in Art.217 para.(2) b) if the acts in para.(1)-(4) have had the consequences provided in Art.217 para.(2) e), the penalty shall be severe detention from 15 to 20 years and the prohibition of certain rights.

(6) If the act resulted in the victim’s death or suicide, the penalty shall be severe detention from 15 to 25 years and the prohibition of certain rights.

Seduction

Art.219 – (1) The act of one who, through promises of marriage, determines a female person under the age of 16 to have sexual intercourse with him/her, shall be punished by strict imprisonment from one to 5 years.

(2) Reconciliation of parties removes criminal liability.

Sexual perversion

Art.220 – (1) Acts of sexual perversion committed in public shall be punished by strict imprisonment from one to 5 years.

(2) Acts of sexual perversion involving a person under the age of 15 shall be punished by strict imprisonment from 3 to 10 years and the prohibition of certain rights.

(3) The same penalty shall sanction also acts of sexual perversion involving a person aged 15 to 18, if the act is committed by the guardian or curator, or by the person charged with his/her supervision or care, by the physician, teacher/professor or educator, using his/her quality, or if the perpetrator abused the victim’s confidence or his/her authority or influence over him/her.

(4) If the acts of sexual perversion with a person under the age of 18 were determined by the perpetrator’s offering or giving the victim money or other benefits, directly or indirectly, the penalty shall be strict imprisonment from 3 to 12 years and the prohibition of certain rights.

(5) If the acts in para.(2), (3) and (4) were committed for the production of pornographic material, the penalty shall be strict imprisonment from 5 to 15 years and the prohibition of certain rights, and if for this purpose coercion was used, the penalty shall be severe detention from 15 to 20 years and the prohibition of certain rights.

(6) Acts of sexual perversion involving a person unable to defend him/herself or to express will or by coercion, shall be punished by strict imprisonment from 3 to 10 years and the prohibition of certain rights.

(7) If the acts in para.(1)-(6) have resulted in the victim’s death or suicide the penalty shall be severe detention from 15 to 25 years and the prohibition of certain rights.

Sexual corruption

Art.221 – (1) Acts of an obscene nature committed against minors or in the presence of a minor shall be punished by strict imprisonment from one to 5 years.

(2) When the acts in para.(1) are committed in the family, the penalty shall be strict imprisonment from 2 to 7 years.

(3) If the acts in para.(1) and (2) were committed to produce pornographic material, the special maximum of the penalty shall be increased by 2 years.

(4) The act of alluring a person in order to commit sexual intercourse with a minor of the opposite sex or of the same sex shall be punished by strict imprisonment from one to 5 years.

Incest

Art.222 – Sexual intercourse between persons directly related or between siblings shall be punished by strict imprisonment from 2 to 7 years.

Sexual harassment

Art.223 – (1)The act of harassing a person by threat or coercion in order to obtain sexual satisfaction, committed by a person abusing his/her quality or the influence provided by the office held at the workplace, shall be punished by imprisonment from 3 months to one year or by days/fine.

(2) Criminal action is initiated upon prior complaint from the injured person. Reconciliation of parties removes criminal liability.

Sanctions for attempt

Art.224 – Attempt to commit the delicts in Art.217 para.(1), Art.218 para.(1)-(4), Art.220 para.(1)-(6), Art.221 and Art.222 is punishable.

Chapter VIII

Delicts against dignity

Slander

Art.225 – (1) Stating or imputing in public, by any means, a specific action regarding a person, which, if real, would expose that person to a criminal, administrative or disciplinary sanction or to public disgrace, shall be punished by days/fine from 10 to 20 days.

(2) Criminal action is initiated upon prior complaint from the injured person. Reconciliation of parties removes criminal liability.

Proof of truthfulness or of good faith

Art.226 – (1) An act with regard to which the proof of truthfulness was brought or with regard to which the perpetrator proves that he/she had reasonable grounds to believe that it was true shall not be slander.

(2) For acts concerning the private life of a person, the proof of truthfulness or the proof that the perpetrator had reasonable grounds to believe that these acts were true is admissible for the defence of a legitimate interest.

(3) For acts concerning the private life of a person that affect this person’s capacity to exercise public office, the proof of truthfulness or the proof that the perpetrator had reasonable grounds to believe that these acts were true is admissible without the need to prove a legitimate interest.

Chapter IX

Delicts against family

Bigamy

Art.227 – (1) Conclusion of a marriage by a person who is married shall be punished by imprisonment from 3 months to one year or by days/fine.

(2) An unmarried person who gets married to a person about whom he/she knows that she/he is married, shall be punished by imprisonment from one month to 6 months or by days/fine.

(3) Acts in the present article shall not be sanctioned if the first or the second marriage is declared null for another reason than bigamy.

Desertion of family

Art.228 – (1) Commission by the holder of the legal obligation of maintenance, with regard to a person in title to maintenance, of one of the following acts:

a) deserting, sending away or leaving helpless or subjecting to physical or moral suffering;

b) failure in ill faith to fulfil the obligation of maintenance provided in the law;

c) failure in ill faith to pay, for two months, the child support allowance established by the court,

shall be punished by strict imprisonment from one to 3 years or by days/fine.

(2) Criminal action is initiated upon prior complaint from the injured person. Reconciliation of parties removes criminal liability.

(3) If there is no reconciliation of the parties, but during the trial the defendant fulfils the obligations, the court, if it finds him/her guilty, shall pronounce a conviction with conditional suspension of the penalty, even if the conditions of Art.95 are not met.

(4) Revocation of conditional suspension shall only take place if during the trial period the convict commits a new offence of desertion of family.

(5) Para.(3) shall apply only for the perpetrator’s first conviction for desertion of family.

Ill treatment applied to minors

Art.229 – The act of seriously jeopardising either by measures or treatments of any kind, the minor’s physical, intellectual or moral development, committed by the parents or by any person entrusted with the minor for raising and education, shall be punished by strict imprisonment from 3 to 15 years and the prohibition of certain rights.

Non-abidance by measures for child entrustment

Art.230 – (1) If a parent keeps his/her minor child without the approval of the other parent or of the person entrusted with the minor according to the law, he/she shall be punished by imprisonment from one month to one year or days/fine.

(2) The same penalty shall also sanction the act of a person, entrusted with the minor by court decision, for raising and education, of repeatedly preventing any of the parents from having personal contact with the minor, according to the conditions agreed upon by the parties or by the qualified body.

(3) Criminal action is initiated upon prior complaint from the injured person. Reconciliation of parties removes criminal liability.

Corruption acts related to adoption

Art.231 – (1) The act of a parent or of the legal representative of a child who claims or receives, either for him/herself or for another, money or other benefits in exchange for the child’s adoption, shall be punished by strict imprisonment from 2 to 7 years and the prohibition of certain rights.

(2) The same penalty shall also sanction the act of a person acting as intermediary or facilitating a child’s adoption in order to obtain undue advantage.

Sanctions for legal entities

Art.232 – Legal entities shall be sanctioned for the offence provided in Art.231 para.(2).

Chapter X

Crimes and delicts against good usage

Outrage against good usage and disturbing public order

Art.233 – (1) The act of a person who, in public, commits acts or gestures or utters words or expressions, or has any other manifestations infringing upon good usage or causing a public scandal or causes disturbance, in another manner, in the public calm and order, shall be punished by strict imprisonment from one to 3 years or by days/fine.

(2) If the act provided in para.(1) caused serious disturbance of public order, the penalty shall be strict imprisonment from 2 to 5 years.

Prostitution

Art.234 – The act of a person who acquires main subsistence by practicing for this purpose sexual intercourse with various persons shall be punished by imprisonment from 3 months to one year or by days/fine.

Procurement

Art.235 – (1) The act of encouraging or facilitating the practice of prostitution or of acquiring benefits from the practice of prostitution by another person shall be punished by strict imprisonment from 2 to 7 years and the prohibition of certain rights.

(2) The act of recruiting a person for prostitution or coercing a person to practice prostitution shall be punished by strict imprisonment from 3 to 10 years and the prohibition of certain rights.

(3) If the act in para.(1) or (2) is committed against a minor, the penalty shall be severe detention from 15 to 20 years and the prohibition of certain rights.

Dissemination of pornographic material

Art.236 – (1)The act of displaying, selling or disseminating, renting, distributing, manufacturing or producing in any other manner, transmitting, offering or making available or of possessing in order to disseminate pornographic material, without right, shall be punished by imprisonment from 6 months to one year or by days/fine.

(2) The same penalty shall also sanction import, export or handing over material of the kind in para.(1) to a transport or distribution agent, for sale or distribution.

Child pornography

Art.237 – (1) The act of displaying, selling or disseminating, renting, distributing, manufacturing or producing in any other manner, transmitting, offering or making available or of possessing in order to disseminate child pornography material, without right, shall be punished by strict imprisonment from 3 to 12 years and the prohibition of certain rights.

(2) The same penalty shall also sanction import, export or handing over material of the kind in para.(1) to a transport or distribution agent, for sale or distribution.

Child pornography through computer systems

Art.238 – The act of producing in order to disseminate, offer or make available, disseminate or transmit, obtain for oneself or for another, child pornography material through computer systems, or the possession, without right, of child pornography material in a computer system or data storage medium shall be punished by strict imprisonment from 3 to 12 years and the prohibition of certain rights.

Pornographic material

Art.239 – (1)For the purposes of Art.236, “pornographic material” means any material presenting a person having explicit sexual behaviour.

(2) For the purposes of Art.237 and Art.238, “child pornography material” means any material presenting a minor having explicit sexual behaviour or an adult who is presented as a minor having explicit sexual behaviour or images that, although not presenting a real person, simulate, credibly, a minor having explicit sexual behaviour.

Games of chance

Art.240 – (1) The organisation or toleration of games of chance for the public, without authorisation, shall be punished by imprisonment from 3 months to one year or by days/fine.

(2) The same penalty shall also sanction the habitual organisation or toleration of games of chance, in a private house, in order to acquire material benefits.

(3) The act of conducting, without license, any activities in the field of games of chance, shall be punished by strict imprisonment from one to 2 years or by days/fine.

Sanctions for attempt

Art.241– Attempt to the delicts in Art.235 para.(1) and (2), Art.237 and Art.238 is punishable.

Sanctions for legal entities

Art.242 – Legal entities shall be sanctioned for the offences in Art.235-238 and Art.240.

Chapter XI

Delicts against labour protection

Failure to take legal measures for labour protection

Art.243 – (1) Failure to take any of the legal measures for labour protection by the person who was charged with taking these measures, if it causes imminent danger of a labour accident or of occupational disease, shall be punished by strict imprisonment from one to 2 years or by days/fine.

(2) If the act in para.(1) is committed in workplaces that present a particular danger, the penalty shall be strict imprisonment from one to 3 years or days/fine.

(3) The act provided in para.(1) committed by negligence shall be punished by imprisonment from 3 months to one year or by days/fine, and the act provided in para.(2) committed by negligence shall be punished by imprisonment from 6 months to one year or by days/fine.

Failure to observe rules of labour protection

Art.244 – (1) Non-abidance by any person of the measures established for labour protection, if this causes imminent danger of labour accident or occupational disease, shall be punished by strict imprisonment from one to 2 years or by days/fine.

(2) If the act provided in para.(1) is committed in workplaces that involve particular danger, the penalty shall be strict imprisonment from one to 3 years or days/fine.

(3) If non-abidance resides in resuming the operation of installations, machines or equipment, prior to the removal of all deficiencies for which their operation was stopped, the penalty shall be strict imprisonment from one to 2 years or days/fine.

(4) Acts in para.(1) and (3) committed by negligence shall be punished by imprisonment from 3 months to one year or by days/fine, and the act in para.(2) committed by negligence shall be punished by imprisonment from 6 months to one year or by days/fine.

Sanctions for legal entities

Art.245 – Legal entities shall be sanctioned for the offences provided in the present chapter.

Chapter XII

Delicts against the cult of and respect for the dead

Hindrance of freedom of the cults

Art.246 – (1) The act of hindering or disturbing the freedom to exercise any religious cult, which is organised and is functioning according to the law, shall be punished by imprisonment from one month to 6 months or by days/fine.

(2) The same penalty shall also sanction the act of forcing a person, by coercion, to partake in the religious service of any cult or to accomplish a religious act linked to the exercise of a cult.

Profanation of graves

Art.247 – The act of profaning by any means a grave, of a monument or a funeral urn or a corpse, shall be punished by strict imprisonment from one to 3 years or by days/fine.

Sanctions for legal entities

Art.248 – Legal entities shall be sanctioned for the offence provided in Art.246.

Title II

Crimes and delicts against property

Theft

Art.249 – (1) The act of taking a movable asset from another person’s possession or detainment, without the latter’s consent, in order to make it one’s own without right, shall be punished by strict imprisonment from one to 7 years.

(2) The act is a theft even if the asset belongs fully or partly to the perpetrator, if at the moment of commission that asset was in the legitimate possession or detainment of  another person.

(3) The penalty in para.(1) shall also sanction the act of stealing electromagnetic impulses by using telecommunication means or by connection to the audiovisual means of a person, without right.

(4) Also, the act of taking according to para.(1) a vehicle in order to use it without right shall be a theft.

(5) Moveble assets shall also mean any energy that has economic value, as well as documents.

First degree theft

Art.250 – (1) Theft committed in the following circumstances:

a) by a person holding a weapon, a narcotic or paralising substance;

b) a person wearing a mask or disguise;

c) in a public place;

d) in means of public transportation;

e) during night time;

f) by forced entry, scaling or by use without right of a real key or a false key,

shall be punished by strict imprisonment from one to 10 years.

(2) The same penalty shall also sanction theft with regard to:

a) an asset that is part of the cultural heritage;

b) a document proving civil status, used for identification;

c) oil, oil products or natural gas;

d) equipment, installations and their components, if they are goods of general interest.

(3) Theft that caused particularly serious consequences shall be punished by severe detention from 15 to 20 years.

Punishment for certain cases of theft upon prior complaint

Art.252 – (1) Theft committed between spouses or close relatives, or by a minor against his/her guardian, by a person living together with the injured person or is a guest in the latter’s house, shall be prosecuted only upon prior complaint from the injured person.

(2) Reconciliation of parties removes criminal liability.

Robbery

Art.252 – Theft committed by use of violence or threat, or by making the victim unconscious or unable to defend him/herself, as well as theft followed by the use of such means in order to keep the stolen goods or to remove the traces of the offence, or to ensure the perpetrator’s escape, shall be punished by strict imprisonment from 3 to 12 years.

First degree robbery

Art.253 – (1) Robbery committed in the following circumstances:

a. by a person holding a weapon, a narcotic or paralysing substance;

b. a person wearing a mask or disguise;

c. in a public place;

d. in means of public transportation;

e. during night time;

f. in a home or in annexes to it

g. resulted in the consequences in Art.187,

shall be punished by strict imprisonment from 7 to 15 years.

(2) Robbery that caused particularly serious consequences or that resulted in the victim’s death shall be punished by severe detention from 15 to 20 years and the prohibition of certain rights.

Piracy

Art.254 – (1) The act of plundering by acts of violence committed for personal purposes, committed by the crew on a ship or by the passengers on a ship against persons or goods on that ship, or against another ship, if the ships are in the open sea or in a place that is not in the jurisdiction of any State, shall be punished by strict imprisonment from 3 to 12 years.

(2) There is piracy if the act has been committed in an aircraft or between aircraft and ships.

First degree piracy

Art.255 – (1) Piracy resulting in one of the consequences in Art.187 shall be punished by strict imprisonment from 7 to 15 years.

(2) Piracy that caused particularly serious consequences or that resulted in the death of the victim shall be punished by severe detention from 15 to 20 years and the prohibition of certain rights.

Breach of trust

Art.256 – (1) The act of taking a movable asset belonging to another person, held with any title, or the unjust use of this asset, or the refusal to return it, shall be punished by strict imprisonment from one to 3 years or by days/fine.

(2) The same penalty shall also sanction the act of changing, wholly or in part, the substance or qualities of the merchandise entrusted for transportation.

(3) If the change in the substance or the quality of merchandise entrusted for transportation was done by using pernicious substances, the penalty shall be strict imprisonment from one to 5 years.

(4) The penalty in para.(3) shall also sanction the act of destroying objects received as pledge by the creditor.

(5) If the asset is private property, Criminal action is initiated upon prior complaint from the injured person. Reconciliation of parties removes criminal liability.

Breach of trust by fraud against creditors

Art.257 – (1) The act of concealing, deteriorating, destroying wholly or in part values or assets in private property or of claiming fictitious debt or other acts to the detriment of the creditors, shall be punished by strict imprisonment from one to 3 years or by days/fine.

(2) The same penalty shall also sanction the act of a person who, although he/she is unable to pay, claims or accepts to have made available to him/her merchandise or services, thus causing prejudice to the creditor.

(3) Criminal action is initiated upon prior complaint from the injured person. Reconciliation of parties removes criminal liability.

Fraudulent management

Art.258 – (1) The act of causing damage to a person, in ill faith, on occasion of administering or preserving his/her assets, committed by the person charged with the administration or preservation of those assets, shall be punished by strict imprisonment from one to 5 years.

(2) Fraudulent management committed in order to acquire a material benefit shall be punished by strict imprisonment from 2 to 7 years.

(3) If the asset is in private property, criminal action for the act in para.(1) is initiated upon prior complaint from the injured person. Reconciliation of parties removes criminal liability.

Appropriation of assets found

Art.259 – (1) The act of not handing over within 10 days an asset found to the authorities or to the person who lost it, or of using that asset as if it were one’s own, shall be punished by days/fine.

(2) The same penalty shall also sanction the unjust appropriation of a movable asset belonging to another person, which came fortuitously into the perpetrator’s possession.

(3) The criminal action for the act in para.(1) is initiated upon prior complaint from the injured person. Reconciliation of parties removes criminal liability.

Deceit

Art.260 – (1) The act of deceiving a person, by presenting a false action as being true or a true action as being false, in order to obtain unjust material benefit for oneself or for another and if damage was caused, shall be punished by strict imprisonment from one to 7 years.

(2) Deceit committed by using untruthful names or qualities or other fraudulent means, shall be punished by strict imprisonment from 3 to 10 years.

(3) The act of deceiving or maintaining the deceit of a person, when concluding or executing a contract, if without this deceit the person would not have concluded or executed the contract in the conditions stipulated, shall be sanctioned by the penalty provided in para. (1) or (2), according to the distinctions shown there.

(4) The act of issuing a cheque or another payment instrument with regard to a credit institution or a person, while being aware that the supply or cover necessary for its  realisation does not exist, as well as the act of withdrawing the supply, wholly or in part, after the issuing, or of prohibiting the obligation to pay before expiry of the presentation term, for the purpose in para.(1), if damage was caused against the owner of the cheque/other payment instrument, shall be sanctioned by the penalty provided in para.(2).

(5) The use of fraudulent means to remove a person from a public auction or to limit the auction or the number of participants shall be punished by strict imprisonment from one to 5 years.

(6) The penalty in para.(1) shall also sanction the exploitation of the ignorance or lack of experience of a minor or the state of weakness of persons vulnerable because of age, illness or pregnancy, in order to determine them to conclude acts that prejudice them.

(7) The act of deceiving or maintaining the deceit concerning the living conditions in the country of emigration, committed according to para.(1), in order to determine a person to emigrate, shall be punished according to para.(1).

(8) Deceit that resulted in particularly serious consequences shall be punished by severe detention from 15 to 20 years and the prohibition of certain rights.

(9) If the fraudulent means used for the commission of the offence is in itself an offence the rules for concurrence of offences shall apply.

Destruction and appropriation of material values of interest to humankind

Art.261 – (1) Total or partial destruction:

a) of buildings, of any other constructions or ships serving as hospitals;

b) of the means of transportation of any kind assigned to a health or a Red Cross service, or to the organisations equated to the Red Cross, for transport of the wounded, the ill, of sanitary materials or materials of the Red Cross or of the organisations equated to the Red Cross;

c) of storage facilities for sanitary material,

if all these bear the legal distinctive signs, shall be punished by severe detention from 15 to 25 years and the prohibition of certain rights.

(2) The same penalty shall also sanction the appropriation in any form, unjustified by a military necessity and committed in large proportions, of the means or material destined to aid or care for the wounded or the ill fallen into the enemy’s powers.

(3) The same penalty shall also sanction the partial or total destruction or the appropriation in any form, unjustified by any military necessity and committed in large proportions, of any other assets.

Dstruction and appropriation of cultural values of peoples

Art.262 – (1) Destruction in any form, in the absence of military necessity, of monuments or constructions of artistic, historical or archaeological value, of museums, great libraries, historical or scientific archives, works of art, manuscripts, valuable books, scientific collections or important collections of books, archives or reproductions of the assets above and in general of any cultural assets belonging to peoples, shall be punished by severe detention from 15 to 25 years and the prohibition of certain rights.

(2) The same penalty shall also sanction the pillage or appropriation in any form of any of the cultural values shown in the present article, from the territories under military occupation.

Destruction

Art.263 – (1) The act of destroying, damaging or making unfit for use an asset belonging to another, or hindering the taking of measures of preservation or rescue for such an asset, as well as removing the measures taken, shall be punished by imprisonment from one month to one year or by days/fine.

(2) If the asset has a particular artistic, scientific, historical, archive value or any other such value, the penalty shall be strict imprisonment from one to 7 years.

(3) The act of destroying, damaging or making unfit for use an oil or a gas pipe, a high voltage cable, equipment or installations for telecommunication or for broadcasting radio and television programs, or water supply systems and magistral water supply pipes, shall be sanctioned by the penalty provided in para.(2).

(4) The total or partial destruction of an original document or of a document under private signature that does not belong (totally) to the perpetrator, or the concealment of a document not belonging to the perpetrator, in order to cause damage to a person, shall be punished by strict imprisonment from one to 5 years.

(5) The act of destroying or damaging milestones, landmarks, survey marks or geodetic marks in the national network, placed either on the soil or on buildings, or of landmarks, poles, sea marks or other marks that show the State border, or of hindering the taking of measures to preserve these goods, shall be sanctioned by the penalty provided in para.(2).

(6) If the act of destruction, damaging or making unfit for use is committed by arson, explosion or by any other such means and it results in a public danger, the penalty shall be strict imprisonment from 3 to 10 years.

(7) Para.(2), (3) and (6) shall apply even if the asset belongs to the perpetrator.

(8) If the asset is in private property. Criminal action for the offence in para. (1) is initiated upon prior complaint from the injured person. Reconciliation of parties removes criminal liability.

First degree destruction

Art.264 – (1) If the acts in Art.263 resulted in particularly serious consequences, the penalty shall be severe detention from 15 to 20 years and the prohibition of certain rights, and if they resulted in disaster, the penalty shall be severe detention from 15 to 25 years and the prohibition of certain rights.

(2) Disaster consists of the destruction or damaging of means of public transportation, of either persons or merchandise, or of installations or work that resulted in the death or serious injury on the corporal integrity or health of several persons.

Destruction by negligence

Art.265 – (1) The act of destroying, damaging, or making a good unfit for use, by negligence, even if it belongs to the perpetrator, if the act is committed by setting fire, by explosion or by any other such means and if it causes a public danger, shall be punished by imprisonment from one month to one year or by days/fine.

(2) The same penalty shall also sanction the act of destroying or damaging by negligence an oil or gas pipe, a high voltage cable equipment or installations for telecommunication or for broadcasting radio and television programs, or water supply systems and magistral water supply pipes, if this made them unfit to use.

(3) The destruction, damage or making unfit for use, by negligence, of a good, even if it belongs to the perpetrator, if it had particularly serious consequences, shall be punished by  strict imprisonment from one to 5 years, and if it resulted in disaster the penalty shall be strict imprisonment from 3 to 10 years.

(4) When the disaster or the particularly serious consequences were produced because of leaving the post or the commission of any other act by the staff driving a means of public transportation or by the staff directly ensuring the security of such transport, the penalty shall be strict imprisonment from 5 to 12 years.

Disturbance of possession

Art.266 – (1) The act of occupying, wholly or in part, without right, a building in the property of another, shall be punished by strict imprisonment from one to 2 years or by days/fine.

(2) The act of occupying, wholly or in part, land of any kind, founding or moving border signs and marks, without legally acquired approval, or the refusal to leave the land occupied without right, shall be punished by imprisonment from one to 3 years or by days/fine.

(3) If the act in para.(1) is committed by violence or threat or by removing or moving the border signs of a building in the possession of another, the penalty shall be strict imprisonment from one to 5 years.

(4) If the act in para.(2) is committed by violence or threat, the penalty shall be strict imprisonment from 2 to 7 years.

(5) The penalty in para.(3) shall also sanction the foundation or displacement of border signs and marks without approval, when they refer to regional limits of the railway, of roads, canals, airports, ports, navigable ways, sylvan, geological and mining  borders.

(6) If the building is in the possession of a private person criminal action is initiated upon prior complaint from the injured person. Reconciliation of parties removes criminal liability.

Concealment

Art.267 – (1) The act of receiving, acquiring or converting an asset, or facilitating its realisation, while aware of the fact that the asset emerges from the commission of an act provided in the criminal law, if by this the obtainment of material benefits for oneself or for another was intended, shall be punished by strict imprisonment from 2 to 5 years, while the sanction applied cannot exceed the penalty provided in the law for the offence from which the concealed asset has emerged.

(2) Concealment committed by a spouse or a close relative is not punishable.

Money laundering

Art.268 – (1) The following shall be punished by strict imprisonment from 3 to 12 years:

a) exchange or transfer of assets, while aware that they emerge from the commission of offences, in order to conceal or dissimulate the illicit origin of these assets or in order to help the perpetrator of the offence that produced the assets to elude prosecution, trial or penalty execution;

b) hiding or dissimulating the true nature, origin, location, arrangement, circulation or property of assets or rights over them, while aware that they emerge from the commission of offences;

c) acquisition, possession or use of assets while aware that they emerge from the commission of offences.

(2) For the purposes of para.(1), “assets” shall mean either corporal or non-corporal assets, movable or immovable, as well as judicial acts or documents certifying a title or a right with regard to them.

Sanctions for attempt

Art.264 – Attempt to the delicts in Art.249, Art.250 para.(1) and (2), Art.252, Art.253 para.(1), Art.254, Art.255 para.(1), Art.260 para.(1)-(7), Art.263 and Art.268 is punishable.

Sanctions for legal entities

Art.265 – Legal entities shall be sanctioned for the offences provided in Art.256-258 and Art.260-268.

Title III

Crimes and delicts against national security

Treason

Art.271 – The act of a Romanian citizen, of a person with no citizenship domiciling in Romania or of a foreigner working for the Romanian State of establishing connections with a foreign power or organisation or with its agents, in order to suppress or undermine the State unity, indivisibility, sovereignty or independence, by actions instigating a war against the country or facilitating foreign military occupation, or economic or political undermining, or undermining the State’s capacity for defence, or submission to a foreign power, shall be punished by life detention or severe detention from 15 to 25 years and the prohibition of certain rights.

Treason by transmission of State secret information

Art.273 – Transmission of State secret information to a foreign power or organisation or to its agents, as well as obtaining documents or data of State secrecy or possession of such documents by a person who was not qualified to know them, in order to transmit them to a foreign power or organisation or to its agents, committed by a Romanian citizen, by a person with no citizenship domiciling in Romania or by a foreigner working for the Romanian State, shall be punished by life detention or by severe detention from 15 to 25 years and the prohibition of certain rights.

Treason by helping the enemy

Art.273 – (1) The act of a Romanian citizen, of a person with no citizenship domiciling in Romania or of a foreigner working for the Romanian State who, during wartime:

a) hands over territories, towns, defence locations,  storage facilities or installations belonging to the Romanian armed forces that serve for defence;

b) hands over ships, aircraft, cars, devices, weapons or any other material that can be used in a war;

c) procuring people, values and materials of any kind for the enemy;

d) fraternising with the enemy or carrying out any their actions likely to favour the enemy’s activity or to weaken the power to fight of the Romanian armed forces or of the allied armed forces,

shall be punished by life detention or by severe detention from 15 to 25 years and the prohibition of certain rights.

(2) The same penalty shall also sanction a Romanian citizen who, during wartime, fights in or is a part of groups fighting against the Romanian State or its allies.

Hostile actions against the Romanian State

Art.274 – Acts in Art.271 and Art.273 committed by a foreign citizen, by a person with no citizenship not domiciling in Romania or a foreigner not working for the Romanian State, shall be punished by life detention or by severe detention from 15 to 25 years and the prohibition of certain rights.

Espionage

Art.275 – Acts in Art.272 committed by a foreign citizen, by a person with no citizenship not domiciling in Romania or a foreigner not working for the Romanian State, shall be punished by life detention or by severe detention from 15 to 25 years and the prohibition of certain rights.

Dissemination of false information in order to cause a war

Art.276 – The act of disseminating false information in order to cause a war, committed by any means, shall be punished by strict imprisonment from 2 to 7 years and the prohibition of certain rights.

Compromising State interests

Art.277 – The act of destroying, damaging or hiding a document that establishes rights of the Romanian State with regard to a foreign power, if the act is likely to compromise State interests, shall be punished by strict imprisonment from 7 to 10 years and the prohibition of certain rights.

Giving false information

Art.278 – The act of communicating or disseminating, in full knowledge, by any means, false news, data or information or forged documents, if the act is likely to infringe upon national security or upon the international relations of Romania or of an allied State, shall be punished by strict imprisonment from one to 5 years.

Hostile acts against a foreign State

Art.279 – (1) The commission on Romanian territory of hostile acts against one of the Member States of the North Atlantic Treaty Organization, or of the European Union or of the Council of Europe shall be punished by strict imprisonment from 7 to 10 years and the prohibition of certain rights.

(2) The same penalty shall also sanction hostile acts against the security of States, others than those in para.(1), and which are not at war with Romania.

(3) Criminal action is initiated upon wish expressed by the foreign State.

Offences against persons enjoying international protection

Art.280 – (1) Offences against life, corporal integrity, health, freedom or dignity, committed against persons enjoying international protection, shall be sanctioned by the penalty provided in the law for the act committed, and if its special maximum is not sufficient a penalty can be applied up to the general maximum.

(2) Acts of violence committed against official premises of diplomatic missions, against the home or residence of persons enjoying international protection or against the means of transportation belonging to these persons, and which are likely to endanger their life or freedom, shall be sanctioned by the penalty provided in the law for the act committed, and if its special maximum is not sufficient a penalty can be applied up to the general maximum.

(3) Criminal action is initiated upon wish expressed by the foreign State.

Attempt that jeopardises national security

Art.281 – An attempt upon the life, corporal integrity or health of a person serving in an important State office or another important public activity, in circumstances that make the act jeopardise national security, shall be punished by life detention or by severe detention from 15 to 25 years and the prohibition of certain rights.

Actions against constitutional order

Art.282 – The act of initiating, organising, committing or supporting violent actions intended to change constitutional order, the national, sovereign, independent, unitary and indivisible nature of the Romanian State, shall be punished by severe detention from 15 to 25 years and the prohibition of certain rights.

Undermining the State power

Art.283 – (1) An armed action likely to weaken State power shall be punished by life detention or by severe detention from 15 to 25 years and the prohibition of certain rights.

(2) Any other violent action committed by several persons together, likely to incur the same consequences, shall be punished by severe detention from 15 to 20 years and the prohibition of certain rights.

(3) If following the acts in para.(2) public institutions, weapons storage facilities, premises of political parties have been attacked or occupied or arson, destruction or serious injury to the corporal integrity or health of persons has been committed, the penalty shall be severe detention from 15 to 25 years and the prohibition of certain rights.

Military usurpation

Art.284 – Illegal exercise of a military office, if the act is likely to endanger national security, shall be punished by severe detention from 15 to 20 years and the prohibition of certain rights.

Acts of diversion

Art.285 – The act of destroying, damaging or making unfit for use, be it wholly or partly, through explosions, arson or in any other manner, factories, installations, ways of communication, means of transportation, means of telecommunication, buildings, industrial or agricultural products or other goods, if the act is likely to in any way infringe upon national security or an allied State’s security, shall be punished by life detention or severe detention from 15 to 25 years and the prohibition of certain rights.

Plots

Art.286 – (1) The initiation or constitution of an association or group in order to commit any of the offences against national security or adhesion to or any kind of support of such an association or a group, shall be punished by life detention or severe detention from 15 to 25 years and the prohibition of certain rights.

(2) The penalty for plot cannot exceed the sanction provided in the law for the most serious of the offences intended by the association or group.

(3) If the acts in para.(1) were followed by the commission of an offence, the rules on concurrence of offences shall apply.

(4) A person who, having committed the act provided in para.(1) denounces it before it is discovered, shall not be punished.

Constitution of illegal informational structures

Art.287 – The initiation, organisation or constitution on Romanian territory of an informational structure, the development by it of activities of collecting, processing and realising information outside the legal framework, in circumstances that can infringe upon national security, their support of any kind or adhesion to them, shall be punished by severe detention from 15  to 20 years and the prohibition of certain rights.

Non-abidance by the legal treatment of informational activities

Art.288 – (1) The development, without right, of informational activities subject to authorisation according to the law, as well as exceeding the authorisation granted, except situations calling for the removal, according to the law, of imminent danger for national security, shall be punished by strict imprisonment from 2 to 7 years.

(2) The same penalty shall also sanction the act of an employee who reveals, refuses or prevents, in any way, the execution of the authorisation issued in observance of legal provisions, or who makes public or uses the information on the private life, honour and reputation of persons, if this information was found incidentally during work.

Constitution of organisations of a fascist, racist or xenophobic character

Art.289 – (1) The constitution of an organisation of a fascist, racist or xenophobic character shall be punished by strict imprisonment from 5 to 15 years and the prohibition of certain rights.

(2) Adhesion to an organisation of a fascist, racist or xenophobic character, as well as any kind of support given to an organisation of this nature shall be sanctioned by the penalty provided in para.(1).

Revealing secrets that jeopardise national security

Art.290 – (1) The act of revealing State secret information or service secret information committed by a person who knows them thanks to his/her service prerogatives, if the act is likely to jeopardise national security, shall be punished by severe detention from 15 to 20 years and the prohibition of certain rights.

(2) The possession, outside service duties, of a State secret document, if the act is likely to jeopardise national security, shall be punished by severe imprisonment from 3 to 10 years.

(3) The penalty in para.(2), shall also sanction the possession, outside service duties, of a service secret document, in order to reveal it, if the act is likely to jeopardise national security.

Propaganda in favour of a totalitarian State

Art.291 – (1) Propaganda for the foundation of a totalitarian State, committed by any means, in public, shall be punished by strict imprisonment from one to 5 years and the prohibition of certain rights.

(2) Propaganda is the systematic dissemination or the praise for an idea, view or doctrine, aiming at convincing and attracting new adepts.

Non-denunciation

Art.292 – (1) The act of non-denunciating the commission of any of the offences provided in Art.271-275, Art.281-283, Art.285 and Art.286 shall be punished by strict imprisonment from 2 to 5 years.

(2) Non-denunciation committed by a spouse or close relative shall not be punished.

(3) A person who, before commencement of the criminal prosecution for the offence not denunciated, notifies the qualified authorities with regard to that offence or who, even after commencement of the criminal prosecution or after the perpetrators have been discovered, has facilitated their arrest, shall not be punished.

(4) A participant in the offences provided in this title shall not be punished if he/she denunciates the commission of the offence before commencement of the criminal prosecution or before the perpetrators are discovered.

(5) A participant who, after commencement of the criminal prosecution or after discovery of the perpetrators, facilitates their arrest shall be sanctioned by a penalty reduced according to Art.92.

Attempt, concealment and support

Art.293 – (1) Attempts to the delicts in the present title are punishable.

(2) The act of producing or obtaining the means or the instruments, as well as of taking measures in order to commit the offences in this title shall also be considered attempt.

(3) Concealment or support with regard to the offences provided in this title shall be punished by strict imprisonment from 3 to 10 years.

(4) The penalty applied to concealers or supporters cannot be greater than the penalty provided in the law for the author.

(5) Concealment or support committed by a spouse or close relative for the offences in Art.271-275, Art.281-283, Art.285 and Art.286 are punishable. The limits of the penalty in para.(3) shall be reduced according to Art.92.

Sanctioning legal entities

Art.294 – Legal entities shall be sanctioned for the offences provided in Art.271-275, Art.277, Art.279, Art.282, Art.283, Art.285-287, Art.289 and Art.293 para.(1).

Title IV

Crimes and delicts of terrorism

Terrorist acts

Art.295  – (1) The following offences are terrorist acts when they are committed in order to seriously disturb public order, through intimidation, terror or by creating a state of panic:

a) offences of homicide and first degree homicide provided in Art.178 and Art.179, corporal injury and serious corporal injury provided in Art.186 and 187, as well as illegal deprivation of freedom provided in Art.201;

b) the offences provided in Art.105-108 of the Aerial Code;

c) offences of destruction in Art.263 and 264;

d) offences of non-abidance by the legal treatment of weapons and ammunition, non-observance of the legal treatment of nuclear material and other radioactive materials, as well as non-compliance with the legal treatment of explosives, provided in Art.406-408;

e) the act of inserting or spreading, into the atmosphere, on the soil, into the underground or in water, products, substances, materials, microorganisms or toxins likely to endanger the health of people or animals or the environment;

f) threats with bombs or other explosives.

(2) For the offences in para.(1) a)-d) the special maximum of the penalty provided in the law shall be applied, which can be increased up to its general maximum, and if the general maximum is not sufficient, the penalty can be increased up to the general maximum of the immediately superior penalty.

(3) For the offence in para.(1) e), the penalty shall be severe detention from 15 to 20 years and the prohibition of certain rights, and for the offence in para.(1) f), the penalty shall be strict imprisonment from 3 to 10 years and the prohibition of certain rights.

(4) Attempt shall be sanctioned by the penalty provided for the offence when it takes place or by a penalty within the immediately inferior limits of the penalty provided in the law for the offence when it takes place.

(5) The act of producing or obtaining the means or the instruments, as well as of taking measures in order to commit the offences in para. (1) shall also be considered attempt.

(6) Agreement in order to commit terrorist acts shall be punished by strict imprisonment from 3 to 15 years and the prohibition of certain rights.

Association in order to commit terrorist acts

Art.296 – Association in order to commit terrorist acts shall be punished by severe detention from 15 to 20 years and the prohibition of certain rights.

Financing terrorist acts

Art.297 – (1) The act of making available or collecting funds, be it directly or indirectly, while aware that these funds are used, wholly or in part, for the commission of terrorist acts, shall be sanctioned by severe detention from 15 to 20 years and the prohibition of certain rights.

(2) The same penalty shall also sanction the production of funds in order to finance terrorist acts.

(3) The funds made available or the collection of funds for committing terrorist acts or produced in order to finance terrorist acts shall be confiscated.

Threat for terrorist purposes

Art.298 – (1) Any threatening of a person or community with the dissemination or use of products, substances, materials, micro-organisms or toxins likely to endanger the health of persons or animals or the environment, shall be punished by strict imprisonment from 2 to 5 years.

(2) Threat against a State, an international organisation or natural or legal person, with the use of nuclear material, other radioactive matter or explosives, in order to cause corporal injury or death of a person or material damage, shall be punished by strict imprisonment from 3 to 12 years.

(3) If the act in para.(2) is conditioned by the accomplishment or non-accomplishment of an act or when by the threat, in any form, it is demanded that nuclear material, other radioactive material or explosives be handed over, the penalty shall be strict imprisonment from 5 to 15 years and the prohibition of certain rights.

Alarm for terrorist purposes

Art.299 – The act of causing the alarm with no good reasons of a person or of the public, of bodies specialised to intervene in case of danger or of bodies maintaining public order, by mail, telephone or any other means of remote transmission with regard to the dissemination or use of products, substances, materials, micro-organisms or toxins of those in Art.298 para.(1), shall be punished by strict imprisonment from one to 3 years or by days/fine.

Sanctions for legal entities

Art.300 – Legal entities shall be sanctioned for the offences provided in the present title.

Title V

Delicts against the exercise of political and citizen’s rights

Hindering the exercise of electoral rights

Art.301 – (1) The hindrance by any means of the free exercise of the right to elect or be elected, or to partake in a referendum, shall be punished by strict imprisonment from one to 5 years and the prohibition of certain rights.

(2) If the act in para.(1) had one of the consequences in Art.187, the penalty shall be strict imprisonment from 3 to 10 years.

Revealing voting secrecy and forging elections

Art.302 – (1) The act revealing, by any means, voting secrecy, committed by members of the electoral bureau of voting sections or by other persons, shall be punished by strict imprisonment from one to 3 years or by days/fine.

(2) The printing or use of forged voting papers, the insertion into the ballot box of a number of voting supplementary to the ones cast by the voters, the forging by any means of documents in electoral bureaus, as well as the use of null or forged elector’s cards, shall be punished by strict imprisonment from 2 to 7 years.

Corruption of electors

Art.303 – (1) The act of promising, offering or giving money or other benefits in order to determine an elector to vote or not to vote for a certain list of candidates or for an independent candidate or to vote or not to vote in a referendum, as well as their receipt by the elector, for the same purpose, shall be punished by strict imprisonment from one to 5 years.

(2) The same penalty shall also sanction the act of a person who votes without having a right to or the act of an elector who votes several times on the day of elections or of the referendum.

(3) If the act in para.(1) is committed by an inside observer, the penalty shall be strict imprisonment from 2 to 7 years.

Attack by any means against the voting section

Art.304 – Attack by any means against the premises of the voting section shall be punished by strict imprisonment from 2 to 7 years, if the act is not a more serious offence.

Prior opening of ballot boxes

Art.305 – The opening of a ballot box before the hour established for conclusion of the elections shall be punished by strict imprisonment from one to 5 years.

Hindrance in the exercise of union rights

Art.306 – (1) Hindrance in the exercise of free organisation or association in a union for the purposes and within the limits provided in the law, shall be punished by strict imprisonment from one to 3 years.

(2) The same penalty shall also sanction the conditions imposed upon a person or the coercion of a person, in any way, for the purpose of restricting the exercise of prerogatives of the office of members elected into the bodies of leadership of unions.

Sanctions for attempt

Art.307 – Attempt to the delicts in the present title is punishable.

Title VI

Crimes and delicts against public interests

Chapter I

Crimes and delicts of corruption

Bribe-taking

Art.308 – (1) The act of a public servant who, either directly or indirectly, for oneself or for another, claims or receives money or other undue benefits, or accepts the promise of such benefits or does not reject it, in order to perform, not to perform or to delay the accomplishment of an act with regard to his/her service duties or in order to perform an act that is contrary to these duties, shall be punished by strict imprisonment from 3 to 15 years and the prohibition of certain rights.

(2) The act in para.(1), if it has been committed by a servant or a person exercising a service of public interest, shall be punished by strict imprisonment from 3 to 12 years and the prohibition of certain rights.

(3) Para.(1) shall apply also to the following persons:

a) employees or persons carrying out activity based on a work contract or other persons exercising similar prerogatives, in a public international organisation to which Romania is a Party;

b) members of parliamentary assemblies of international organisations to which Romania is a Party;

c) employees or persons carrying out activity based on a work contract or other persons exercising similar attributions, in European Communities;

d) persons exercising judicial offices in international courts the competence of which is accepted by Romania, as well as public servants from the clerk’s offices in these courts;

e) employees of a foreign State;

f) members of parliamentary or administrative assemblies of a foreign State.

(4) In case the bribe-taking resulted in extremely serious consequences, the penalty shall be severe detention from 15 to 20 years and the prohibition of certain rights.

(5) The money, values or any other goods that were the object of the bribe-taking shall be confiscated, and of they cannot be found, the convict shall be obliged to pay their equivalent in money.

Bribe-giving

Art.309 – (1) The act of promising, offering or giving, either directly or indirectly, money or other benefits to a public servant or to an employee, for him/herself or for another, in order to perform, not to perform or to delay the accomplishment of an act with regard to his/her service duties or in order to perform an act that is contrary to these duties, shall be punished by strict imprisonment from one to 5 years.

(2) The act of promising, offering or giving, either directly or indirectly, money or other benefits to an employee of a foreign State or of a public international organisation, in order to perform or not to perform an act with regard to his/her service duties, in order to obtain undue advantage in international economic operations, shall be punished by strict imprisonment from one to 7 years.

(3) The penalty in para.(1) shall also sanction the act of promising, offering or giving, either directly or indirectly, money or other benefits to one of the persons in Art.308 para.(3), for him/herself or for another, in order to perform, not to perform or to delay the accomplishment of an act with regard to his/her service duties or in order to perform an act that is contrary to these duties.

(4) The act in para.(1), (2) or (3) shall not be an offence when the bribe-giver was coerced by any means by the bribe-taker.

(5) The bribe-giver shall not be punished if he/she denunciates the act to the authorities before the body of prosecution is notified for that offence.

(6) Art.308 para.(5) shall apply accordingly, even if the offer was not followed by acceptance.

(7) The money, values or any other goods shall be returned to the person who gave them, in the cases provided in para.(4) and (5).

Receipt of undue advantage

Art.310 – (1) The act committed by a public servant of receiving, either directly or indirectly, money or other benefits after having accomplished an act by virtue of his/her office and which was incumbent upon him/her because of his/her office, shall be punished by strict imprisonment from one to 7 years.

(2) The act in para.(1), if it has been committed by an employee or by a person exercising an office of public interest, shall be punished by strict imprisonment from one to 5 years.

(3) Para.(1) shall apply also to persons in Art.308 para.(3).

(4) The money, values or other goods shall be confiscated, and if they cannot be found, the convict shall be obliged to pay their equivalent in money.

Unjust remuneration

Art.311 – (1) The act committed by a public servant who, by virtue of his/her office, was charged with the supervision or control of a legal entity of private law, of receiving remunerated tasks from such an entity, before the completion of 3 years from the retirement, resignation, dismissal or revocation date, shall be punished by strict imprisonment from one to 3 years or by days/fine.

(2) Persons in charge of such legal entities of private law shall be considered accomplices to the commission of the act in para.(1).

Influence peddling

Art.312 – (1) The receipt of or request for money or other benefits, or the acceptance of promises, gifts, be it directly or indirectly, for oneself or for another, committed by a person who is influential or who gives to believe that he/she is influential over an employee in order to determine him/her to perform, not to perform or to delay an act included within his/her service prerogatives or to perform an act contrary to these prerogatives, shall be punished by strict imprisonment from 2 to 10 years.

(2) The same penalty shall sanction also the act of promising, offering or giving money, gifts or other benefits, be it directly or indirectly, to a person who is influential or who gives to believe that he/she is influential over an employee in order to determine him/her to perform, not to perform or to delay an act included within his/her service prerogatives or to perform an act contrary to these prerogatives.

(3) The act in para.(2) shall not be punished if the perpetrator denunciates the act to the authorities before the body of criminal prosecution is notified with regard to that act.

(4) The money, values or other goods that were the object of offences in para.(1) and (2) shall be confiscated, and if they cannot be found, the convict shall be obliged to pay their equivalent in money.

5) The money, values or other goods shall be returned to the person who gave it in the case provided in para.(3).

(6) For the purposes of para.(1) and (2), „employee” shall mean also any of the persons in Art.308 para.(3).

Sanctions for legal entities

Art.313 – Legal entities shall be sanctioned for the offences provided in Art.309 and Art.312.

Chapter II

Crimes and delicts against public interests committed by public officials and by employees

Embezzlement

Art.314 – (1) The act, committed by an employee, for him/herself or for another, of appropriating, using or trafficking money, values or other goods in his/her management, shall be punished by strict imprisonment from 3 to 12 years.

(2) In case the embezzlement had particularly serious consequences, the penalty shall be severe detention from 15 to 20 years and the prohibition of certain rights.

Malfeasance and nonfeasance against persons’ interests

Art.315 – (1) The act of a public servant, who, in the exercise of service prerogatives, knowingly fails to perform an act or performs it erroneously and by this infringes upon the legal interests of a person, shall be punished by strict imprisonment from one to 5 years.

(2) The act in para.(1), if it has been committed by an employee or by a person exercising a service of public interest, shall be punished by strict imprisonment from one  to 3 years or by days/fine.

Malfeasance or nonfeasance by limitation of certain rights

Art.316 – (1) The act committed by a public servant of limiting the use or exercise of the rights of any citizen or of creating for a citizen situations of inferiority based on nationality, race, sex or religion, shall be punished by strict imprisonment from 2 to 5 years.

(2) The act in para.(1), if it has been committed by an employee or by a person exercising a service of public interest, shall be punished by strict imprisonment from one  to 3 years or by days/fine.

Malfeasance and nonfeasance against general interests

Art.317 – (1) The act of a public servant, who, in the exercise of service prerogatives, knowingly fails to perform an act or performs it erroneously and by this causes significant disturbance in the proper operation of a public authority or institution or of a legal entity, or causes damage of its property, shall be punished by strict imprisonment from 2 to 7 years.

(2) The act in para.(1), if it has been committed by an employee or by a person exercising a service of public interest, shall be punished by strict imprisonment from one to 3 years.

First degree malfeasance and nonfeasance

Art.318– (1) Acts in Art.315-317, if they have resulted in particularly serious consequences, shall be punished by strict imprisonment from 5 to 15 years, if they have been committed by public servants.

(2) The act in para.(1), if it has been committed by an employee or by a person exercising a service of public interest, shall be punished by strict imprisonment from one to 5 years.

Negligence at service

Art.319 – (1) The transgression, by negligence, committed by a public servant, of a service duty by its non-accomplishment or by its erroneous accomplishment, if it has caused significant disturbance in the proper operation of a public authority or institution or of a legal entity, or causes damage of its property or major injury upon the legal interests of a person, shall be punished by imprisonment from 6 months to one year or by days/fine.

(2) If the act in para.(1) resulted in particularly serious consequences, it shall be punished by strict imprisonment from 2 to 7 years.

Negligence in the keeping of State secret information

Art.320 – Negligence that results in the destruction, damage, loss or theft of a document containing State secret information, as well as negligence that gave the occasion to another person to find out such a secret, if the act is likely to infringe upon the State’s interests, shall be punished by strict imprisonment from one to 3 years.

Profit by error

Art.321 – The act committed by a public servant, of receiving or retaining, for oneself or for another, money or other benefits while taking advantage of another person’s error shall be punished by strict imprisonment from one to 3 years or by days/fine.

Abusive conduct

Art.322 – (1) The use of offensive language with regard to a person, a public servant in the exercise of service prerogatives, shall be punished by strict imprisonment from one to 3 years or by days/fine.

(2) Hitting or other acts of violence committed in the circumstances in para.(1), shall be punished by strict imprisonment de  to one to 5 years.

Chapter III

Crimes and delicts against public intersts committed by any persons

Outrage

Art.323 – (1) A threat committed directly or by any means of direct communication against a public servant in an office that involves the exercise of State authority who is in the exercise of office or acts committed during the exercise of office shall be punished by strict imprisonment from one to 2 years or by days/fine.

(2) Hitting or any other acts of violence, as well as corporal injury committed against persons in para.(1), who are in the exercise of office or acts committed in the exercise of office, shall be punished by strict imprisonment from one to 6 years, and if serious corporal injury was caused, the penalty shall be strict imprisonment from 3 to 12 years.

(3) If the acts in para.(1) and (2) are committed against a magistrate, police officer or gendarme or other member of the military, the special maximum of the penalty shall be increased by 2 years.

(4) If against the spouse, children or parents, of persons in para.(3) the offences in Art.185-187, 201 and 210, were committed for purposes of intimidation or revenge for acts performed by the public servant in the exercise of service, the penalties provided in the law for these offences can be increased up to their general maximum.

Usurpation of official capacity

Art.324 – The use without right of an official capacity, accompanied or followed by the accomplishment of an act connected to that capacity, shall be punished by strict imprisonment from one to 3 years or by days/fine.

Illegal wearing of decorations or distinctive signs

Art.325 – (1) The act of wearing, without right, decorations, uniforms or distinctive signs belonging to a public authority, shall be punished by imprisonment from one month to 3 months or by days/fine.

(2) The act of wearing, without right, military uniforms, rank marks or badges, shall be punished by imprisonment from 6 months to one year or by days/fine.

(3) If the act in para.(2) is committed during wartime, the penalty shall be strict imprisonment from one to 5 years.

Theft or destruction of documents

Art.326 – (1) The theft or destruction of a file, record, document or any other written act kept by a public body or authority, shall be punished by strict imprisonment from one to 5 years.

(2) Destruction by negligence of any of the written acts in para.(1), which has an artistic, scientific, historical, archive or other such value, shall be punished by imprisonment from 3 months to one year or by days/fine.

(3) If the acts in para.(1) and (2) are committed by a public servant in the exercise of service prerogatives, the penalty shall be strict imprisonment from 2 to 7 years.

Breaking of seals

Art.327 – (1) The act of removing or destroying a seal applied shall be punished by imprisonment from one month to one year or by days/fine.

(2) If the act was committed by the caretaker or by a public servant, the penalty shall be imprisonment from 6 months to one year or days/fine.

Theft from under distraint

Art.328 – (1) The theft of an asset that is legally under distraint shall be punished by imprisonment from one month to 1 an or by days/fine.

(2) If the act was committed by the caretaker or by a public servant, the penalty shall be imprisonment from 6 months to one year or days/fine.

Hindrance of competition in public auctions

Art.329– (1) The act of hindering or disturbing free competition in public auctions in order to remove rivals from it, shall be punished by imprisonment from 2 months to one year or by days/fine.

(2) The same penalty shall also sanction the act of an offerer or rival who demands or receives directly or indirectly money, promises or any other profit for refraining from partaking in the auction.

(3) If the act in para.(1) or (2) is committed by several persons who agreed upon this purpose, the penalty shall be  strict imprisonment from one to 3 years or days/fine.

Fraudulent crossing of the State borders

Art.330 – (1) The act of entering or exiting the country by illegal crossing of State borders shall be punished by strict imprisonment from one to 3 years or by days/fine.

(2) If the act in para.(1) has been committed in order to elude the execution of a punishment, the penalty shall be strict imprisonment from one to 5 years.

(3) Fraudulent penetration of Romanian territory by a foreign person who was declared undesirable or to whom it  has been forbidden in any way to enter or stay in the country shall be punished by imprisonment from 2 to 6 years.

(4) If the act in para.(2) has been committed repeatedly, the penalty shall be imprisonment from 3 to 7 years.

(5) The act of a person who recruits or guides one or several persons in crossing the State borders fraudulently, as well as of a person organising such activities shall be punished by strict imprisonment from 3 to 7 years.

Trafficking in migrants

Art.331– (1) Trafficking in migrants committed in order to obtain, either directly or indirectly, a material benefit, shall be punished by strict imprisonment from 3 to 7 years.

(2) If the act in para.(1) is likely to endanger the victim’s life or security or to subject the victim to inhuman or degrading treatment, the penalty shall be strict imprisonment from 5 to 10 years.

(3) The act of a person who, in order to facilitate trafficking in migrants, produces forged travel documents or identity documents or obtains, provides or possesses such documents, in order to obtain, directly or indirectly, a material benefit, shall be punished by strict imprisonment from 2 to 7 years.

(4) The penalty in para.(3) shall also sanction the act of a person who facilitates the stay on Romanian territory of a person with no Romanian citizenship or with no domicile in Romania, by any illegal means, in order to obtain, directly or indirectly, a material benefit.

(5) “Trafficking in migrants” means ensuring the illegal penetration of the territory of a State by a person not having the citizenship of that State or not domiciling in that State.

Sanctions for attempt

Art.332 – Attempt to the delicts in Art.326 para.(1), Art.330 and Art.331 is punishable.

Sanctions for legal entities

Art.333 – Legal entities shall be sanctioned for the offences provided in Art.326-329, Art.330 para.(5) and Art.331.

Title VII

Crimes and delicts against the accomplishment of justice

Slanderous denunciation

Art.334 – (1) The act of deceitful blaming, done by denunciation or complaint, concerning the commission of an offence by a certain person, shall be punished by strict imprisonment from one to 3 years.

(2) The production or devising deceitful proof, to support unjust blaming, shall be punished by strict imprisonment from one to 5 years.

(3) If the person who accomplished the act declares, before the commencement of the criminal action, with regard to the person against whom the denunciation or complaint was made, or against whom the proof was brought, that the denunciation, complaint or proof was deceitful, the penalty shall be reduced according to Art.92.

(4) When the person denunciated has been unjustly convicted, the penalty in Art.335 shall be applied.

False testimony

Art.335 – (1) The act of a perpetrator who, in a criminal, civil or disciplinary cause or in any other cause in which witnesses are heard, makes false statements, or does not tell everything he/she knows regarding the essential circumstances concerning which he/she was questioned, shall be punished by strict imprisonment from one to 5 years.

(2) If the false testimony resulted in a conviction to a penalty of detention exceeding 5 years, the penalty shall be strict imprisonment from one to 5 years, and if the result was a conviction to a penalty exceeding 10 years, the penalty shall be strict imprisonment from 2 to 10 years.

(3) The act in para.(1) or (2) shall not be punished if, in criminal causes, before the defendant’s arrest, or in all cases, before a decision is uttered or another solution is given following the false testimony, the witness shall withdraw his/her testimony.

(4) If withdrawal of testimony occurs in criminal causes after the defendant’s arrest or in all causes after a decision is pronounced or another solution is given following the false testimony, the court shall reduce the penalty according to Art.92.

(5) Para.(1)-(4) shall apply accordingly also to experts or interpreters.

Attempt to determine false testimony

Art. 336 – (1) The attempt to determine a person by coercion or corruption to make false statements or not to testify in a criminal, civil, disciplinary cause or in any other cause in which witnesses are heard, shall be punished by strict imprisonment from one to 3 years or by  days/fine.

(2) Para.(1) shall apply accordingly also if the act is committed with regard to an expert or interpreter.

Hindrance of participation in a trial

Art.337 – Hindrance of participation of a witness, expert, interpreter or defender in a criminal, civil, disciplinary cause or any other cause, committed by violence, threat or by any other means of coercion against them or their spouse or a close relative shall be punished by strict imprisonment from one to 7 years.

Non-denunciation of certain offences

Art.334 – (1) The act of not denunciating the commission of any of the offences provided in Art.178, 179, 252-255, Art.261-263 para.(2)-(6), Art.264 para.(1), Art.314 and Art.331 shall be punished by strict imprisonment from one to 3 years.

(2) If the act in para.(1) is committed by negligence, the penalty shall be imprisonment from 3 months to one year.

(3) The act in para.(1) or (2) committed by the spouse or a close relative shall not be punished.

(4) A person who, before commencement of criminal prosecution for the offence not denunciated, notifies the qualified authorities concerning that offence or who, even after commencement of the criminal prosecution or after the perpetrators have been discovered, facilitated their arrest, shall not be punished.

Failure to notify judicial bodies

Art.339 – (1) The act of a public servant who, taking cognizance of the commission of an offence connected to the service where he/she works, fails to immediately notify the prosecutor or the body of criminal prosecution, according to the law on criminal procedure, shall be punished by strict imprisonment from one to 5 years.

(2) If the act is committed by a public servant with prerogatives of leadership or control, the penalty shall be strict imprisonment from one to 7 years.

Support for offenders

Art.340 – (1) Help given to an offender, without prior agreement made before or during the commission of the offence, in order to hinder or prevent criminal prosecution, trial or penalty execution or in order to provide the offender with the use or the proceeds of the offence, shall be punished by strict imprisonment from one to 7 years.

(2) The penalty applied to the supporter cannot exceed the penalty provided in the law for the author.

(3) Support of commission by a spouse or a close relative shall not be punished.

Failure to inform judicial bodies

Art.341 – (1) The act of not bringing to the cognizance of judicial bodies certain circumstances that, were they known, would lead to establishing the innocence of a person sent to justice or convicted unjustly or to the release of a person from unjust preventive arrest, shall be punished by imprisonment from 3 months to 1 year or by days/fine.

(2) The act in para.(1) shall not be punished if by informing, the person having this obligation would cause damage for him/herself, his/her spouse or a close relative.

Illegal arrest and abusive prosecution

Art.342 – (1) The act of illegally arresting, or subjecting a person to the execution of a penalty, safety or educatory measures, in other ways than those provided in the law, shall be punished by strict imprisonment from one to 3 years or by days/fine.

(2) The use of promises, threats or violence against a person undergoing criminal prosecution or trial, in order to obtain statements, shall be punished by strict imprisonment from one to 5 years.

(3) The same penalty shall sanction also the use of promises, threats or violence upon a witness, an expert or interpreter.

Torture

Art.343 – (1) An act deliberately causing a person pain or intense suffering, either physically or mentally, in order to obtain from that person or from a third party information or confessions, to punish him/her for an act committed by him/her or a third party or that he/she or a third party is suspected to have committed, to intimidate or exercise pressure on him/her or on a third party, or for any other reason based on a form of discrimination, regardless of its nature, when such pain or suffering is applied by an agent of public authority or by any other person acting in official capacity or upon instigation or with the express or tacit consent of such persons shall be punished by strict imprisonment from 2 to 7 years.

(2) If the act in para.(1) resulted in any of the consequences in Art.186 or Art.187, the penalty shall be strict imprisonment from 5 to 15 years.

(3) Torture that resulted in the victim’s death shall be punished by life detention or by severe detention from 15 to 25 years.

(4) No exceptional circumstance, whatever its nature may be, regardless of whether it is a state of war or of war threats, internal political instability or any other exceptional state, can be invoked to justify torture; also, the order of the law or command of legitimate authority cannot be invoked either.

(5) Acts in para.(1) shall not be offences of torture if the pain or suffering are the exclusive result of legal sanctions and are inherent to these sanctions or caused by them.

Unjust repression

Art.344 – The act of initiating criminal action against, of ordaining the arrest, of sending to justice or of convicting a person, while aware that he/she is not guilty, shall be punished by strict imprisonment from 2 to 7 years.

Allowance of illegal detainment or arrest

Art.345 – The act of a person who, taking cognizance in any way of any illegal detainment or arrest, does not take the legal measures immediately, but no later than 6 hours, although it was a duty inherent to his/her office, shall be punished by strict imprisonment from one to 5 years.

Subjection to ill treatment

Art.346 – Subjection to ill treatment of a person in a state of detainment, detention or executing a security or educatory measure, shall be punished by strict imprisonment from one to 5 years.

Retaining or destroying documents

Art.347 – The act of retaining or destroying a document issued by a body of criminal prosecution, by a law court or by another body of jurisdiction, or hindering in any way the receipt of a document by one of the bodies aforementioned, when such documents are necessary for the resolution of a cause, shall be punished by strict imprisonment from one to 3 years or by days/fine.

Hindrance in the activity of justice

Art.348 – (1) The act of partaking in demonstrations or meetings in the vicinity or in court rooms, when a trial is being judged, in order to intimidate and influence the judgment in any way, shall be punished by strict imprisonment from one to 5 years.

(2) The penalty in para.(1) shall sanction also any threat or act of intimidation committed against a judge, prosecutor, body of criminal prosecution, lawyer, expert or interpreter in order to influence his/her behaviour in the accomplishment of legal duties.

(3) The attempt to determine a person by coercion or corruption not to present proof in a criminal cause shall be punished by imprisonment from one to 3 years or by days/fine.

Escape

Art.349 – (1) Escape from the legal state of confinement or detention shall be punished by strict imprisonment from one to 3 years.

(2) If the act is committed using violence, weapons or other instruments, or by two or more persons together, the penalty shall be strict imprisonment from 2 to 8 years.

(3) The penalty applied for the offence of escape shall be added to the penalty being executed, without exceeding the general maximum of the immediately superior penalty.

Facilitating escape

Art.350 – (1) The act of facilitating escape by any means shall be punished by strict imprisonment from one to 5 years, and if the act was committed by a person in charge of guarding the person who escaped, the penalty shall be strict imprisonment from 2 to 7 years.

(2) The act of facilitating escape according to Art.345 para.(2) shall be punished by strict imprisonment from 2 to 8 years, and if the act was committed by a person in charge of guarding the person who escaped, the penalty shall be strict imprisonment from 3 to 10 years.

(3) The act of facilitating escape of a person confined, under arrest or convicted for an offence for which the law provides a penalty of more than 10 years, shall be punished by strict imprisonment from 3 to 10 years, and if the act was committed by a person charged with guarding the person who escaped, the penalty shall be strict imprisonment from 3 to 12 years.

(4) The act of facilitating escape committed by negligence by a person charged with guarding the person who escaped shall be punished by strict imprisonment from one to 3 years.

Non-abidance by court decisions

Art. 351 – (1) The act of resisting the execution of a court decision, by threat against the body of execution, shall be punished by strict imprisonment from one to 3 years, and if the act was committed by violence, the penalty shall be strict imprisonment from one to 7 years.

(2) The act of preventing a person from using a house or part of a house or building, held based on a court decision shall be punished by strict imprisonment from one to 2 years or by days/fine.

(3) If the act in para.(2) was committed by threat, the penalty shall be strict imprisonment from one to 3 years, and if the act was committed by violence, the penalty shall be strict imprisonment  from one to 5 years.

(4) Non-abidance by court decisions, by eluding their execution of security measures provided in Art.129 c), d) and e) shall be punished by imprisonment from one month to 3 months or by days/fine.

Sanctions for attempt

Art.352 – Attempt to the delicts in Art.337, Art.343 para.(1), Art.349 and Art.350 para.(1)-(3) is punishable.

Sanctions for legal entities

Art.353 – Legal entities shall be sanctioned for the offences provided in Art.336-337, Art.340 and Art.347.

Title VIII

Crimes and delicts of public danger

Chapter I

Crimes and delicts concerning organised crime

Creation of an organised criminal group

Art.354 – (1) The act of initiating or creating an organised criminal group or adhering to it or supporting such a group in any way, shall be punished by severe detention from 15 to 20 years and the prohibition of certain rights.

(2) The penalty for acts in para.(1) cannot exceed the sanction provided in the law for the most serious of the offences intended by the organised criminal group.

(3) If the act in para.(1) was followed by the commission of a delict, the penalty for that delict shall be applied in concurrence with the penalty in para.(1), and if the offence committed is a crime, one can also apply life detention.

(6) Persons in para.(1) who denunciate the organised criminal group to the authorities before it is discovered and before the commission of the offence intended shall not be punished.

(7) A person who committed the act in para.(1) or one of the serious offences intended by the organised criminal group and who, during criminal prosecution or judgment, denounces and facilitates the identification and criminal trial of one or more of the group members, shall enjoy penalty reduction according to Art.92.

Association in order to commit offences

Art.355 – (1) The act of initiating or creating an association or group that does not have the nature of an organised criminal group, in order to commit one or more offences, others than those in Art.286 or adhering to or supporting in any way such an association or group shall be punished by  strict imprisonment from 5 to 15 years, while not exceeding the penalty provided in the law for the most serious of offences intended by the association or group.

(2) If the act in para.(3) was followed by the commission of an offence, the penalty provided for that offence shall be applied in concurrence with the penalty in para.(1).

(6) Persons in para.(1) who denunciate the association or the group to the authorities before it is discovered and before the commission of the offence intended shall not be punished.

Defining the organised criminal group and the serious offence

Art.356 – (1) An “organised criminal group” is a structured group, made up of three or more persons, which exists for a certain period and acts in a coordinated manner for the commission of one or more serious offences, in order to directly or indirectly obtain a financial benefit or another material benefit. A group formed occasionally for the immediate commission of one or more offences and that does not have continuity or a definite structure or pre-established roles for its members within the group shall not be an “organised criminal group”.

(2) A “serious offence” is any offence for which the law provides a penalty of confinement with a special maximum of at least 5 years.

Special provisions on concealment

Art.357 – (1) The offence of concealment provided in Art.267, if the asset emerges from a serious offence committed by one or more members of an organised criminal group, shall be punished by strict imprisonment from 3 to 10 years, while the sanction applied cannot exceed the penalty provided in the law for the serious offence that produced the concealed asset.

(2) Concealment committed by a spouse or a close relative shall not be punished.

Sanctions for legal entities

Art.358 – Legal entities shall be sanctioned for the offences provided in the present chapter.

Chapter II

Delicts against public order

Disturbing public order by violence

Art.359 – (1) The act of partaking in a crowd that is disturbing public order, even if the participants do not break up after three warnings from the law enforcement bodies, shall be punished by imprisonment from one month to one year or by days/fine.

(2) If the participants have committed acts of violence against persons or goods, the penalty shall be strict imprisonment from one to 3 years or days/fine, if the act is not a more serious offence.

Failure to take measures ensuring public order

Art.360 – Failure by the administrators of public and leisure establishments to ensure public order in those establishments, as well as their refusal to support qualified bodies in re-establishing public order or in taking measures  against persons who broke the law, shall be punished by imprisonment from 3 months to one year or by days/fine.

Public instigation and favourable presentation of offences

Art.361 – (1) The act of urging the public by speech, in writing or by any means, not to observe the law or to commit offences shall be punished by imprisonment from 3 months to one year or by days/fine, while not exceeding the penalty provided in the law for the offence to the commission of which the instigation was made.

(2) If the act in para.(1) is committed by a public servant holding an office that involves the exercise of State authority or by a person in Art.281, the penalty shall be strict imprisonment from one to 5 years, while not exceeding the penalty provided in the law for the offence to the commission of which the instigation was made.

(3) If the public instigation resulted in the commission of the offence that was the object of instigation, the penalty shall be the one provided in the law for that offence.

(4) The act of wearing in public uniforms, badges or other such distinctive marks unauthorised, for the purposes in para.(1), shall be punished by imprisonment from 3 months to one year or by days/fine.

(5) The same penalty shall sanction also the public praise to those who committed offences or to the offences they committed.

Manifestations of racism or chauvinistic nationalism

Art.362  – (1) The act of preventing a Romanian citizen from freely establishing his/her nationality or native language, or any abusive modification of data concerning a person’s nationality or native language shall be punished by imprisonment from 3 months to one year or by days/fine.

(2) The act of preventing by any means a person from using a language other than the official State language, as well as of refusing or preventing the free transmission of communication or correspondence if it is spoken or written in a language other than the official one, shall be punished by imprisonment from 3 months to 6 months or by days/fine.

Chauvinistic-nationalist propaganda

Art.363 – Chauvinistic-nationalist propaganda, instigation to hate based on criteria of race or nationality, if the act is not the offence provided in Art.286, shall be punished by strict imprisonment from one to 3 years or by days/fine.

Disturbing the use of habitations

Art.364 – (1) The act of repeatedly disturbing the use of the homes of inhabitants in a building, or of preventing the normal use of the habitation shall be punished by imprisonment from 3 months to one year or by days/fine.

(2) Criminal action is initiated upon prior complaint from the injured person

(3) Reconciliation of parties removes criminal liability.

The exercise of a profession without right

Art.365 – The exercise without right of a profession or of any other activity requiring authorisation according to the law, or exercise in other conditions than the legal ones, if the special law provides that the commission of such acts shall be sanctioned according to criminal law, shall be punished by imprisonment from one month to one year or by days/fine.

Scuffle

Art.366 – (1) Participation to a scuffle between several persons shall be punished by imprisonment from one month to 6 months or by days/fine.

(2) If the scuffle caused any serious injury upon a person’s corporal integrity or health, the perpetrator of this act shall be punished for the offence committed, the maximum of which shall be reduced by one year. The other participants shall be punished by the penalty provided in para.(1).

(3) In the case in para.(2), if it is not known which of the participants committed the acts in that paragraph, the penalty of strict imprisonment from one to 5 years shall be applied to all of them, if injury of corporal integrity or health was caused. In case that death was caused, the penalty shall be strict imprisonment from 3 to 15 years.

(4) A person who has been caught in a scuffle against his/her will, or who tried to separate others, to reject an attack or to defend another person, shall not be punished.

Begging

Art.367 – The act of a person who, while capable to work, repeatedly calls for public charity, requesting material aid, shall be punished by imprisonment from one month to 3 months or by days/fine.

First degree begging

Art.368 – The act of a child’s parent or legal representative who, while being capable to work, uses the child in order to repeatedly call for public charity requesting material aid shall be punished by strict imprisonment from one to 5 years and the prohibition of certain rights.

Organised begging

Art.369 – (1) The act of urging or facilitating the a minor’s begging or the act of having benefits from a minor’s begging shall be punished by strict imprisonment from 2 to 5 years.

(2) The act of recruiting or coercing a minor to beg shall be punished by strict imprisonment from 2 to 7 years.

(3) If the act in para.(1) or (2) is committed by the child’s parent or legal representative, the penalty shall be strict imprisonment from 3 to 7 years and the prohibition of certain rights for para.(1) and strict imprisonment from 3 to 10 years and the prohibition of certain rights for para.(2).

The carrying and  use of side arms without right

Art.370 – (1) The act of carrying, without right, in public places, knives, daggers, poniards, stilettos, or other such dangerous objects shall be punished by imprisonment from 3 months to one year or by days/fine.

(2) The act of carrying, without right, the objects in para.(1) in premises of public authorities, public institutions, institutions or other entities of public interest, in public meetings or in election premises shall be punished by strict imprisonment de  to one to  3 years or by days/fine.

Use and obtainment of weapons with compressed air or compressed gasses

Art.371 – (1) The use in public places of weapons with compressed air or compressed gasses, of objects manufactured on the basis of pyrotechnical mixtures or of devices for electric shocks, for other purposes than legitimate defence, shall be punished by imprisonment from 3 months to one year or by days/fine.

(2) The act of importing or obtaining in any way, in order to sell, without right, weapons with compressed air or compressed gasses, which expulse the projectile at a speed exceeding 220 m/s, except those for sporting purposes, shall be punished by strict imprisonment de one to 3 years or by days/fine.

Sanctions for attempt

Art.372 –Attempt to the delict in Art.369 is punishable.

Sanctions for legal entities

Art.373 – Legal entities shall be sanctioned for the offences provided in Art.360, Art.364, Art.369 para.(1) and (2) and Art.371.

Chapter III

Crimes and delicts against the railway traffic safety

Failure to fulfil service duties or their erroneous fulfilment by negligence

Art.374 – (1) Failure to fulfil service duties or their erroneous fulfilment by negligence, committed by railway employees, if it could have jeopardised the safety of means of rail transportation shall be punished by strict imprisonment from one to 3 years.

(2) When the act in para.(1) resulted in disturbance in the transport activity or a rail accident, the penalty shall be strict imprisonment from 3 to 7 years, and if a railway disaster occurred, the penalty shall be strict imprisonment from 5 to 15 years.

Non-fulfilment of service duties or their erroneous fulfilment in awareness

Art.375 – (1) Non-fulfilment of service duties or their erroneous fulfilment in awareness committed by railway employees, if it could jeopardise the safety of means of rail transportation, shall be punished by strict imprisonment from one to 5 years.

(2) If the erroneous fulfilment or non-fulfilment in awareness shown in para.(1) resulted in disturbance in the transport activity or a rail accident, the penalty shall be strict imprisonment from 3 to 10 years, and if a railway disaster occurred, the penalty shall be severe detention from 15 to 20 years.

Leaving the post and inebriety during service

Art.376 – (1) The act of leaving the post, in any way and under any form, by employees in direct charge of ensuring rail transportation safety, if it could have jeopardised the safety of means of rail transportation, shall be punished by strict imprisonment from 2 to 7 years.

(2) The same penalty shall also sanction the exercise of service prerogatives while inebriated committed by employees in direct charge of ensuring rail transportation safety.

(3) If the acts in para.(1) and (2) caused disturbance in the transport activity or a rail accident,  the penalty shall be strict imprisonment from 5 to 15 years, and when a railway disaster occurred, the penalty shall be severe detention from 15 to 20 years and the prohibition of certain rights.

Destruction and false signalling

Art.377 – (1) The act of destroying, damaging or making unfit for use the railway or the rail installations or the rail telecommunications, as well as any goods or equipment belonging to the rail infrastructure, or of placing obstacles on the railway, if this could have jeopardised the safety of rail transportation, shall be punished by strict imprisonment from 3 to 12 years.

(2) The same penalty shall sanction the commission of acts of false signalling or the commission of any acts likely to mislead the rail personnel during the exercise of service, if these acts could have caused a railway accident or disaster.

(3) If the acts in para.(1) and (2) caused disturbance in the transport activity or a rail accident, the penalty shall be strict imprisonment from 10 to 15 years and the prohibition of certain rights, and when a railway disaster occurred, the penalty shall be life detention or severe detention from 15 to 25 years.

(4) The commission by negligence of the acts in para.(1), (2) and (3) shall be punished for para.(1) and (2) by  strict imprisonment from one to 5 years, and for para.(3) by  strict imprisonment from 3 to 7 years, if disturbance in the transport activity or a rail accident occurred, and by strict imprisonment from 10 to 15 years if a railway disaster occurred.

(5) If any of the acts in this article is committed by a railway employee the maximum of the penalty provided for the act committed shall be applied, and should this maximum be insufficient, the penalty can be applied up to its general maximum.

Railway accidents and disasters

Art.378 – (1) A railway accident is the significant destruction or damaging of the rolling stock or of other railway installations during circulation or during manoeuvres with means of railway transportation.

(2) A railway disaster is the derailment, overturn or crash of a means of railway transportation, or the producing of a similar result, as well as the collision of two means of railway transportation or of a means of railway transportation with a different vehicle, if this caused particularly serious consequences by the death or corporal injury of persons, or by destroying or damaging means of railway transportation, railway installations or the merchandise entrusted for conveyance.

Initiation of criminal action

Art.379 – Criminal action for acts in Art.374 para.(1), Art.375 para.(1) and Art.376 para.(1) and (2) shall be initiated only upon notification from qualified bodies of the railway company.

Sanctions for attempt

Art.380 – Attempt to the delicts in Art.377 para.(1)-(3) is punishable.

Sanctions for legal entities

Art.381 – Legal entities shall be sanctioned for the offences provided in Art.374-375 and Art.377.

Chapter IV

Crimes and delicts against public health

Failure to comply with provisions on importing toxic waste and residue

Art.382 – (1) The following acts shall be punished by strict imprisonment from 2 to 7 years:

a) importing devices, installations, equipment, machinery, substances and products used and worn down belonging to the category of waste the import of which is prohibited;

b) non-adoption or non-compliance with compulsory measures in the development of activities of collection, transport and storage of dangerous waste;

c) selling, losing or abandoning waste during transit through Romanian territory;

d) refusing to execute decisions of qualified authorities concerning the work or activities of producing and managing waste;

e) refusing to return waste to the country of origin if such a measure has been ordained by the competent bodies;

f) conducting any other operations of importing waste and residue of any kind or other merchandise that is dangerous for public health and for the environment or inserting in any way or transiting them on Romanian territory, while not observing legal provisions.

(2) If the acts in para.(1) have endangered the health or corporal integrity of a great number of persons or have resulted in any of the consequences in Art.188 or have caused significant material damage, the penalty shall be strict imprisonment from 3 to 10 years and the prohibition of certain rights, and if the death of one or several persons or major damage to the national economy was caused, the penalty shall be severe detention from 15 to 20 years and the prohibition of certain rights.

Preventing disease combating

Art.383 – Non-compliance with measures concerning the prevention and combating of contagious disease, if it has resulted in the spread of such a disease, shall be punished by imprisonment from one month to one year or by days/fine.

Venereal contamination and transmission of the acquired immunodeficiency syndrome

Art.384 – (1) The transmission of a venereal disease by sexual contact of any nature with a person of the opposite or same sex or by acts of sexual perversion committed by a person who is aware that he/she suffers from such a disease, shall be punished by strict imprisonment from one to 5 years.

(2) Transmission of the acquired immunodeficiency syndrome – AIDS – by a person who is aware that he/she suffers from this disease, shall be punished by strict imprisonment from 5 to 15 years.

(3) The law court shall ordain the security measure of obligation to undergo medical treatment.

Spreading disease among animals or plants

Art.385 – (1) Non-compliance with measures concerning the prevention or combating of contagious disease in animals or plants or of pests, if it has resulted in the spread of such a disease or of pests or other serious consequences shall be punished by strict imprisonment from one to 3 years or by days/fine.

(2) The same penalty shall sanction also the concealment, in awareness, of the occurrence of a contagious disease in animals or plants, as well as non-submission to the application of measures to combat the disease and to prevent the spread of the disease.

Illicit drug trafficking

Art.386 – (1) The act of cultivating, producing, manufacturing, experimenting, extracting, processing, converting, offering, selling, distributing, delivering in any form, sending, transporting, obtaining, buying, possessing or other operations concerning the circulation of risk drugs, without right, shall be punished by strict imprisonment from 3 to 15 years and the prohibition of certain rights.

(2) If the acts in para.(1) concern high risk drugs the penalty shall be severe detention from 15 to 20 years and the prohibition of certain rights.

(3) The penalty in para.(2) shall sanction also the act of taking in or out of the country, as well as importing and exporting risk drugs, without right.

(4) If the act in para.(3) concerns high risk drugs, the penalty shall be severe detention from 15 to 25 years and the prohibition of certain rights.

(5) The act of organising, running or financing the acts in para.(1)-(4), shall be sanctioned by the maximum of the penalty provided for the act committed, and if this maximum is not sufficient, a penalty can be applied up to its general maximum.

Non-compliance with provisions regarding illicit drug administration

Art.387 – (1) The act of cultivating, producing, manufacturing, experimenting, extracting, processing, converting, buying or possessing drugs for one’s own use, without right, shall be punished by strict imprisonment from 2 to 5 years.

(2) The act of making available, in awareness, in any form, a facility, a house or any other arranged place that the public has access to for illicit drug use, or tolerating illicit drug use in such places shall be punished by strict imprisonment from 3 to 10 years and the prohibition of certain rights

(3) The act of prescribing high-risk drugs, deliberately committed by a physician, while this is not necessary from a medical point of view, shall be punished by strict imprisonment from one to 5 years.

(4) The penalty in para.(3) shall sanction also the deliberate issuing or obtainment of high-risk drugs based on a medical prescription in para.(3) or forged medical prescription.

(5) The act of administering high-risk drugs to a person, outside legal conditions, shall be punished by strict imprisonment from one to 5 years.

(6) The act of supplying, for use, toxic chemical inhalants to a minor, shall be punished by strict imprisonment from one to 3 years.

(7) The act of urging some one to use drugs illicitly, by any means, if it is followed by execution, shall be punished by strict imprisonment from one to 5 years, and of the urging is not followed by execution, the penalty shall be strict imprisonment from one to 2 years or days/fine.

(8) The act of organising, running or financing the acts in para.(1)-(7) shall be sanctioned by the maximum of the penalty provided for the act committed, and should this maximum not be sufficient, penalty can be applied up to the general maximum.

Illicit drug traffic and administration resulting in the victim’s death

Art.388 – If the acts in Art.386 para.(1), (2) and (5) and Art.387 para.(1), (3)-(6) and (8) resulted in the victim’s death, the penalty shall be severe detention from 15 to 25 years and the prohibition of certain rights.

Non-abidance by the legal treatment of precursors

Art.389 – (1) The act of producing, synthesising, extracting, experimenting, owning, transporting, selling, placing on the market or any other operations with precursors, without right, shall be punished by strict imprisonment from one to 5 years.

(2) The penalty in para.(1) shall sanction also the sale of precursors by economic agents or natural persons with no authorisation.

(3) If the acts in para.(1) and (2) are committed in order to illicitly produce or manufacture drugs, others than high-risk drugs, the penalty shall be strict imprisonment from 3 to 10 years.

(4) The act of crossing the border with precursors, with no legal documents, shall be punished by strict imprisonment from 3 to 12 years.

(5) The act of producing, manufacturing, importing, exporting, offering, selling, transporting, delivering in any form, sending, obtaining, buying or possessing precursors, equipment or materials, in order to use them in cultivating, producing or manufacturing high risk drugs illicitly shall be punished by strict imprisonment from 3 to 10 years and the prohibition of certain rights.

Trafficking in toxic substances

Art.390 – The production, possession or any other operation relating to the circulation of toxic products, the cultivation for processing of plants that contain such substances or experimenting with toxic products or substances, all these without right, shall be punished by strict imprisonment from 3 to 15 years and the prohibition of certain rights.

Forgery of foods or other products

Art.391 – (1) The act of processing foods or beverages that are forged, altered or prohibited for consumption, harmful for the health, the act of exhibiting for sale or selling such foods or beverages, in awareness that they are forged, altered or prohibited for consumption, shall be punished by strict imprisonment from 2 to 8 years.

(2) The penalty in para.(1) shall sanction also the act of forging or replacing other merchandise or products, if by the forgery or substitution they became harmful for the health.

(3) The act of placing in public consumption meat or meat products coming from slaughtering of animals without veterinary control, if it resulted in a person’s illness, shall be punished by strict imprisonment from 3 to 10 years, and if it resulted in death, the penalty shall be severe detention from 15 to 20 years and the prohibition of certain rights.

(4) If through the acts in para.(1) or (2) injury was caused to one or more persons the recovery of which requires medical care of up to 20 days, the penalty shall be strict imprisonment from 3 to 10 years and the prohibition of certain rights, and if medical care of up to 60 days is required, the penalty shall be strict imprisonment from 5 to 10 years and the prohibition of certain rights.

(5) If the acts in para.(1) or (2) caused injury to one or more persons the recovery of which requires medical care of more than 60 days or any of the consequences in Art.187 para.(2) the penalty shall be strict imprisonment from 5 to 12 years and the prohibition of certain rights, and if they resulted in death, the penalty shall be severe detention from 15 to 20 years and the prohibition of certain rights.

Non-compliance with provisions on the management of recyclable waste

Art.392 – (1) The act, committed by the owner of recyclable industrial waste, of presenting false documents concerning their origin, shall be punished by strict imprisonment from one to 5 years.

(2) Theft of materials, products or equipment in order to sell them as waste, shall be sanctioned according to Art.249. If the act endangered the environment, the health or safety of the population, the penalty shall be the one provided in Art.250 para.(1).

Sanctions for attempt

Art.393 – (1) Attempt to the delicts in Art.382, Art.386 para.(1) and (5), Art.387, Art.390 and Art.391 para.(1)-(3) is punishable.

(2) The production or obtainment of the means or instruments, as well as the taking of measures to commit offences in Art.386 para.(1)-(5) and Art.387 para.(1)-(8) shall also be considered attempt.

Sanctions for legal entities

Art.394 – Legal entities shall be sanctioned for the offences provided in Art.382-383 and Art.385-392.

Chapter V

Crimes and delicts against the environment

Violation of rules on the protection of the atmosphere

Art.395 – (1) Failure to take measures to stop the operation of installations representing a major risk for the quality of air found by the qualified authorities, as well as failure to notify them, shall be punished by strict imprisonment from one to 5 years.

(2) If the act in para.(1) resulted in the serious corporal injury of a person or endangered the health or corporal integrity of a great number of persons or caused significant material damage, the penalty shall be strict imprisonment from 5 to 10 years and the prohibition of certain rights.

(3) If the act in para.(1) resulted in the death of one or more persons or major damage to national economy, the penalty shall be severe detention from 15 to 20 years and the prohibition of certain rights.

Violation of rules on water protection

Art.396 – (1) The act of expelling, throwing or injecting into surface or subterranean waters, into inner sea waters or into territorial sea waters used water, waste, residue or products of any kind, which contain substances, bacteria or microbes, in a quantity or concentration that can change characteristics of the water, thus jeopardising the life, health and corporal integrity of persons, the life of animals, the environment, agricultural or industrial production or the piscatorial supply, shall be punished by strict imprisonment from one to 5 years.

(2) The penalty in para.(1) shall sanction also the following acts:

a) polluting, in any way, water supplies, if this has a systematic nature and causes damage to the users of water downstream;

b) discharging used waters and waste from ships or floating platforms directly into natural waters;

c) pollution by expelling or sinking into natural waters dangerous substances or waste directly or from ships or floating platforms;

d) storing, in the major channel of rivers, nuclear fuel or waste emerging from its use.

(3) Storage or use of chemical fertilisers, pesticides or other toxic dangerous substances, in the water protection areas, shall be punished by strict imprisonment from one to 3 years or by days/fine.

(4) Commission of the acts in para.(1) and (2) by negligence shall be punished by strict imprisonment from one to 3 years or by days/fine, and that of the acts in para.(3), by imprisonment from 6 months to one year or by days/fine.

(5) If the acts in para.(1)-(3) resulted in the serious corporal injury of a person or have endangered the health or corporal integrity of a great number of persons or caused significant material damage, the penalty shall be strict imprisonment from 5 to 10 years and the prohibition of certain rights.

(6) If the acts in para.(1)-(3) resulted in the death of one or more persons, in the mass poisoning of the population, in epidemics or in major damage to the national economy, the penalty shall be severe detention from 15 to 20 years and the prohibition of certain rights.

Violation of rules on water management

Art.397 – (1) The act of executing, modifying or expanding works, constructions or installations on waters or that are connected to waters, without legal approval or without notifying such work, as well as beginning the exploitation of such units, without a concomitant beginning of the use of sewage networks, stations and installations for filtering the used water, according to the authorisation for water management, shall be punished by strict imprisonment from one to 3 years or by days/fine.

(2) The same penalty shall sanction also:

a) the act of exploiting or maintaining works built on water or in connection with water, of melting linden, hemp, flax and other textile plants, of tanning leather and extracting mineral aggregates, without authorisation of water management;

b) the act of exploiting mineral aggregates in areas of sanitary protection of water sources, in areas of protection of river beds, banks, hydro-technical constructions, hydrometrical constructions and installations or installations for automatic measuring of water quality;

c) the use of minor river beds, without authorisation of water management, as well as of the sea beach and shore in other purposes than bathing or walking;

d) continuing the activity after losing the rights obtained according to the law.

(3) Acts in para.(1) and (2) committed by negligence shall be punished by imprisonment from 6 months to 1 year or by days/fine.

Violating rules on the use of potable water

Art.398 – (1) The act of restricting the use of potable water for the population for the benefit of other activities or exceeding the amount of water allotted, if this has a systematic nature or has caused disturbance in the activity of an unit of social protection or has caused malfunctions in the supply of water to the population, shall be punished by strict imprisonment from one to 3 years or by days/fine.

(2) Commission of the act in para.(1) by negligence shall be punished by imprisonment from 6 months to one year or by days/fine.

Destruction of water protection works

Art.399 – (1) The destruction, damaging or operation by unauthorised persons of dams, gratings, valves, barriers or other hydro-technical constructions or installations, shall be punished by strict imprisonment from one to 3 years or by days/fine.

(2) The same penalty shall sanction also the act of carrying out digging, making holes or ditches in the dams, dikes or in the protection areas of these works, as well as extracting the land or other materials from the protection work, without approval from water management or by non-abidance by it.

(3) Commission of the acts in para.(1) and (2) by negligence shall be punished by imprisonment from 6 months to one year or by days/fine.

Violation of rules on soil protection

Art.400 – (1) The act of bringing into the country cultures of micro-organisms, live plants and animals belonging to the wild flora and fauna, without approval from the central public authority for environment protection, shall be punished by strict imprisonment from 2 to 7 years.

(2) The penalty in para.(1) shall sanction also the failure, in awareness, to take measures for the total removal of dangerous chemical substances that have become waste, not supervising and not securing storage facilities for waste and dangerous substances, as well as refusal to intervene in case of accidental pollution of waters and coastal areas.

(3) The following shall be punished by severe imprisonment from one to 5 years:

a) transporting or transiting products for phyto-sanitary use, dangerous substances or waste for which authorisation is required, without having this authorisation;

b) producing, delivering or using chemical fertilisers and products of phyto-sanitary use that do not comply with the EC quality norms;

c) not complying with the norms for the use of phyto-sanitary products or chemical fertilisers on agricultural terrain;

d) not complying with the obligation to store chemical fertilisers and phyto-sanitary products only packed and in protected places;

e) causing, because of non-supervision of sources of ionizing radiation, contamination of the environment and exposure of the population to ionizing radiation;

f) failing to immediately report an increase over the limits allowed in environment contamination;

g) inappropriate application or failure to take measures of intervention in case of nuclear accident;

h) uncontrolled storage of household, industrial and animal  waste in areas not expressly established for this and unauthorised, resulting in severe damage to the soil and pollution of the environment;

i) not complying with legal obligations on the storage in places of specific destination and recycling recyclable waste.

(4) If the acts in para.(1)-(3) resulted in the serious corporal injury of a person or has endangered the health or corporal integrity of a great number of persons or caused significant material damage, the penalty shall be strict imprisonment from 5 to 10 years and the prohibition of certain rights.

(5) If the acts in para.(1)-(3) resulted in the death of one or more persons or in major damage to national economy, the penalty shall be severe detention from 15 to 20 years and the prohibition of certain rights.

Violation of rules on forest protection

Art.401 – The act of breaking up the wood vegetation outside the forest fund, located on terrains with very steep slopes or at the top limit of forest vegetation, if the acts have been likely to endanger human, animal or vegetal life, or health, shall be punished by imprisonment from 3 months to one year or by days/fine.

Acoustic pollution

Art.402- The act of making sounds that exceed the legal limits, deliberately and repeatedly, if this seriously endangers the health of persons, shall be punished by imprisonment from 3 months to one year or by days/fine.

Accidental pollution

Art.403– Accidental pollution, because of non-supervised execution of new works, operation of installations, technological equipment for treatment and neutralisation provided in the environment agreement or authorisation, shall be punished by imprisonment from 3 months to one year or by days/fine.

Sanctions for attempt

Art.404 – Attempt to the delicts in Art.395 para.(1), Art.396 para.(1)-(3), Art.397 para.(1) and (2), Art.398 para.(1), Art.399 para.(1) and (2) and Art.400 para.(1)-(3) is punishable.

Sanctions for legal entities

Art.405 – Legal entities shall be sanctioned for the offences provided in the present chapter.

Chapter VI

Crimes and delicts concerning the legal treatment of weapons, ammunition, radioactive material and explosives

Non-compliance with the legal treatment of weapons and ammunition

Art.406 – (1) The act of possessing, carrying, manufacturing, transporting, as well as any operation concerning the circulation of weapons and ammunition or the operation of workshops for repairing weapons, without right, shall be punished by strict imprisonment from2 to 8 years.

(2) The penalty in para.(1) shall sanction also the failure to hand over the weapon or ammunition within the term appointed by the law to the qualified body, by the person whose request for prolongation of permit validity has been rejected.

(3) The following shall be punished by strict imprisonment from 3 to 10 years:

a) possession, alienation or carrying, without right, hidden weapons or military weapons, as well as ammunition for such weapons;

b) possession, alienation or carrying, without right, several weapons except those in (a), as well as panoply weapons or the respective ammunition in large quantities.

(4) The act of carrying weapons without right, in the premises of authorities or of public institutions, in public meetings or election premises, shall be punished by strict imprisonment from 5 to 12 years.

Non-compliance with the legal treatment of nuclear material or of other radioactive material

Art.407 – (1) The act of receiving, possessing, using, surrendering, altering, alienating, dispersing, displaying, transporting or diverting nuclear material or other radioactive material, as well as any operation related to the circulation, research, designing, location, production, construction or assembling of nuclear objects or installations, beginning operation, exploiting, altering, closing, importing or exporting nuclear installations, without right, shall be punished by strict imprisonment from 3 to 10 years and the prohibition of certain rights.

(2) Theft or destruction of nuclear material or of other radioactive materials, as well as development, manufacture, possession, import, export or transit of nuclear weapons or of any nuclear explosive devices shall be punished by imprisonment from 5 to 12 years.

(3) If the acts in para.(1) and (2) caused a public danger or had any of the consequences in Art.187 or 188, the penalty shall be strict imprisonment from 5 to 15 years and the prohibition of certain rights.

(4) If the acts in para.(1) and (2) had particularly serious consequences, the penalty shall be severe detention from 15 to 20 years and the prohibition of certain rights, and if they caused death of one or more persons, the penalty shall be life detention or severe detention from 15 to 25 years and the prohibition of certain rights.

(5) The total or partial removal from operation of supervision and control equipment, if the act is not justified by nuclear security or by radio-protection, shall be punished by strict imprisonment from one to 3 years or by days/fine, if the act is not a more serious offence.

(6) If the act in para.(5) is committed by negligence, the penalty shall be imprisonment from 6 months to one year or  days/fine.

Non-compliance with the legal treatment of explosives

Art.408 – (1) The act of producing, experimenting with, processing, possessing, transporting or using explosive material or any other operations related to these materials, without right, shall be punished by strict imprisonment from 3 to 10 years and the prohibition of certain rights.

(2) Theft of explosives shall be punished by strict imprisonment from 5 to 12 years and the prohibition of certain rights.

(3) Acts in para.(1) and (2), if they have caused public danger or have had any of the consequences in Art.187 and 188 or have caused material damage, shall be punished by strict imprisonment from 5 to 15 years and the prohibition of certain rights.

(4) When the acts in para.(1) and (2) concern an amount exceeding 1 kg TNT equivalent or when the amount of explosive is accompanied by instructions for use, the penalty shall be severe detention from 15 to 20 years and the prohibition of certain rights.

(5) If the acts in para.(1), (2) and (4) have resulted in particularly serious consequences, the penalty shall be severe detention from 15 to 20 years and the prohibition of certain rights, and if they caused the death of one or more persons, the penalty shall be life detention or severe detention from 15 to 25 years and the prohibition of certain rights.

Sanctions for attempt

Art.409 – Attempt to the delicts in Art.406, Art.407 para.(1) and (2) and Art.408 para.(1) and (2) is punishable.

Sanctions for legal entities

Art.410 – Legal entities shall be sanctioned for the offences provided in the present chapter.

Chapter VII

Crimes and delicts concerning the quality of constructions and dams

Non-compliance with legal provisions on authorising constructions

Art.411 – The act of executing, with no authorisation for construction or closing down or in violation of its provisions, works that require such authorisation, of continuing the execution of works after their halt is ordained by the body of control, as well as compiling or signing technical projects and projects for the authorisation of constructions for a speciality other than those certified by university degree according to the law, shall be punished by strict imprisonment from one to 3 years or by days/fine.

Non-compliance with legal provisions on the quality of constructions

Art.412 – (1) The act of designing, checking, making expertise, realising a construction or altering it, in violation of the technical regulations on stability and resistance, if this could cause loss of human lives, serious injury of corporal integrity or health of one or more persons, the total or partial destruction of the construction, the destruction or damaging of important installations or machinery or other particularly serious consequences, shall be punished by strict imprisonment from 5 to 10 years and the prohibition of certain rights.

(2) If any of the consequences in para.(1) occurred, the penalty shall be severe detention from 15 to 20 years and the prohibition of certain rights.

3) The continuation of the construction work executed inappropriately and halted by order of the control bodies because they affect the resistance and stability of the construction, shall be punished by strict imprisonment from one to 3 years or by days/fine.

Non-compliance by the provisions on the quality of dams

Art.413 – The following acts shall be punished by strict imprisonment from one to 3 years or by days/fine:

a) executing dams without agreement of safe operation of the dam;

b) operating dams without authorisation for operation in safety conditions, thus endangering the population and the environment;

c) not declaring dams owned and their features;

d) not applying the measures established by expertise approved by the qualified body, if the act endangers the safety of the construction and causes serious consequences for the population or the environment;

e) damaging or destroying the devices for measurement and control placed in the dams or using non-standardised devices.

Sanctions for legal entities

Art.414 – Legal entities shall be sanctioned for the offences provided in the present chapter.

Title IX

Delicts against cultural values and against intellectual property

Chapter I

Delicts against national cultural heritage and against the national archival fund

Non-compliance with the legal protection of assets

Art.415 – (1) The act of alienating, hiding or any other act that causes the loss to the national cultural heritage or to the national archival fund of an asset that, according to the law, is a part of that heritage or fund, shall be punished by strict imprisonment from 2 to 7 years.

(2) If loss of the asset from the heritage or fund in  para.(1) was caused by the commission of an act that is in itself another offence, the rules on concurrence of offences shall apply.

(3) The act in para.(1) shall not be punished if, before the decision remains final, the perpetrator removes the result of the offence, returning the asset to that heritage or fund.

Crossing the border with archive documents

Art.416 – The act of crossing the border with documents that are part of the National Archival Fund of Romania or of alienating them to foreign natural persons or legal entities, without authorisation from the National Archives, shall be punished by imprisonment from 3 to 7 years, if the act is not a more serious offence.

Non-compliance with the measures of protection of movable national heritage

Art.417 – (1) The act of executing copies, casts, posthumous editions or facsimiles of filed movable cultural assets, without written approval from the owner of the right to administer the heritage or from the owner, shall be punished by strict imprisonment from one to 3 years or by days/fine.

(2) The copies, casts, posthumous editions or facsimiles in para.(1) shall be confiscated and sent into the administration of the specialised public institutions, with approval from the National Commission of Museums and Collections.

(3) The act of forging filed movable cultural assets, for commercial purposes or for any other purposes, shall be punished by strict imprisonment from one to 5 years.

(4) The act of destroying, damaging or making unfit for use a filed movable cultural asset, or of preventing the preservation or rescue measures for such an asset, as well as of removing the measures taken shall be punished by strict imprisonment from 2 to 7 years.

Illegal export of movable cultural assets

Art.418 – (1) The act of carrying out export operations with movable cultural assets without an export certificate shall be punished by strict imprisonment from 2 to 7 years.

(2) The movable cultural assets that were the object of illegal export shall be confiscated and sent into the administration of the specialised public institutions, with approval from the National Commission of Museums and Collections.

(3) If the act in para.(1) resulted in the loss of a filed movable cultural asset, the penalty shall be strict imprisonment from 3 to 10 years.

(4) The act of carrying out any operations for the export of filed movable cultural assets of public property or of movable cultural assets filed in the treasury, which are the property of natural or legal persons of private law, shall be punished by strict imprisonment from 3 to 10 years, and the assets shall be confiscated and sent into the administration of the specialised public institutions, with approval from the National Commission of Museums and Collections.

Illegal import of movable cultural assets

Art.419  – (1) Bringing on the territory of the Romanian State, as well as holding, trading, organizing exhibitions or any other operation regarding the circulation of the movable cultural assets or resulted from dismemberment of movable cultural assets, being a part of the cultural patrimony of a foreign state, and which have been exported illegally, is punished by strict imprisonment from 3 to 10 years.

(2)Goods provided in para.(1) shall be confiscated and transmitted to specialized institutions, in order to be preserved and returned to the state to whose patrimony they belong.

Provision of confidential data on the national movable cultural heritage

Art.420 – The act of providing confidential data concerning the national movable cultural heritage to other natural or legal persons than those provided in the law shall be punished by imprisonment from 6 months to one year or by days/fine.

Changing the judicial category of a movable cultural asset

Art.421 – The act of transferring a movable cultural asset from one judicial category of cultural heritage into another, as well as the act of removing a movable cultural asset from records while not observing the legal provisions, shall be punished by imprisonment from 6 months to one year or by days/fine.

Carrying out illegal work upon assets in the cultural heritage

Art.422 – (1) The act, committed by unauthorised natural or legal persons, of conducting detection or digging into archaeological sites, shall be punished by strict imprisonment from one to 5 years.

(2) The penalty in para.(1) shall sanction also the act of melting or any form of altering filed movable cultural assets that are held under any title by the National Bank of Romania, by the State Mint or by the other banks.

(3) The act of conducting preservation or restoration work on filed movable cultural assets, committed by persons not accredited and having no certificate of free practice, shall be punished by imprisonment from 6 months to one year or by days/fine.

(4) The penalty in para.(3) shall sanction also the unauthorised activity of laboratories and workshops carrying out work of restoration and preservation of filed movable cultural assets.

Sanctions for attempt

Art.423 – Attempt to the delicts in Art.416, Art.417 and Art.419 and Art.422 para.(1) is punishable.

Sanctions for legal entities

Art.424 – Legal entities shall be sanctioned for the offences provided in the present chapter.

Chapter II

Delicts against intellectual property

Forgery of the object of an invention and appropriation, without right, of the capacity of an inventor

Art.425 – (1) The act of forging or using, without right, the object of an invention, as well as the appropriation, without right, in any manner, of the capacity of an inventor, shall be punished by strict imprisonment from one to 3 years or by days/fine.

(2) Criminal action is initiated upon prior complaint from the injured person.

(3) Reconciliation of parties removes criminal liability.

Placing forged objects in circulation

Art.426 – The act of placing in circulation the forged products or of using the object of an invention, without right, shall be punished by strict imprisonment de  to one to 3 years or by days/fine.

Non-compliance with measures of protection for industrial designs and models

Art.427 – (1) Appropriation, without right, in any manner, of the capacity of author of an industrial design or model, shall be punished by strict imprisonment from one to 3 years or by days/fine.

(2) Reproduction, without right, of an industrial design or model in order to manufacture products of identical appearance, manufacture, offering for sale, sale, import, use or storage of such products in order to put them in circulation or use them, without agreement of the holder of the registration certificate for that industrial design or model, during its validity period, shall be sanctioned by the penalty provided in para.(1).

(3) Criminal action is initiated upon prior complaint from the injured person. Reconciliation of parties removes criminal liability.

Disclosure of data included in the request for patent or in the request for registration of industrial designs or models

Art.428 – The disclosure, by the personnel of the State Office for Inventions and Marks, as well as by the persons carrying out work connected to the inventions or industrial designs or models, of the data included in the request for patent or in the request for registration, prior to their publication, shall be punished by strict imprisonment from one to 3 years or by days/fine.

Non-compliance with measures for protecting the topography of integrated circuits

Art.429 – (1) The act of exploiting, without authorisation from the owner, a registered topography of integrated circuits, shall be punished by strict imprisonment from one to 3 years or by days/fine.

(2) Criminal action is initiated upon prior complaint from the injured person. Reconciliation of parties removes criminal liability.

Non-compliance with measures for protecting marks and geographical indications

Art.430 – (1) The following acts shall be punished by strict imprisonment from one to 3 years or by days/fine:

a) forging, imitating or using without right a mark, in order to mislead the public on the quality of products or services to which the mark refers;

b) placing in circulation, without right, a product bearing a mark that is identical or similar to a registered mark for products identical or similar and that prejudice the owner of the registered mark;

c) placing in circulation products bearing geographical indications suggesting that the product concerned originates from a geographical region, other than the actual place of origin, in order to mislead the public on the product’s geographical origin.

(2) Criminal action is initiated upon prior complaint from the injured person. Reconciliation of parties removes criminal liability.

Disloyal use of marks or geographical indications

Art.431 – (1) The use of marks or geographical indications, in a manner that is contrary to loyal practice in the industrial or commercial activity, in order to mislead consumers, shall be punished by imprisonment from 6 months to one year or by days/fine.

(2) Criminal action is initiated upon prior complaint from the injured person. Reconciliation of parties removes criminal liability.

Producing and placing in circulation of pirate wares and devices

Art.432 – (1) The production for commercial purposes, by any means and in any way, of pirate wares or devices for access control, as well as the import, transit or any other modality to let in the internal market, is punished by strict imprisonment from 3 to 5 years.

(2) Distribution or possession, for commercial purposes, of pirate wares or devices for access control, in stores which are specialized in distribution of wares bearer copyrights or rights connected to copyrights, is punished by strict imprisonment from 2 to 5 years.

(3) Storage and transport, for commercial purposes, of pirate wares or devices, is punished by strict imprisonment from one to 5 years.

(4) Is punished by strict imprisonment from 1 to 3 years, if two administrative sanctions for acts of the same sort have previously been applied, the perpetration of the following acts:

a) Distribution of pirate wares or devices or possession of these, for the purpose of distribution, when these acts are perpetrated in public, except for those perpetrated in stores specialised in distribution of wares bearer copyrights or rights connected to copyrights;

b) Offering for sale or rent of pirate wares, by presenting their covers or the pirate wares catalogue.

(5) If the acts provided in para.(1)-(3) have produced extremely serious consequences, these are punished by strict imprisonment from 5 to 10 years. In such case, the calculus of the damages is made taking into account the pirate wares possessed in the circumstances provided in para. (1)-(3) and the price in lei/unit of the similar original wares, at the date of the perpetration of the crime

(6) The rental of pirate wares or devices for access control, as well as offering for selling or rental of these, by public advertisement or by electronic means of communication is punished by strict imprisonment of 1 to 3 years.

(7) Pirate wares means: all the copies produced without the author or the legal authorized persons’ consent, and which are produced directly or indirectly, in whole or in part, after a ware bearer of copyrights or rights connected to copyrights.

(8) Pirate devices for access control means any unauthorized device produced in order to facilitate access to encoded television programs.

(9) The commercial purpose is presumed if the pirate ware is identified at the headquarters or in the transport devices of the economic agents which have, as an economic activity, the reproduction, distribution, rental, storage or the transport of wares bearer of copyrights or rights connected to these rights.

(10) It shall not be punished the person who, prior to the beginning of the criminal pursuit, denounces to the competent authorities his/her participation in an association or agreement with the view of committing one of the acts provided in para.(1)-(6), having as a result the identification and punishment of the other participants.

(11) The person who committed one of the acts provided in para.(1)-(6) and who, during the pursuit, denounces and facilitates the identification and punishment of other persons which have committed offences related to pirate wares devices for access control, shall have the special limits of the punishment reduced by half.

Refusal to cooperate to the competent authorities

Art.433 – Refusal to declare to the qualified bodies the origin of the pirate wares or devices for access control is punished by strict imprisonment of 1 to 2 years or by days/fine.

Making the goods bearing rights available to the public

Art.434 – Making available to the public the goods bearing IP rights, associated rights or sui generis rights of the data bases producers, without the consent of the holders, so that the public may access them at any place and time chosen individually, shall be punished with strict imprisonment from one year to four years or with days-fine.

The unauthorised reproduction of the computer programs

Art.435 – (1) The unauthorised reproduction on IT systems of software applications in any of the following ways: installing, storing, running or executing, displaying or transmitting via a network shall be punishable by strict imprisonment from one year to four years or with days-fine.

(2) The criminal action shall be initiated upon prior complaint of the injured person. Reconciliation of the parties removes the criminal liability.

Infringement of the norms concerning the protection of patrimonial IP rights and associated rights

Art.436 – (1) The following actions committed without the prior authorisation or assent from the IP right or associated right holder, if they do not constitute a more serious offence, shall be punishable with strict imprisonment from one year to three years or with days/fine:

a) distributing the works or products bearing IP associated rights;

b) importing, on the internal market, of copies of the works or products bearing IP associated rights, made with the assent of the holders;

c) the rental of works or products bearers of associated rights;

d) the public communication of works, other than musical productions, or of products bearers of associated rights;

e) the broadcast of works or of products bearers of associated rights;

f) the re-transmission via cable of works or products bearers of associated rights;

g) the creation of derived works;

h) the recording, for commercial purposes, of the interpretations or artistic performances, or of radio or television broadcasts.

(2) By products bearers of associated rights the following shall be understood: recorded interpretations or artistic performances, phonograms, videos or the radio and television institutions’ own broadcasts or services.

(3) The criminal action shall be initiated upon prior complaint of the injured person. Reconciliation of the parties removes the criminal liability.

Infringement of the norms concerning the protection of non patrimonial copyrights

Art.437 – (1) The deed of the person who unlawfully assumes the capacity of author of a work or the deed of the person who makes public a work under a name different from the name established by its author is punished by strict imprisonment from 1 to 5 years or days-fine.

(2) The criminal action shall be initiated upon prior complaint of the injured person. Reconciliation of the parties removes the criminal liability.

Infringement of the technical measures of protection and of information regarding the regime of copyrights and of associated rights

Art.438 – (1) The deed of the person who produces, imports, distributes or rents, offers, by any modality, for sale or rental or possesses, with a view to commercialise, devices or components which allow the neutralization of technical measures of protection or who performs services which lead to the neutralization of technical measures of protection, including the digital area, is punished with strict imprisonment from 1 to 3 years or with days-fine.

(2) It shall be punished with strict imprisonment from 1 to 3 years or with days-fine, the deed of the person who, without the consent of the rights owners:

a) removes, for commercial purposes, from works or other protected products or modifies any information in electronic shape regarding the regime of copyrights or of enforceable associated rights inscribed on them ;

b) unlawfully distributes, imports for the purpose of distributing, broadcasts or communicates publicly or puts at the disposal of the public, in order to be accessed in any place and at any time chosen individually, by digital means, works or other protected products for which the information existing in electronic shape regarding the regime of copyrights or of associated rights have been removed or modified without authorisation, being aware that this allows, facilitates, provokes or hides a crime provided at art. 434 – 437.

The sanctioning of the legal person

Art.439 – The legal personis sanctioned for the crimes provided at art.425-427, art.429-432 and art.434-438.

Title X

Delicts against computer data and systems

Chapter I

Delicts against confidentiality and integrity of computer data and systems

Illegal access to a computer system

Art.440 – (1) Access, without right, to a computer system shall be punished by strict imprisonment from one to 3 years or by days/fine.

(2) The act in para.(1) committed in order to obtain computer data shall be punished by strict imprisonment from one to 5 years.

(3) If the act in para.(1) or (2) is committed by violation of security measures, the penalty shall be strict imprisonment from 3 to 12 years.

Illegal interception of a computer data transmission

Art.441 – (1) Interception without right of non-public transmissions of computerdata to, from or within a computer system shall be punished by strict imprisonment from  2 to 7 years.

(2) The same penalty shall sanction the interception, without right, of an electromagnetic emission coming from a computer system containing non-public computer data.

Altering computer data integrity

Art.442 – (1) The act of altering, deleting or damaging computer data or restricting access to this data, without right, shall be punished by strict imprisonment from 2 to 7 years.

(2) Unauthorised data transfer from a computer system shall be punished by strict imprisonment from 3 to 12 years.

(3) The penalty in para.(2) shall sanction also unauthorised data transfer from a computer data storage medium.

Disturbing the operation of computer systems

Art.443 – The act of seriously disturbing, without right, the operation of a computer system by inputting, transmitting, altering, deleting, damaging or restricting access to computer data shall be punished by strict imprisonment from 3 to 15 years.

Illegal operations with computer devices or programs

Art.444 – (1)The following shall be punished by strict imprisonment from one to 6 years:

a) the act of producing, selling, importing, distributing or otherwise making available, without right, a computer device or program conceived or adapted in order to commit one of the offences provided in Art.433-436;

b) the act of producing, selling, importing, distributing or otherwise making available, without right, a password, an access code or other such computer data which allows total or partial access to a computer system in order to commit one of the offences provided in Art.433-436.

(2) The same penalty shall sanction also the possession, without right, of a device, computer program, password, access code or computer data such as those provided in para.(1) in order to commit one of the offences in Art.433-436.

Chapter II

Computer delicts

Computer forgery

Art.445 – The act of inserting, altering, deleting or restricting access to computer data without right, if the act results in inauthentic data, in order to use them for producing a legal consequence, shall be punished by strict imprisonment from 2 to 7 years.

Computer fraud

Art.446 – The act of causing loss of property to a person by inserting, altering or deleting computer data, by restricting access to it or by hindering in any way the operation of a computer system, in order to obtain an economic benefit for oneself or for another, shall be punished by strict imprisonment from 3 to 12 years.

Chapter III

Common provisions

Sanctions for attempt

Art.447 – Attempt to the delicts in the present title is punishable.

Sanctions for legal entities

Art.448 – Legal entities shall be sanctioned for the offences provided in the present title. – nedefinitivat.

Meaning of certain terms or phrases

Art.449– (1) For the purposes of the present title:

a) „computer system“ means any device or a group of inter-connected or related devices, one or more of which, pursuant to a program, performs automatic processing of data;

b) “computer program” means any collection of commands that can be executed by a computer system in order to obtain a pre-determined result;

c) „computer data“ means any representation of facts, information or concepts in a form suitable for processing in a computer system. This category also includes any computer program suitable to cause a computer system to perform a function;

d) “security measures” means the use of any specialised procedures, devices or computer programs by which access to a computer system is restricted or prohibited for certain user categories.

(2) For the purposes of the present title, a person acting without right is a person in one of the following situations:

a) not authorised, on grounds of the law or a contract,

b) exceeding limits of authorisation;

c) not having permission, from the natural or legal person qualified, according to the law to grant it, to use, manage or control a computer system or to conduct scientific research or to conduct any other operation in a computer system.

Title XI

Crimes and delicts against economy, industry and trade

Chapter I

Delicts against economic life

Profiteering with products that cannot be the object of private trade and pawn-broking

Art.450 – (1) The commission of one of the following acts:

a) purchase in order to resell industrial or agricultural products that cannot be the object of private trade according to the law;

b) purchase of industrial or agricultural products in order to process and resell them, if the results of the processing cannot be the object of private trade according to the law;

shall be punished by strict imprisonment from one to 5 years.

(2) The same penalty shall sanction also the following acts:

a) operations of money or securities lending, carried out with a professional title by unauthorised persons, directly or by simulated acts, if the interest rate established exceeds the interest provided in the law;

b) operations of money or securities lending, carried out by unauthorised persons, directly or by simulated acts, if, a capitalisation of the interest is established for interests due in a period under a year.

Disclosure of economic secrecy

Art.451 – (1) The act of disclosing secret information, relating to the service, committed by a person who is aware of it thanks to service prerogatives, if the act is likely to cause damage, shall be punished by strict imprisonment from 2 to 7 years.

(2) If the act in para.(1) is committed by another person, in order to obtain undue advantage for oneself or for another, the penalty shall be strict imprisonment from one to 5 years.

Non-compliance with provisions on import and export operations

Art.452 – The act of conducting any unauthorised acts considered by the law to be operations of export, import or transit, shall be punished by strict imprisonment from 2 to 7 years.

Disloyal competition

Art.453 – The act of manufacturing or placing in circulation products bearing false names of origin or indications of provenance, as well as the act of applying false mentions concerning invention patents on products placed in circulation or of using trade names or names of trade or industrial organisations, in order to mislead the beneficiaries, shall be punished by strict imprisonment from one to 3 years or by days/fine.

Embezzlement

Art.454 – (1) The act of changing the destination of pecuniary funds or of material resources, while violating legal provisions, if the act caused disturbance in the economic-financial activity or caused damage to a public authority or institution, shall be punished by strict imprisonment from one to 5 years.

(2) If the act in para.(1) has had particularly serious consequences, the penalty shall be strict imprisonment from 5 to 15 years and the prohibition of certain rights.

(3) The use of funds emerging from the pledge for a local public debt for other purposes than the ones approved, as well as providing erroneous data for the documentation presented in order to obtain authorisation to pledge or secure external loans, shall be punished by strict imprisonment from one to 5 years.

(4) The same penalty shall sanction also the use of funds in Lei and in foreign currency, emerging from the pledge for a public debt, for other purposes than the ones approved, as well as providing erroneous data for the documentation presented in order to obtain endorsements necessary in order to pledge for or secure external loans.

Deceitful measurement

Art.455 – The act of deceiving by the use of inaccurate measuring instruments or by the fraudulent use of accurate measuring instruments, shall be punished by strict imprisonment from one to 5 years.

Deceit relating to the quality of merchandise

Art.456 – (1) The act of forging or replacing merchandise or any other products, as well as displaying for sale or selling such goods, in awareness that they are forged or replaced, shall be punished by strict imprisonment from one to 7 years.

(2) If the merchandise or products became harmful to the health by the forging or replacement, the provisions of Art.391 para.(2) shall apply.

(3) The act of forging or replacing raw matter or material used in the manufacture or processing of foods, as well as in their delivery in awareness that they have been manufactured or processed from forged or replaced raw matter or material, shall be sanctioned by the penalty provided in para.(1).

(4) If the forgery or replacement of raw matter or materials, foods have become harmful to the health, the penalty shall be the one provided in Art.391 para.(2).

Sanctions for attempt

Art.457 – Attempt to the delicts in Art.455 and Art.456 is punishable.

Sanctions for legal entities

Art.458 – Legal entities shall be sanctioned for the offences provided in Art.450 and Art.451-456.

Chapter II

Offences against the fiscal regime

The unlawful embezzlement of equity stocks or of assets

Art.459.– The assignment or embezzlement by the administrator, director or legal representative of the authorised contractor or of a company, in any form, of shares, of social shares or of fixed assets belonging to the authorised contractor or to a contractor whose authorisation was cancelled or annulled in accordance with the Fiscal Code, without informing the competent fiscal authority with at least 60 days before the accomplishment of this operation, with a view to performing the financial-fiscal control, is punished with strict imprisonment from 1 to 2 years.

The infringement of the fiscal regime of alcohol

Art.460.– The perpetration of one of the following deeds by the administrator, director or legal representative of the authorised contractor or of a company:

a) the purchase of ethylic alcohol and of distilled products from suppliers other than the contractors authorised for production or the importers authorised for such products according to the Fiscal Code;

b) the use of pure alcohol, of ethylic alcohol and of industrial spirit as raw material for the production of alcoholic drinks of any kind, is punished with strict imprisonment from 1 to 3 years.

The infringement of the fiscal regime of mineral oils

Art.461. – (1) The perpetration of one of the following deeds by the administrator, director or legal representative of the authorised contractor or of a company:

a) the purchase of mineral oils resulted from the processing of crude oil or of other raw materials from suppliers other than the contractors authorised for production or importers authorised according to the Fiscal Code;

b) the purchase of un-excisable mineral oils, resulted from the processing of crude oils or of other raw materials, which have the flammability point under 85⁰C, otherwise than directly to the final users, which utilise these products for industrial purposes;

c) the commercialisation, through gas stations pumps, of other mineral oils than those from the category of GPL, of auto petrol and Diesel oils which correspond to the national standards of quality, is punished with strict imprisonment from 1 to 3 years.

(2) The delivery of mineral oils by contractors authorised for production, without presenting to the buyer – legal person of the payment documents which prove the transfer to the state budget of the value of excises correspondent to the quantity to be invoiced, is punished with strict imprisonment from 2 to 7 years.

Sanctioning the attempt

Art.462.– The attempt to the offences provided at art. 459-461 shall be punished.

Sanctioning the legal person

Art.463.– The legal person is sanctioned for the offences provided at art. 459-461.

Chapter III

Crimes and delicts against public trust

Forgery of coinage or other values

Art.464 – (1) The act of forging metallic coinage, paper coinage, public credit titles, cheques, titles/deeds of any kind for payment, electronic payment instruments, issued by competent credit institutions or of forging any other similar securities, shall be punished by strict imprisonment from 3 to 12 years and the prohibition of certain rights.

(2) The same penalty shall sanction also the act of placing in circulation, by any means, the forged values in para.(1), or of possessing them in order to place them in circulation.

(3) If the acts in para.(1) and (2) could have caused significant damage to the financial system, the penalty shall be strict imprisonment from 5 to 15 years and the prohibition of certain rights, and if they have caused significant damage to the financial system, the penalty shall be severe detention from 15 to 20 years and the prohibition of certain rights.

Forgery of stamps, marks or transportation tickets

Art.465 – The act of forging stamps, postage stamps, post envelopes, postcards, travel or transportation tickets or sheets, international reply coupons, or placing in circulation such forged values, shall be punished by strict imprisonment from one to 5 years.

Forgery of foreign values

Art.466 – The provisions in the present chapter shall apply also in case the offence concerns coinage or stamps belonging to other States or other foreign values.

Possession of instruments for the forgery of values

Art.467 – The act of manufacturing or possessing instruments or materials in order to use them in the manufacture of values or titles in Art.464-466, shall be punished by strict imprisonment from one to 5 years.

Forging official instruments

Art.468 – The act of forging a seal, a stamp or a marking instrument used by public authorities or institutions shall be punished by strict imprisonment from one to 4 years or by days/fine.

Use of forged official instruments

Art.469 – (1) The use of forged instruments in Art.468, shall be punished by strict imprisonment from one to 3 years or by days/fine.

(2) The same penalty shall sanction also the use without right of a seal or a stamp containing the emblem of the country.

Material forgery in official documents

Art.470 – (1) The act of forging an official document by counterfeiting the writing or the signatures or by altering it in any way, likely to produce a legal consequence, shall be punished by strict imprisonment from one to 4 years.

(2) The forgery in para.(1), committed by an employee during the exercise of service prerogatives, shall be punished by strict imprisonment from one to 5 years.

(3) Tickets or any other printed documents producing legal consequences are equated with official documents.

Intellectual forgery

Art.471 – The act of forging an official document when it is drawn up, committed by an employee during the exercise of service prerogatives or by a person exercising a service of public interest, by certifying untrue acts or circumstances or by omitting, in awareness, to insert certain data or circumstances, shall be punished by strict imprisonment from one to 5 years.

Forgery of documents under private signature

Art.472 – The forgery of a document under private signature by any of the means in Art.470, if the perpetrator uses the forged document or gives it to another person for use, in order to produce legal consequences shall be punished by strict imprisonment from one to 3 years or by days/fine.

Use of forgery

Art.473 – The use of an official document or of a document under private signature, while aware that it was forged, in order to produce legal consequences, shall be punished by strict imprisonment from one to 4 years when the document is official and by strict imprisonment from one to 3 years or by days/fine when the document is under private signature.

Forged declarations

Art.474 – The act of making an untruthful declaration before a public authority or institution, in order to produce a legal consequence, for oneself or for another, when, according to the law or to the circumstances, the declaration made is used to produce that consequence, shall be punished by strict imprisonment from one to 3 years or by days/fine.

Forged identity

Art.475 – (1) The presentation under a false identity or the act of ascribing such an identity to another person, in order to mislead or maintain the deceit of a public authority or institution, in order to produce a legal consequence for oneself or for another, shall be punished by strict imprisonment from one to 3 years.

(2) The same penalty shall sanction also the act of handing over a document that proves civil status or identification, in order for it to be used without right.

Forgery concerning the use of the “Red Cross” emblem

Art.476 – (1) The use without right of the emblem or the name “Red Cross” or of an emblem or a name equated with this, as well as the use of any sign or name that is an imitation of such an emblem or name, if the act has caused material damage, shall be punished by imprisonment from one month to 1 year or by days/fine.

(2) If the act is committed in wartime, the penalty shall be strict imprisonment from one to 5 years.

Sanctions for attempt

Art.477 – Attempt to the delicts in Art.464, Art.465, Art.468, Art.470, Art.471 and Art.472 is punishable.

Sanctions for legal entities

Art.478 – Legal entities shall be sanctioned for the offences provided in the present chapter.

Chapter IV

Crimes and delicts against the financial interests of European Communities

Non-compliance with the norms concerning the obtainment of funds from the budgets of European Communities

Art.479 – (1) The act of using or presenting false, inaccurate or incomplete documents or declarations, which have as effect the misappropriation of funds from the general budget of the European Communities from budgets managed by, or on behalf  of the European Communities, shall be punished by strict imprisonment from 3 to 15 years and the prohibition of certain rights.

(2) The same penalty shall sanction also the act of intentionally omitting to provide, in awareness, the data requested according to the law for the obtainment of funds from the general budget of the European Communities from budgets managed by, or on behalf of the European Communities, if the act resulted in the unjust obtainment of these funds.

(3) If the acts in para.(1) and (2) have caused particularly serious consequences, the penalty shall be severe detention from 15 to 20 years and the prohibition of certain rights.

Embezzlement of funds from the general budgets of European Communities

Art.480 – (1) The act of changing, in violation of legal provisions, the destination of funds obtained from the general budget of the European Communities or from budgets managed by, or on behalf of the European Communities, shall be punished by strict imprisonment from one to 5 years.

(2) If the act in para.(1) caused particularly serious consequences, the penalty shall be strict imprisonment from 5 to 15 years and the prohibition of certain rights.

(3) The act of changing, in violation of legal provisions, the destination of a legally obtained benefit, if the act results in the illegal diminution of resources in the general budget of the European Communities or from budgets managed by, or on behalf of the European Communities, shall be sanctioned by the penalty provided in para.(1).

Illegal diminution of resources in the budgets of European Community

Art.481 – (1) The use or presentation of false, incorrect or incomplete documents or statements, resulting in the illegal diminution of resources of the general budget of the European Communities or of budgets managed by, or on behalf of the European Communities, shall be punished by strict imprisonment from 3 to 15 years and the prohibition of certain rights.

(2) The same penalty shall sanction also the act of ommitting to provide, in awareness, the data requested according to the law, if the act results in the illegal diminution of resources in the general budget of the European Communities or of budgets managed by, or on behalf of the European Communities.

(3) If the acts in para.(1) and (2) have caused particularly serious consequences, the penalty shall be severe detention from 15 to 20 years and the prohibition of certain rights.

Sanctions for attempt

Art.482 – Attempt to the delicts in Art.479-481 is punishable.

Negligence that causes damage to the financial interests of European Communities

Art.483 – The violation by negligence, committed by the director, administrator or the person in charge of control or making decisions in an economic agent, of a service duty, by not fulfilling it or by fulfilling it inappropriately, if it has resulted in the commission of one of the offences provided in Art.479-481 or in the commission of an offence of corruption or money laundering linked to the funds of European Communities, committed by a person subordinated to him/her or acting on behalf of that economic agent, shall be punished by strict imprisonment from one to 5 years and the prohibition of certain rights.

Sanctions for legal entities

Art.484 – Legal entities shall be sanctioned for the offences provided in the present chapter.

Title XII

Crimes and delicts against the country’s capacity for defence

Chapter I

Crimes and delicts committed by members of the military

Unjustified absence

Art.485 – (1) Unjustified absence from the unit or from service, that exceeded 24 hours but no more than 3 days, of an active member of the military or of a concentrated member of the armed forces having a degree equal to the one granted to the active member of the military shall be punished by imprisonment from 3 months to one year.

(2) The penalty applied to active members of the military shall be executed in a military prison.

(3) During wartime, the unjustified absence from the unit or service of any member of the armed forces, which exceeded 4 hours but no more than 24 hours, shall be punished by strict imprisonment from one to 5 years.

Desertion

Art.486 – (1) Unjustified absence of any member of the armed forces from the unit or from service, exceeding 3 days, shall be punished by strict imprisonment from one to 7 years.

(2) During wartime, the unjustified absence of any member of the armed forces from the unit or service, exceeding 24 hours, shall be punished by strict imprisonment from 3 to 12 years.

Transgression of orders

Art.487 – (1) The transgression of rules pertaining to the guard, watch, accompaniment or security service, shall be punished by imprisonment from 3 months to one year.

(2) The penalty in para.(1) shall sanction also the leaving of command or of any other post by the member of the armed forces.

(3) The act of transgressing orders committed by the sentinel during guard or watch service near storage facilities containing weapons, ammunition or other explosive materials, near the frontier or in other posts of particular military or State interest, or if the act could have had serious consequences, shall be punished by strict imprisonment from one to 5 years.

(4) Acts in para.(1)-(3) committed during wartime shall be punished by strict imprisonment from 3 to 12 years.

Insubordination

Art.488 – (1) Refusal to carry out an order concerning a service duty shall be punished by strict imprisonment from one to 2 years.

(2) If the act is committed by an officer, by a military master or by a non-commissioned officer, by a hired member of the military, by one or more members of the military together or before the gathered troops or if the act has serious consequences, the penalty shall be strict imprisonment from one to 5 years.

(3) During wartime, the penalty for the act in para.(1) is strict imprisonment from 2 to 7 years, and for the act in para.(2), from 3 to 12 years.

Striking a superior

Art.489 – (1) The act of striking a superior committed by the inferior or of striking the chief committed by a subordinated person, shall be punished by strict imprisonment from one to 2 years.

(2) If the person was struck during exercise of service prerogatives, the penalty shall be strict imprisonment from one to 5 years.

(3) If the acts in para.(1)-(2) are committed during wartime, the maximum of penalties shall be increased by 2 years.

Striking an inferior

Art.490 – (1) The act of striking an inferior or a subordinated person committed by a superior or chief, shall be punished by imprisonment from one month to 1 year.

(2) The provisions of para.(1) shall not apply during wartime, if the acts were determined by a military necessity.

Initiation of criminal action

Art.491 – Criminal action for the offences in Art.485 – 490 shall be initiated only upon notification from the commanding officer.

Surrender

Art.492 – The act committed by the commanding officer of handing over to the enemy the armed forces under his/her command, of leaving into the enemy’s hands, destroying or making unfit to use the combat means or other means necessary for waging a war, while this was not determined by combat conditions, shall be punished by life detention or by severe detention from 15 to 25 years and the prohibition of certain rights.

Leaving the battlefield

Art.493 – The act of leaving the battlefield or of refusing to act, committed during combat, or of handing over in captivity, or of committing other such acts likely to benefit the enemy, shall be punished by life detention or by severe detention from 15 to 25 years and the prohibition of certain rights.

Unauthorised flight

Art.494 – (1) The act of flying an aircraft belonging to the Romanian armed forces, without prior authorisation, as well as of not complying with flight rules, if this jeopardises flight security in the aerial space or security of the aircraft, shall be punished by strict imprisonment from one to 2 years.

(2) If the act provided in the previous paragraph has caused serious consequences, the penalty shall be strict imprisonment from one to 5 years, and if it has caused disaster, the penalty shall be severe detention from 15 to 20 years and the prohibition of certain rights.

Abandoning ship

Art.495 – (1) The act of abandoning a military ship in case of wreck, committed by the commanding officer before having fully exercised service duties, as well as by any other persons that are part of the ship’s crew, without order from the commanding officer, shall be punished by strict imprisonment from one to 5 years.

(2) The same act committed during wartime shall be punished by life detention or by severe detention from 15 to 25 years and the prohibition of certain rights.

Leaving command

Art.496 – (1) The act of leaving command by the commanding officer of a ship or of a group of military ships, in situations that could have jeopardised the military ship or ships or the crew, shall be punished by strict imprisonment from 2 to 7 years.

(2) If the act of leaving command was committed during combat, by the commander of a military ship or  group of ships, the penalty shall be life detention or severe detention from 15 to 25 years and the prohibition of certain rights.

Failure to take necessary measures in naval operations

Art.497– The act committed by a commanding officer of a military ship or group of ships who, without having been stopped by an order or without having been prevented by his/her special mission, did not take the necessary measures for attack, for fighting the enemy, for helping a ship, belonging to the Romanian state or to an allied country, that is being followed by the enemy or that is engaged in combat, or did not take the necessary measures to destroy an enemy convoy, or did not follow the enemy’s war or commercial ships, shall be punished by life detention or severe detention from 15 to 25 years and the prohibition of certain rights.

Lowering the flag

Art.498 – The act of lowering the flag during combat, in order to benefit the enemy’s cause, committed by the commanding officer of a military ship or group of ships, as well as by any other person on board, shall be punished by life detention or by severe detention from 15 to 25 years and the prohibition of certain rights.

Collision

Art.499 – (1) The act of a commanding officer of a military ship or of any other person on board the ship, which caused, by negligence, collision or brought the ship on land, if the act resulted in serious damage to the ship or in other serious consequences, shall be punished by strict imprisonment from one to 3 years.

(2) If the act in para.(1) was committed deliberately, the penalty shall be severe detention from 15 to 20 years and the prohibition of certain rights.

(3) During wartime, the act in para.(2) shall be punished by life detention or by severe detention from 15 to 25 years and the prohibition of certain rights.

Sanctions for attempt

Art.500 – Attempt to the delicts in Art.494, Art.495 para.(1), Art.496 para.(1) and Art.499 para.(1) is punishable.

Offences concerning aircraft

Art.501 – Art.495-500 shall apply accordingly also with regard to military aircraft.

Chapter II

Delicts committed by the military and by civilians

Instigating members of the military to disobey duties

Art.502 – (1) Any act of instigating members of the military to disobey laws and to break their military oath or duties, shall be punished by strict imprisonment from one to 5 years.

(2) The same penalty shall sanction also the following acts:

a) instigating members of the military summoned by the law court not to fulfil this duty;

b) instigating civil personnel at service for the army not to fulfil legal duties of national defence.

Eluding military service

Art.503 – (1) The act of a person who self-inflicts injury to corporal integrity or health, simulates an illness or disability, uses false documents or any other means, in order to elude military service, shall be punished by strict imprisonment from one to 5 years, and, during wartime, by strict imprisonment from 3 to 10 years.

(2) Criminal action is initiated only upon notification from the commanding officer.

Defeatism

Art.504 – The dissemination or publication during wartime of rumours or false information relating to the country’s economic and political status, to the moral status of the population in connection to the initiation of war and to the developments of the war, as well as the commission of other such acts likely to weaken the population’s moral resistance, shall be punished by strict imprisonment from 5 to 12 years and the prohibition of certain rights.

Robbing persons fallen on the battlefield

Art.505 – (1) The act of robbing the dead or injured of the objects they have upon them on the battlefield, shall be punished by strict imprisonment from 3 to 10 years and the prohibition of certain rights.

(2) The same penalty shall sanction also the act in para.(1), which, while not committed on the battlefield, is the consequence of a war operation.

Use of the Red Cross emblem during military operations

Art.506 – The use, without right, during wartime and in connection to military operations, the emblem or name of the “Red Cross” or the other equated emblems or names, shall be punished by strict imprisonment from 3 to 7 years.

Eluding military requisitions

Art.507 – (1) Unjustified refusal to make available to the armed forces the goods legally requisitioned, the act of eluding the fulfilment of these obligations, or of not declaring in a census the goods subject to requisitioning, shall be punished by strict imprisonment from one to 2 years or by days/fine.

(2) If the act is committed during wartime, the penalty shall be strict imprisonment from one to 5 years.

Chapter III

Delicts committed by civilians

Eluding recruitment

Art.508 – (1) The act of eluding recruitment during peacetime shall be punished by imprisonment from one month to 3 months or by days/fine.

(2) The act of eluding recruitment during wartime shall be punished by strict imprisonment from one to 5 years.

Failure to present oneself for incorporation or concentration

Art.509 – (1) Failure to present oneself for incorporation or concentration within 3 days from notification, and if the term appointed for presentation is greater than 3 days, failure to appear within this term committed by the person summoned by the military authority, shall be punished by strict imprisonment from one to 5 years.

(2) The penalty in para.(1) shall sanction also the failure of persons incorporated or concentrated to appear at the unit they have been assigned to.

(3) During mobilisation or wartime, as well as in case of urgent call, expressly provided in the calling order, the presentation terms are those specified in the order. In case of failure to appear, the penalty shall be strict imprisonment from 3 to 10 years.

(4) The terms for presentation in para.(1)-(3) shall be increased by 10 days if the persons called are abroad.

Initiation of criminal action

Art.510 – Criminal action for the offences in Art.508 and 509 is initiated only upon notification from the commanding officer.

Final provisions

Art.511 – The provisions in the general part of this code shall apply also to acts criminally sanctioned through other special laws, if the law does not provide otherwise.

Art.512 – The present Code shall enter into force within one year from the date when it is published in the Official Gazette of Romania.

Наказателен кодекс на Федерална република Германия

Criminal Code (Strafgesetzbuch, StGB)

As promulgated on 13 November 1998 (Federal Law Gazette I, p. 945, p. 3322).

Translation provided by the Federal Ministry of Justice and reproduced with kind permission.

General Part

Chapter One

The Criminal Law

Title One

Area of Applicability

Section 1 No Punishment Without a Law

An act may only be punished if its punishability was determined by law before the act was committed.

Section 2 Temporal Applicability

(1) The punishment and its collateral consequences are determined by the law which is in force at the time of the act.

(2) If the threatened punishment is amended during the commission of the act, then the law shall be applicable which is in force at the time the act is completed.

(3) If the law in force upon the completion of the act is amended before judgment, then the most lenient law shall be applicable.

(4) A law, which was intended to be in force only for a determinate time, shall be applicable to acts committed while it was in force, even if it is no longer in force. This shall not apply to the extent a law provides otherwise.

(5) Subsections (1) through (4) shall apply, correspondingly, to forfeiture, confiscation and rendering unusable.

(6) Unless the law provides otherwise, decisions as to measures of reform and prevention shall be according to the law which is in force at the time of judgment.

Section 3 Applicability to Domestic Acts

German criminal law shall apply to acts, which were committed domestically.

Section 4 Applicability to Acts on German Ships and Aircraft

German criminal law shall apply, regardless of the law of the place where the act was committed, to acts which are committed on a ship or in an aircraft, which is entitled to fly the federal flag or the national insignia of the Federal Republic of Germany.

Section 5 Acts Abroad Against Domestic Legal Interests

German criminal law shall apply, regardless of the law of the place the act was committed, to the following acts committed abroad:

1. preparation of a war of aggression (Section 80);

2. high treason (Sections 81 to 83);

3. endangering the democratic rule of law:

(a) in cases under Sections 89 and 90a subsection (1), and Section 90b, if the perpetrator is a German and has his livelihood in the territorial area of applicability of this law; and

(b) in cases under Sections 90 and 90a subsection (2);

4. treason and endangering external security (Sections 94 to 100a);

5. crimes against the national defense:

(a) in cases under Sections 109 and 109e to109g; and

(b) in cases under Sections 109a, 109d and 109h, if the perpetrator is a German and has his livelihood in the territorial area of applicability of this law;

6. abduction and casting political suspicion on another (Sections 234a, 241a), if the act is directed against a person who has his domicile or usual residence in Germany;

6a. child stealing in cases under Section 235 subsection (2), no. 2, if the act is directed against a person who has his domicile or usual residence in Germany;

7. violation of business or trade secrets of a business located within the territorial area of applicability of this law, an enterprise, which has its registered place of business there, or an enterprise with its registered place of business abroad, which is dependent on an enterprise with its registered place of business within the territorial area of applicability of this law and constitutes with it a group;

8. crimes against sexual self-determination:

(a) in cases under Section 174 subsections (1) and (3), if the perpetrator and the person, against whom the act was committed are Germans at the time of the act and have their livelihoods in Germany; and

(b) in cases under Sections 176 to 176b and 182, if the perpetrator is a German;

9. termination of pregnancy (Section 218), if the perpetrator at the time of the act is a German and has his livelihood in the territorial area of applicability of this law;

10. false unsworn testimony, perjury and false affirmations in lieu of an oath (Sections 153 to 156) in a proceeding pending before a court or other German agency within the territorial area of applicability of this law, which is competent to administer oaths or affirmations in lieu of an oath;

11. crimes against the environment in cases under Sections 324, 326, 330 and 330a, which were committed in the area of Germany’s exclusive economic zone, to the extent that international conventions on the protection of the sea permit their prosecution as crimes;

11a. crimes under Section 328 subsection (2), nos. 3 and 4 subsections (4) and (5), also in conjunction with Section 330, if the perpetrator is a German at the time of the act;

12. acts, which a German public official or a person with special public service obligations commits during his official stay or in connection with his duties;

13. acts committed by a foreigner as a public official or as a person with special public service obligations;

14. acts which someone commits against a public official, a person with special public service obligations, or a soldier in the Federal Armed Forces during the discharge of his duties or in connection with his duties;

14a. bribery of a member of parliament (Section 108e) if the perpetrator is a German at the time of the act or the act was committed in relation to a German;

15. trafficking in organs (section 18 of the Transplantation Law), if the perpetrator is a German at the time of the act.

Section 6 Acts Abroad Against Internationally Protected Legal Interests

German criminal law shall further apply, regardless of the law of the place of their commission, to the following acts committed abroad:

1. genocide (Section 220a);

2. serious criminal offenses involving nuclear energy, explosives and radiation in cases under Sections 307 and 308 subsections (1) to (4),Section 309 subsection (2) and Section 310;

3. assaults against air and sea traffic (Section 316c);

4. trafficking in human beings (Section 180b) and serious trafficking in human beings (Section 181);

5. unauthorized distribution of narcotics;

6. dissemination of pornographic writings in cases under Section 184 subsection (3) and (4);

7. counterfeiting of money and securities (Sections 146, 151 and152), payment cards and blank Eurochecks (Section 152a subsections (1) to (4), as well as their preparation (Sections 149,151,152 and 152a subsection (5);

8. subsidy fraud (Section 264);

9. acts which, on the basis of an international agreement binding on the Federal Republic of Germany, shall also be prosecuted if they are committed abroad.

Section 7 Applicability to Acts Abroad in Other Cases

(1) German criminal law shall apply to acts, which were committed abroad against a German, if the act is punishable at the place of its commission or the place of its commission is subject to no criminal law enforcement.

(2) German criminal law shall apply to other acts, which were committed abroad if the act is punishable at the place of its commission or the place of its commission is subject to no criminal law enforcement and if the perpetrator:

1. was a German at the time of the act or became one after the act; or

2. was a foreigner at the time of the act, was found to be in Germany and, although the Extradition Act would permit extradition for such an act, is not extradited, because a request for extradition is not made, is rejected, or the extradition is not practicable.

Section 8 Time of the Act

An act is committed at the time the perpetrator or the inciter or accessory acted, or in case of n omission, should have acted. The time when the result occurs is not determinative.

Section 9 Place of the Act

(1) An act is committed at every place the perpetrator acted or, in case of an omission, should have acted, or at which the result, which is an element of the offense, occurs or should occur according to the understanding of the perpetrator.

(2) Incitement or accessoryship is committed not only at the place where the act was committed, but also at every place where the inciter or accessory acted or, in case of an omission, should have acted or where, according to his understanding, the act should have been committed. If the inciter or accessory in an act abroad acted domestically, then German criminal law shall apply to the incitement or accessoryship, even if the act is not punishable according to the law of the place of its commission.

Section 10 Special Provisions for Juveniles and Young Adults

This law shall apply to the acts of juveniles and young adults only to the extent that the Jvenile Court Law does not provide otherwise.

Title Two

Terminology

Section 11 Terms Relating to Persons and Subject Matter

(1) Within the meaning of this law:

1. a relative is whoever belongs among the following persons:

(a) relations by blood or marriage in direct line, the spouse, the fiancé, siblings, the spouses of siblings, siblings of spouses, even if the marriage upon which the relationship was based no longer exists, or when the relationship by blood or marriage has ceased to exist;

(b) foster parents and foster children;

2. a public official is whoever, under German law:

(a) is a civil servant or judge;

(b) otherwise has an official relationship with public law functions or;

(c) has been appointed to a public authority or other agency or has been commissioned to perform duties of public administration without prejudice to the organizational form chosen to fulfill such duties;

3. a judge is, whoever under German law is a professional or honorary judge;

4. a person with special public service obligations is whoever, without being a public official, s employed by, or is active for:

(a) a public authority or other agency, which performs duties of public administration; or

(b) an association or other union, business or enterprise, which carries out duties of public administration for a public authority or other agency, and is formally obligated by law to fulfill duties in a conscientious manner;

5. an unlawful act is only one which fulfills all the elements of a penal norm;

6. the undertaking of an act is its attempt and completion;

7. a public authority is also a court;

8. a measure is every measure of reform and prevention, forfeiture, confiscation and rendering unusable;

9. compensation is every consideration consisting of a material benefit;

(2) An act is also intentional within the meaning of this law, if it fulfills the statutory elements of an offense, which requires intent in relation to the conduct, even if only negligence is required as to the specific result caused thereby.

(3) Audio and visual recording media, data storage media, illustrations and other images shall be the equivalent of writings in those provisions which refer to this subsection.

Section 12 Serious Criminal Offenses and Less Serious Criminal Offenses

(1) Serious criminal offenses are unlawful acts that are punishable by a minimum of imprisonment for one year or more.

(2) Less serious criminal offenses are unlawful acts that are punishable by a minimum of a lesser term of imprisonment or a fine.

(3) Aggravation or mitigation, which are provided under the provisions of the General Part or for especially serious or less serious cases, shall be irrelevant to this classification.

Chapter Two

The Act

Title One

Bases of Punishability

Section 13 Commission by Omission

(1) Whoever fails to avert a result, which is an element of a penal norm, shall only be punishable under this law, if he is legally responsible for the fact that the result does not occur, and if the omission is equivalent to the realization of the statutory elements of the crime through action.

(2) The punishment may be mitigated pursuant to Section 49 subsection (1).

Section 14 Acting for Another

(1) If someone acts:

1. as an entity authorized to represent a legal person or as a member of such an entity;

2. as a partner authorized to represent a commercial partnership; or

3. as a statutory representative of another,

then a law, according to which special personal attributes, relationships or circumstances (special personal characteristics) forms the basis of punishability, shall also be applicable to the representative, if these characteristics do not, in deed, pertain to him, but exist as to the person represented.

(2) If the owner of a business or someone otherwise so authorized:

1. commissions a person to manage a business, in whole or in part; or

2. expressly commissions a person to perform on his own responsibility duties which are incumbent on the owner of the business,

and if this person acts on the basis of this commission, then a law, according to which special personal characteristics are the basis of punishability shall also be applicable to the person commissioned, if these characteristics do not, indeed, pertain to him, but exist as to the owner of the business. Within the meaning of Sentence 1, an enterprise is the equivalent of a business. If someone acts on the basis of a corresponding commission for an agency which performs duties of public administration, then Sentence 1 (3) Subsections (1) and (2) shall also be applicable if the legal act which was intended to form the basis of the power of representation or the agency is void.

Section 15 Intentional and Negligent Conduct

Only intentional conduct is punishable, unless the law expressly provides punishment for negligent conduct.

Section 16 Mistake about Circumstances of the Act

(1) Whoever upon commission of the act is unaware of a circumstance which is a statutory element of the offense does not act intentionally. Punishability for negligent commission remains unaffected.

(2) Whoever upon commission of the act mistakenly assumes the existence of circumstances which would satisfy the elements of a more lenient norm, may only be punished for intentional commission under the more lenient norm.

Section 17 Mistake of Law

If upon commission of the act the perpetrator lacks the appreciation that he is doing something wrong, he acts without guilt if he was unable to avoid this mistake. If the perpetrator could have avoided the mistake, the punishment may be mitigated pursuant to Section 49 subsection (1).

Section 18 More Serious Punishment Due to Particular Results of the Act

If the law links a more serious punishment to a particular result of the act, it affects the perpetrator or the inciter or accessory only if he can at least be charged with negligence in relation to the result.

Section 19 A Child’s Lack of Capacity to be Adjudged Guilty

Whoever upon commission of the act is under fourteen years of age lacks capacity to be adjudged guilty.

Section 20 Lack of Capacity to be Adjudged Guilty due to Emotional Disorders

Whoever upon commission of the act is incapable of appreciating the wrongfulness of the act or acting in accordance with such appreciation due to a pathological emotional disorder, profound consciousness disorder, mental defect or any other serious emotional abnormality, acts without guilt.

Section 21 Diminished Capacity to be Adjudged Guilty

If the capacity of the perpetrator to appreciate the wrongfulness of the act or to act in accordance with such appreciation is substantially diminished upon commission of the act due to one of the reasons indicated in Section 20, then the punishment may be mitigated pursuant to Section 49 subsection (1).

Title Two

Attempt

Section 22 Definition of Terms

Whoever, in accordance with his understanding of the act, takes an immediate step towards the realization of the elements of the offense, attempts to commit a crime.

Section 23 Punishability for an Attempt

(1) An attempt to commit a serious criminal offense is always punishable, while an attempt to commit a less serious criminal offense is only punishable if expressly provided by law.

(2) An attempt may be punished more leniently that the completed act (Section 49a subsection (1)).

(3) If the perpetrator, due to a gross lack of understanding, fails to recognize that the attempt could not possibly lead to completion due to the nature of the object on which, or the means with which it was to be committed, the court may withhold punishment or in its own discretion mitigate the punishment (Section 49 subsection(2)).

Section 24 Abandonment

(1) Whoever voluntarily renounces further execution of the act or prevents its completion shall not be punished for an attempt. If the act is not completed due in no part to the contribution of the abandoning party he shall not be punished if he makes voluntary and earnest efforts to prevent its completion.

(2) If more than one person participate in the act, whoever voluntarily prevents its completion will not be punished for an attempt. However his voluntary and earnest efforts to prevent the completion of the act shall suffice for exemption from punishment, if the act is not completed due in no part to his contribution or is committed independently of his earlier contribution to the act.

Title Three

Perpetration And Incitement Or Accessoryship

Section 25 Perpetration

(1) Whoever commits the crime himself or through another shall be punished as a perpetrator.

(2) If more than one person commit the crime jointly, each shall be punished as a perpetrator (co-perpetrator).

Section 26 Incitement

Whoever intentionally induces another to intentionally commit an unlawful act, shall, as an inciter, be punished the same as a perpetrator.

Section 27 Accessoryship

(1) Whoever intentionally renders aid to another in that person’s intentional commission of an unlawful act shall be punished as an accessory. (2) The punishment for the accessory corresponds to the punishment threatened for the perpetrator. It shall be mitigated pursuant to Section 49 subsection (1).

Section 28 Special Personal Characteristics

(1) If special personal characteristics (Section 14 subsection(1)) establishing the perpetrator’s punishability are not present in relation to the inciter or accessory, then his punishment shall be mitigated pursuant to Section 49 subsection(1). (2) If the law provides that special personal characteristics aggravate, mitigate or exclude punishment, then this shall apply only to the participants (the perpetrator or the inciter or accessory) as to whom they exist.

Section 29 Independent Punishability of the Participant

Every participant shall be punished according to his own guilt irrespective of the guilt of the other.

Section 30 Attempted Participation

(1) Whoever attempts to induce or incite another to commit a serious criminal offense shall be punished according to the provisions governing serious criminal offense attempt. However the punishment shall be mitigated pursuant to Section 49 subsection (1). Section 23 subsection (3) shall apply accordingly.

(2) Whoever declares his willingness, whoever accepts the offer of another, or whoever agrees with another to commit or incite the commission of a serious criminal offense, shall be similarly punished.

Section 31 Abandonment of Attempted Participation

(1) Whoever voluntarily:

1. renounces the attempt to induce another to commit a serious criminal offense, and averts any existing danger that the other may commit the act;

2. after he has declared his willingness to commit a serious criminal offense, renounces his plan; or

3. after he agrees to commit a serious criminal offense, or accepts the offer of another to commit a serious criminal offense, prevents the commission of the act,

shall not be punished under Section 30.

(2) If the act does not take place due in no part to the contribution of the abandoning party, or if it is committed independently of his previous conduct, then his voluntary and earnest efforts to prevent the act suffice for exemption from punishment.

Title Four

Necessary Defense And Necessity

Section 32 Necessary Defense

(1) Whoever commits an act, required as necessary defense, does not act unlawfully.

(2) Necessary defense is the defense which is required to avert an imminent unlawful assault from oneself or another.

Section 33 Excessive Necessary Defense

If the perpetrator exceeds the limits of necessary defense due to confusion, fear or fright, then he shall not be punished.

Section 34 Necessity as Justification

Whoever, faced with an imminent danger to life, limb, freedom, honor, property or another legal interest which cannot otherwise be averted, commits an act to avert the danger from himself or another, does not act unlawfully, if, upon weighing the conflicting interests, in particular the affected legal interests and the degree of danger threatening them, the protected interest substantially outweighs the one interfered with. This shall apply, however, only to the extent that the act is a proportionate means to avert the danger.

Section 35 Necessity as Excuse

(1) Whoever, faced with an imminent danger to life, limb or freedom which cannot otherwise be averted, commits an unlawful act to avert the danger from himself, a relative or person close to him, acts without guilt. This shall not apply to the extent that the perpetrator could be expected under the circumstances to assume the risk, in particular, because he himself caused the danger or stood in a special legal relationship; however the punishment may be mitigated pursuant to Section 49 subsection

(1), if the perpetrator was not required to assume the risk with respect to a special legal relationship.

(2) If upon commission of the act the perpetrator mistakenly assumes that circumstances exist, which would excuse him under subsection (1), he will only be punished, if he could have avoided the mistake. The punishment shall be mitigated pursuant to Section 49 subsection (1).

Title Five

Immunity For Parliamentary Utterances And Reports

Section 36 Parliamentary Utterances

Members of the Bundestag (Federal Parliament), the Federal Assembly or a legislative body of a Land (constituent state), may at no time be subject to liability outside of the body because of their vote or an utterance which they made within the body or one of its committees. This shall not apply to slanderous insults.

Section 37 Parliamentary Reports

Truthful reports about the public sessions of the bodies indicated in Section 36 or their committees remain exempt from any liability.

Chapter Three

Legal Consequences of The Act

Title One

Punishments

Imprisonment

Section 38 Length of Imprisonment

(1) Imprisonment is for a fixed term if the law does not provide for imprisonment for life.

(2) The maximum fixed term of imprisonment is fifteen years, the minimum, one month.

Section 39 Determination of Terms of Imprisonment

Imprisonment for less than a year shall be determined in full weeks and months, imprisonment for a longer period, in full months and years.

Fine

Section 40 Imposition in Daily Rates

(1) A fine shall be imposed in daily rates. It shall amount to at least five and, if the law does not provide otherwise, at most three hundred and sixty full daily rates.

(2) The court determines the amount of the daily rate, taking into consideration the personal and financial circumstances of the perpetrator. In doing so, it takes as a rule the average net income which the perpetrator has, or could have, in one day as its starting point. A daily rate shall be fixed at a minimum of two and a maximum of ten thousand German marks.

(3) In determining the daily rate the income of the perpetrator, his assets and other bases may be estimated.

(4) The number and amount of the daily rates shall be indicated in the decision.

Section 41 Fine Collateral to Imprisonment

If by the act the perpetrator enriched, or tried to enrich himself, then a fine, which otherwise would have been inapplicable or only optional, may be imposed collateral to imprisonment, if it is appropriate, taking into consideration the personal and financial circumstances of the perpetrator. This shall not apply if the court imposes a property fine pursuant to Section 43a.

Section 42 Facilitation of Payment

If the convicted person, due to his personal or financial circumstances, cannot be expected to pay the fine immediately, the court shall grant him a payment deadline or allow him to pay in specified instalments. The court may also order that the privilege of paying the fine in fixed instalments be withdrawn if the convicted person fails to pay an instalment in time.

Section 43 Default Imprisonment

Imprisonment is substituted for an uncollectible fine. One daily rate corresponds to one day of imprisonment. The minimum term of default imprisonment shall be one day.

Property Fine

Section 43a Imposition of Property Fine

(1) If the law refers to this provision, then the court may, collateral to imprisonment for life or for a fixed term of more than two years, impose payment of a sum of money, the amount of which is limited by the value of the perpetrator’s assets (property fine). Material benefits which have been ordered forfeited shall be excluded in assessing the value of the assets. The value of the assets may be estimated.

(2) Section 42 shall apply accordingly.

(3) The court shall indicate a term of imprisonment, which shall be substituted for the property fine if it is uncollectible (default imprisonment). The maximum term of default imprisonment shall be two years, the minimum, one month.

Collateral Punishment

Section 44 Driving Ban

(1) If someone has been sentenced to imprisonment or a fine for a crime which he committed in connection with the driving of a motor vehicle or in violation of the duties of a driver of a motor vehicle, then the court may prohibit him from driving all motor vehicles, or any specific type, in road traffic for a period of from one month to three months. A driving ban shall be ordered, as a rule, in cases of a conviction under Sections 315c subsection (1), no. 1, letter (a) subsection (3), or Section 316 if there has been no withdrawal of permission to drive pursuant to Section 69.

(2) A driving ban shall take effect when the judgment becomes final. National and international driver’s licenses issued by a German public authority shall be kept in official custody for its duration. This shall also apply if the driver’s license was issued by a public authority of a member state of the European Union or another signatory state of the Convention on the European Economic Area, as long as the holder has his ordinary residence in Germany. The driving ban shall be endorsed on other foreign driver’s licenses.

(3) If a driver’s license is to be kept in official custody or the driving ban endorsed on a foreign driver’s license, then the term of prohibition shall be calculated from the day that this takes place. The time in which the perpetrator is held in custody in an institution pursuant to an order of a public authority shall not be calculated into the term of the prohibition.

Collateral Consequences

Section 45 Loss of the Capacity to Hold, or be Elected to Public Office and the Right to Vote

(1) Whoever is sentenced for a serious criminal offense to imprisonment for at least one year shall lose for a period of five years the capacity to hold public office and attain public electoral rights.

(2) The court may deprive the convicted person of the capacities indicated in subsection (1) for a period of from two to five years, to the extent the law specifically so provides.

(3) With the loss of the capacity to hold public office the convicted person shall simultaneously lose the corresponding legal statuses and rights he possesses.

(4) With the loss of the capacity to attain public electoral rights, the convicted person shall simultaneously lose the corresponding legal statuses and rights he possesses to the extent the law does not otherwise provide.

(5) The court may deprive the convicted person of the right to elect or vote in public matters for a period of from two to five years, to the extent the law specifically so provides.

Section 45a Entry into Force and Calculation of the Period of Loss

(1) The loss of the capacities, legal statuses and rights shall take effect when the judgment becomes final.

(2) The period of the loss of a capacity or a right shall be calculated from the day the term of imprisonment has been served, barred by the statute of limitations or remitted. If a measure of reform and prevention involving deprivation of liberty was ordered collateral to imprisonment, the term shall be calculated beginning on the day the measure was completed.

(3) If the execution of the punishment, the remainder thereof, or the measure has been suspended through a grant of probation or an act of clemency, then the term shall include the probationary period, if, after its expiration, the punishment, the remainder thereof, or the measure has been completed.

Section 45b Restoration of Capacities and Rights

(1) The court may restore capacities lost pursuant to Section 45 subsections (1) and (2), and rights lost pursuant to Section 45 subsection (5), if:

1. the loss was in effect for half of the time it should have lasted; and

2. it is to be expected that the convicted person will not commit any intentional crimes in the future.

(2) The time in which the convicted person is held in custody in an institution pursuant to an order of a public authority shall not be calculated into the terms.

Title Two

Determination of Punishment

Section 46 Principles for Determining Punishment

(1) The guilt of the perpetrator is the foundation for determining punishment. The effects which the punishment will be expected to have on the perpetrator’s future life in society shall be considered.

(2) In its determination the court shall counterbalance the circumstances which speak for and against the perpetrator. In doing so consideration shall be given in particular to:

the motives and aims of the perpetrator;

the state of mind reflected in the act and the willfulness involved in its commission;

the extent of breach of any duties;

the manner of execution and the culpable consequences of the act;

the perpetrator’s prior history, his personal and financial circumstances; as well as

his conduct after the act, particularly his efforts to make restitution for the harm caused as well as the perpetrator’s efforts to achieve mediation with the aggrieved party.

(3) Circumstances which are already statutory elements of the offense may not be considered.

Section 46a Mediation Between the Perpetrator and the Victim, Restitution for Harm Caused

If the perpetrator has:

1. in an effort to achieve mediation with the aggrieved party (mediation between perpetrator and victim), completely or substantially made restitution for his act or earnestly strived to make restitution; or

2. in a case in which the restitution for the harm caused required substantial personal accomplishments or personal sacrifice on his part, completely or substantially compensated the victim,

then the court may mitigate the punishment pursuant to Section 49 subsection (1), or, if the maximum punishment which may be incurred is imprisonment for not more than one year or a fine of not more than three hundred sixty daily rates, dispense with punishment.

Section 47 Short Terms of Imprisonment only in Exceptional Cases

(1) A court may impose imprisonment for less than six months only when special circumstances exist, either in the act or the personality of the perpetrator, which make the imposition of imprisonment indispensable to exert influence on the perpetrator or to defend the legal order.

(2) If the law does not provide for a fine and a term of imprisonment of six months or more has been ruled out, the court shall impose a fine if the imposition of imprisonment is not indispensable pursuant to subsection (1). If the law provides for an increased minimum term of imprisonment, the minimum fine in cases covered by sentence 1 is determined by the minimum prescribed term of imprisonment; thirty daily rates shall thus correspond to one month imprisonment.

Section 48 (Repealed)

Section 49 Special Statutory Mitigating Circumstances

(1) If mitigation is prescribed or permitted under this provision, then the following shall apply to such mitigation:

1. Imprisonment for not less than three years shall take the place of imprisonment for life;

2. In cases of imprisonment for a fixed term, at most three-fourths of the maximum term provided may be imposed. In case of a fine the same shall apply to the maximum number of daily rates;

3. An increased minimum term of imprisonment shall be reduced:

in the case of a minimum term of ten or five years, to two years;

in case of a minimum term of three or two years, to six months;

in case of a minimum term of one year, to three months;

in other cases to the statutory minimum.

(2) If the court may in its discretion mitigate the punishment pursuant to a norm which refers to this provision, then it may reduce the punishment to the statutory minimum or impose a fine instead of imprisonment.

Section 50 Concurrence of Mitigating Circumstances

A circumstance which alone or together with other circumstances justifies the assumption that the case is less serious and is simultaneously a special statutory mitigating circumstance under Section 49, may only be considered once.

Section 51 Crediting

(1) If a convicted person has undergone remand detention or other deprivation of liberty because of an act which is or was the object of the proceedings, the time served shall be credited towards any fixed term of imprisonment or fine. However the court may order that the credit be withheld in whole or in part if it is not justified in light of the conduct of the convicted person after the act.

(2) If in a later proceeding another punishment is substituted for a previously imposed punishment which became final, then the earlier punishment shall be credited against it to the extent it was executed or satisfied through crediting.

(3) If the convicted person has been punished abroad for the same act, then the foreign punishment, to the extent it has been executed, shall be credited towards the new one. Subsection (1) shall correspondingly apply to any other deprivation of liberty undergone abroad.

(4) When a fine is credited against deprivation of liberty, or vice versa, one day of the latter shall correspond to one daily rate. If a foreign punishment or deprivation of liberty is to be credited, the court shall determine the rate in its discretion.

(5) In crediting the period of provisional withdrawal of permission to drive (Section 111a of the Code of Criminal Procedure) against the driving ban under Section 44 subsection (1) shall apply accordingly. In this respect the taking or holding of a driver’s license in custody or its seizure (Section 94 Code of Criminal Procedure) shall be equivalent to provisional withdrawal of permission to drive.

Title Three

Determining Punishment For More Than One Violation of The Law

Section 52 Act Constituting More than One Violation

(1) If the same act violates more than one penal norm or the same penal norm repeatedly, then only one punishment shall be imposed.

(2) If more than one penal norm has been violated, then the punishment shall be determined according to the norm that provides for the most severe punishment. It may not be more lenient that the other applicable norms permit.

(3) The court may impose a fine under the provisions of Section 41 separately, collateral to imprisonment.

(4) If one of the applicable norms allows imposition of a property fine, then the court may impose it separately collateral to imprisonment for life or a fixed term of more than two years. In addition, collateral punishments or consequences and measures (Section 11 subsection (1), no. must or may be imposed if one of the applicable norms prescribes or so permits.

Section 53 Commission of More than One Violation

(1) If someone has committed more than one crime, as to which judgment will be simultaneously rendered, and incurred more than one term of imprisonment or more than one fine, an aggregate punishment shall be imposed.

(2) If a term of imprisonment concurs with a fine, then an aggregate punishment shall be imposed. However, the court may also separately impose a fine; if in such cases a fine is to be imposed for more than one crime, then an aggregate fine should to that extent be imposed.

(3) If the perpetrator, pursuant to the law according to which Section 43a is applicable or under the terms of Section 52 subsection (4), has incurred as an individual punishment imprisonment for life or a fixed term of more than two years, then the court may separately impose a property fine collateral to the aggregate punishment formed pursuant to subsections (1) or (2); if in such cases a property fine is to be imposed for more than one crime, then an aggregate property fine shall to that extent be imposed.

Section 43 subsection (3), shall apply accordingly.

(4) Section 52 subsection (3) and Section 52 subsections (4) and (2) apply by analogy.

Section 54 Formation of the Aggregate Punishment

(1) If one of the individual punishments is imprisonment for life, then an aggregate punishment of imprisonment for life shall be imposed. In all other cases the aggregate punishment shall be formed by increasing the highest punishment incurred and, in the case of different kinds of punishment, by increasing the punishment most severe in nature. In doing so, the personal characteristics of the perpetrator and the individual crimes shall be comprehensively evaluated.

(2) The aggregate punishment must be less than the sum of the individual punishments. It should not exceed, in the case of imprisonment for a fixed term, fifteen years, in the case of a property fine, the value of the perpetrator’s assets, and in the case of a fine, seven hundred twenty daily rates;

Section 43 subsection (1), sent. 3, shall apply accordingly.

(3) If an aggregate punishment is to be formed from imprisonment and a fine, then one daily rate corresponds to one day imprisonment in determining the sum of the individual punishments.

Section 55 Subsequent Formation of the Aggregate Punishment

(1) Sections 53 and 54 shall also be applicable if a convicted person, as to whom a punishment imposed pursuant to a final judgment has neither been executed, barred by the statute of limitations or remitted, is convicted of another crime which he committed before the previous conviction. A previous conviction shall be deemed to be the judgment in the previous proceeding in which the underlying factual findings could last be reviewed.

(2) Property fines, collateral punishments, collateral consequences and measures (Section 11 subsection (1), no. 8 which were imposed in the previous sentence should be maintained to the extent they have not been rendered superfluous by the new sentence. This also applies when the amount of the property fine which was imposed in the previous sentence exceeds the value of the perpetrator’s assets at the time of the new sentence.

Title Four

Suspended Execution of Punishment And Probation

Section 56 Suspended Execution of Punishment

(1) Upon a sentence of imprisonment of no more than one year the court shall suspend the execution of the punishment and grant probation if it can be expected that the sentence will serve the convicted person as a warning and he will commit no further crimes in the future even without the influence exerted by serving the sentence. Particularly to be considered are the personality of the convicted person, his previous history, the circumstances of his act, his conduct after the act, his living conditions and the effects which can be expected as a result of the suspension.

(2) The court may also suspend the execution of a longer term of imprisonment which does not exceed two years under the provisions of subsection (1) and grant probation if a comprehensive evaluation of the act and personality of the convicted person reveals the existence of special circumstances. In making the decision the efforts of the convicted person to make restitution for the harm caused by the act should particularly be considered.

(3) The execution of a sentence of imprisonment of no less than six months shall not be suspended when defense of the legal order so requires. (4) A suspended execution of punishment may not be limited to a part of the punishment. It shall not be excluded by the crediting of time served in remand detention or any other deprivation of liberty.

Section 56a Term of Probation

(1) The court shall determine the length of the term of probation. It may not exceed five years nor be less than two years.

(2) The term of probation shall begin when the decision to suspend execution of punishment becomes final. It may subsequently be reduced to the minimum or prolonged to the maximum before its expiration.

Section 56b Conditions

(1) The court may impose conditions on the convicted person to the end of making amends for the wrong committed. No unreasonable demands should thereby be made on the convicted person.

(2) The court may order the convicted person:

1. to make restitution to the best of his ability for the harm caused by the act;

2. to pay a sum of money to a non-profit-making institution if this is appropriate in light of the act and the personality of the perpetrator;

3. to render some other community service; or

4. to pay a sum of money to the public treasury.

The court should impose a condition pursuant to sentence 1, nos. 2 to 4, only to the extent that the fulfilment of the condition does not impede making restitution for the harm caused.

(3) If the convicted person offers to perform appropriate tasks to the end of making amends for the wrong committed, then the court shall, as a rule, temporarily refrain from imposing conditions if it can be expected that the offer will be fulfilled.

Section 56c Instructions

(1) The court shall issue instructions to the convicted person for the duration of his term of probation, if he requires such assistance to cease committing crimes. No unreasonable demands should thereby be made on the way the convicted person conducts his life.

(2) In particular, the court may instruct the convicted person:

1. to follow orders which relate to residence, education, work or leisure, or to the ordering of his financial affairs;

2. to report at specified times to the court or some other agency;

3. not to associate with, employ, train or shelter particular persons or persons of a particular group, who can offer him the opportunity or stimulus to commit further crimes;

4. not to possess, carry or entrust to another for safekeeping, particular objects which could provide him with the opportunity or stimulus to commit further crimes; or

5. to meet maintenance obligations.

(3) An instruction:

1. to undergo curative treatment which involves a bodily intrusion or treatment for addiction; or

2. to reside in a suitable home or institution,

may only be issued with the consent of the convicted person.

(4) If the convicted person makes corresponding promises relating to the future conduct of his life, then the court shall, as a rule, temporarily refrain from issuing instructions if it can be expected that the promise will be kept.

Section 56d Probation Assistance

(1) The court shall place the convicted person under the supervision and guidance of a probation officer for all or part of the term of probation when advisable to prevent him from committing crimes.

(2) The court shall issue an instruction pursuant to subsection (1), as a rule, if it suspends a term of imprisonment of more than nine months and the convicted person is less than twenty-seven years of age.

(3) The probation officer shall assist and care for the convicted person. With the approval of the court he shall supervise the fulfillment of the conditions and instructions as well as the offers and promises. He shall report on the way the convicted person is conducting his life at intervals determined by the court. He shall inform the court as to gross or persistent violations of the conditions, instructions, offers or promises.

(4) The probation officer shall be appointed by the court. It may give him instructions concerning his functions under subsection (3).

(5) The functions of the probation officer shall be exercised on a full-time official or honorary basis.

Section 56e Subsequent Decisions

The court may also make, modify or vacate decisions pursuant to Sections 56b to 56d.

Section 56f Revocation of Suspended Execution of Punishment

(1) The court shall revoke the suspended execution of punishment if the convicted person:

1. commits a crime during the term of probation and thereby shows that the expectation on which the suspended execution of punishment was based, was not fulfilled;

2. grossly and persistently violates instructions or persistently evades the supervision and guidance of the probation officer and thereby gives reason for fear that he will again commit crimes; or

3. grossly and persistently violates conditions.

Sentence 1, no. 1, shall correspondingly apply if the act was committed in the interim period between the decision suspending the execution of punishment and its becoming final.

(2) The court shall, however, refrain from revocation when it suffices:

1. to impose further conditions or instructions, in particular to place the convicted person under the supervision of a probation officer; or

2. to prolong the term of probation or placement.

In cases pursuant to no. 2 the term of probation may not be prolonged for more than one-half of the originally imposed term of probation.

(3) The convicted person shall not be compensated for accomplishments rendered in fulfillment of conditions, offers, instructions or promises. If a suspended execution of punishment is revoked, however, the court can credit accomplishments, which the convicted person has rendered in fulfillment of conditions under Section 56b subsection (2), sent. 1, nos. 2 to 4, or corresponding offers under Section 56b subsection (3), towards the punishment.

Section 56g Remission of Punishment

(1) If the court does not revoke a suspended execution of punishment, it shall remit the punishment after expiration of the term of probation. Section 56f subsection (3), sent. 1, shall be applicable.

(2) The court may revoke a remission of punishment if the convicted person was sentenced to imprisonment for at least six months within the territorial area of application of this law for an intentional crime committed during the term of probation. The revocation shall only be permissible within one year after the expiration of the term of probation and six months after the judgment becomes final.

Section 56f subsection (1), sent. 2, and subsection (3) shall apply correspondingly.

Section 57 Suspension of the Remainder of a Fixed Term of Imprisonment

(1) The court shall suspend the execution of the remainder of a fixed term of imprisonment and grant probation, if:

1. two-thirds of the imposed punishment, but not less than two months, have been served;

2. this can be justified upon consideration of the security interests of the general public; and

3. the convicted person consents.

To be considered in making the decision shall be, in particular, the personality of the convicted person, his previous history, the circumstances of his act, the importance of the legal interest threatened in case of recidivism, the conduct of the convicted person while serving his sentence, his living conditions and the effects which can be expected as a result of the suspension.

(2) After half of a fixed term of imprisonment has been served, but not less than six months, the court may suspend execution of the remainder and grant probation, if:

1. the convicted person is serving his first term of imprisonment and it does not exceed two years;

or

2. a comprehensive evaluation of the act, the personality of the convicted person and his development while serving the sentence reveals that special circumstances exist, and the remaining requirements of subsection (1) have been fulfilled.

(3) Sections 56a to 56g shall apply accordingly; the term of probation, even if subsequently reduced, may not be less than the remainder of the punishment. If the convicted person has served at least one year of his punishment before the remainder is suspended and probation granted, then the court shall, as a rule, place him under the supervision and guidance of a probation officer for all or a part of the term of probation.

(4) To the extent a term of imprisonment has been completed through crediting it shall qualify as having been served within the meaning of subsections (1) to (3).

(5) The court may refrain from suspending the execution of the remainder of a fixed term of imprisonment and granting probation, if the convicted person makes insufficient or false statements concerning the whereabouts of objects which are subject to forfeiture, or are only not subject thereto because the act has given rise to a claim by the aggrieved party of the type indicated in Section 73 subsection (1), sent. 2.

(6) The court may fix a term not exceeding six months, before the expiration of which an application by the convicted person to suspend the remainder of punishment and grant probation shall be inadmissible.

Section 57a Suspension of the Remainder of a Punishment of Imprisonment for Life

(1) The court shall suspend execution of the remainder of a punishment of imprisonment for life and grant probation, if:

1. fifteen years of the punishment have been served;

2. the particular gravity of the convicted person’s guilt does not require its continued execution; and

3. the requirements of Section 57 subsection (1), sent. 1, nos. 1 and 3 are present.

Section 57 subsection (1), sent. 2 and subsection (5) shall apply accordingly.

(2) Any deprivation of liberty undergone by the convicted person as a result of the act shall qualify as punishment served within the meaning of subsection (1), sentence 1, no. 1.

(3) The term of probation shall be five years. Sections 56a subsection (2), sent. 1, 56b to 56g and 57 subsection (3), sent. 2, shall apply accordingly.

(4) The court may fix terms not exceeding two years, before the expiration of which an application by the convicted person to suspend the remainder of the punishment and grant probation shall be inadmissible.

Section 57b Suspension of the Remainder of a Punishment of Imprisonment for Life as an Aggregate Punishment

If imprisonment for life has been imposed as an aggregate punishment, then the individual crimes shall be comprehensively evaluated in determining the particular gravity of the guilt (Section 57a subsection (1), sent. 1, no. 2).

Section 58 Aggregate Punishment and Suspended Execution of Punishment

(1) If someone has committed more than one crime, then the amount of the aggregate punishment shall be controlling for the suspended execution of punishment under Section 56.

(2) If in cases under Section 55 subsection (1), the execution of all, or the remainder of the imprisonment imposed in the previous sentence has been suspended and probation granted and if the aggregate punishment has also been suspended and probation granted, then the minimum length of the new probation term shall be reduced by the already expired term of probation, but not to less than one year. If the aggregate punishment is not suspended and probation granted, then Section 56f subsection (3), shall apply accordingly.

Title Five

Warning With Punishment Reserved; Dispensing With Punishment

Section 59 Prerequisites for Warning with Punishment Reserved

(1) If someone has incurred a fine of not more than one hundred eighty daily rates, the court may warn him at the time of conviction, indicate the punishment and reserve imposition of this punishment, if:

1. it can be expected that the perpetrator will commit no further crimes in the future even without imposition of punishment;

2. a comprehensive evaluation of the act and the personality of the perpetrator reveals special circumstances, which make it advisable to exempt him from the imposition of punishment; and

3. the defense of the legal order does not require the imposition of punishment.

Section 56 subsection (1), second sentence, shall apply accordingly.

(2) A warning with punishment reserved shall be excluded, as a rule, if the perpetrator has been warned with punishment reserved or sentenced to punishment during the three years preceding the act.

(3) Forfeiture, confiscation or rendering unusable may be imposed collaterally to a warning. A warning with punishment reserved shall not be permissible collaterally to measures of reform and prevention.

Section 59a Term of Probation, Conditions and Instructions

(1) The court shall determine the length of the term of probation. It may not exceed three years nor be less than one year.

(2) The court may instruct the warned person:

1. to make efforts to achieve mediation with the aggrieved party or otherwise make restitution for the harm caused by the act;

2. to meet his maintenance obligations;

3. to pay a sum of money to a non-profit-making institution or the public treasury;

4. to undergo ambulatory curative treatment or an ambulatory treatment for addiction; or

5. to participate in traffic school.

No unreasonable demands may thereby be made on the way the warned person conducts his life; the conditions and instructions under sentence 1, nos. 3 to 5 should not be disproportionate to the significance of the act committed by the perpetrator. Sections 56c subsections (3) and (4), and Section 56e shall apply accordingly.

Section 59b Imposition of Reserved Punishment

(1) For the imposition of reserved punishment Section 56f shall apply accordingly.

(2) If reserved punishment is not imposed against the reprimanded person, then the court shall, upon the expiration of the term of probation, declare that, with the reprimand, the case is closed.

Section 59c Aggregate Punishment and Warning with Punishment Reserved

(1) If someone has committed more than one crime, then in indicating the punishment in cases of a warning with punishment reserved, Sections 53 to 55 shall be applicable accordingly.

(2) If the warned person is subsequently sentenced to punishment for a crime committed before the warning was given, then the provisions for the formation of an aggregate punishment (Sections 53 to 55, 58) shall be applicable, providing that the reserved punishment in cases of Section 55 is equivalent to an imposed punishment.

Section 60 Dispensing with Punishment

The court shall dispense with punishment when the consequences of the act which have befallen the perpetrator are so serious that the imposition of punishment would be obviously inappropriate. This shall not apply when the perpetrator has incurred imprisonment of more than one year for the act.

Title Six

Measures of Reform And Prevention

Section 61 Summary

Measures of reform and prevention are:

1. placement in a psychiatric hospital;

2. placement in an institution for withdrawal treatment;

3. placement in preventive detention;

4. supervision of conduct;

5. withdrawal of permission to drive;

6. prohibition of engagement in a profession.

Section 62 Principle of Proportionality

A measure of reform and prevention may not be ordered when it is disproportionate to the significance of the acts committed by, or expected to be committed by the perpetrator, as well as to the degree of danger he poses.

Measures Involving Deprivation of Liberty

Section 63 Placement in a Psychiatric Hospital

If someone committed an unlawful act and at the time lacked capacity to be adjudged guilty (Section 20) or was in a state of diminished capacity (Section 21), the court shall order placement in a psychiatric hospital if a comprehensive evaluation of the perpetrator and his act reveals that, as a result of his condition serious unlawful acts can be expected of him and he therefore presents a danger to the general public.

Section 64¹ Placement in an Institution for Withdrawal Treatment

(1) If someone has a proclivity to consume alcoholic beverages or other intoxicants to excess and is convicted of an unlawful act which he committed while intoxicated or as a result of his proclivity, or is not convicted only because his lack of capacity to be adjudged guilty has been proved or may not be excluded, then the court shall order placement in an institution for withdrawal treatment if there is a danger that he will commit serious unlawful acts as a consequence of his proclivity.

(2) No order shall be issued if withdrawal treatment appears to be without prospects from the outset.

Section 65 (repealed)

Section 66 Placement in Preventive Detention

(1) If someone is sentenced for an intentional crime to a fixed term of imprisonment of at least two years, then the court shall order preventive detention collateral to the punishment, if:

1. the perpetrator has already been sentenced twice, respectively, to imprisonment for at least one year for intentional crimes which he committed prior to the new act;

2. as a result of one or more of these acts prior to the new act he has served a term of imprisonment or deprivation of liberty pursuant to a measure of reform and prevention for a period of at least two years; and

3. comprehensive evaluation of the perpetrator and his acts reveals that, due to his proclivity to commit serious crimes, particularly those as a result of which the victim suffers serious emotional or physical injury, or serious financial loss is caused, he presents a danger to the general public.

(2) If someone has committed three intentional crimes for which he incurred, respectively, imprisonment for at least one year, and if he is sentenced to a fixed term of imprisonment of at least three years for one or more of these acts, then the court may under the provision indicated in subsection (1), no. 3, order preventive detention collateral to the punishment even without a prior sentence or deprivation of liberty (subsection (1), nos. 1 and 2).

(3) If someone is sentenced to a fixed term of imprisonment of at least two years for a serious criminal offense or a crime under Sections 174 to 174c, 176, 179 subsections (1) to (3), 180, 182, 224, 225 subsections (1) or (2), or 323a, as long as the act committed while intoxicated is a serious criminal offense or one of the aforementioned unlawful acts, then the court may order preventive detention collateral to the punishment if the perpetrator has already been once sentenced to imprisonment of at least three years for one or more such crimes which he committed prior to the new act and the requirements indicated in subsection (1), nos. 2 and 3, have been fulfilled. If someone has committed two crimes of the type indicated in sentence 1, as a result of which he has incurred, respectively, imprisonment for at least two years, and if he is sentenced for one or more of these acts to a fixed term of imprisonment of at least three years, then the court may, under the provision indicated in subsection (1), no. 3, order preventive detention collateral to the punishment even without a prior sentence or deprivation of liberty (subsection (1), nos. 1 and 2). Subsections (1) and (2) shall remain unaffected.

(4) Within the meaning of subsection (1), no. 1, a sentence to an aggregate punishment shall qualify as a single sentence. If remand detention or another deprivation of liberty is credited against a term of imprisonment, it shall qualify as a served punishment within the meaning of subsection (1), no. 2. A prior act shall not be considered if more than five years have passed between it and the subsequent act. Time in which the perpetrator has been held in custody in an institution by order of a public authority shall not be included in the term. An act upon which judgment was passed outside of the territorial area of application of this law shall be equivalent to an act upon which judgment is passed within this area if it would be an intentional act under the German criminal law, or, in cases under subsection (3), it would be one of the crimes of the type indicated in subsection (3), sentence 1.

Section 67 Sequence of Execution

(1) If placement in an institution pursuant to Sections 63 and 64 is ordered collaterally to imprisonment, then the measure shall be executed before the punishment.

(2) The court shall indicate, however, that all or part of the punishment be executed before the measure, if the objective of the measure will thereby be more easily attained.

(3) The court may subsequently make, modify or vacate an order pursuant to subsection (2), if the personal circumstances of the convicted person make it seem advisable.

(4) ² If the measure is executed in whole or in part before the punishment, then the time of execution of the measure shall be credited to the punishment until two-thirds of the punishment has been completed. This shall not apply if the court has made an order pursuant to Section 67d subsection (5), sent. 1.

(5) If the measure is executed before the punishment, then the court may suspend the execution of the remainder of punishment and grant probation under the provisions of Section 57 subsection (1), sent. 1, no. 2, if half of the punishment has been completed. If the remainder of punishment is not suspended, the execution of the measure shall continue; the court may nevertheless order the execution of the punishment if circumstances relating to the convicted person make it seem advisable.

Section 67a Transfer for the Purpose of Executing Another Measure

(1) If placement in a psychiatric hospital or an institution for withdrawal treatment has been ordered, then the court may subsequently transfer the perpetrator for the purpose of executing another measure if the resocialization of the perpetrator can be better promoted thereby.

(2) Under the provisions of subsection (1) the court may subsequently transfer a perpetrator, as to whom preventive detention has been ordered, for the purpose of executing one of the measures named in subsection (1).

(3) The court may modify or vacate a decision under subsections (1) and (2), if it subsequently appears that the resocialization of the perpetrator can be better promoted thereby. The court may further vacate a decision under subsection (2), if it subsequently appears that no success will be achieved with the execution of the measures named in subsection (1).

(4) The length of the terms of placement and review shall be determined by the provisions which apply for the placement ordered in the judgment.

Section 67b Suspension Simultaneous with the Order

(1) If the court orders placement in a psychiatric hospital or an institution for withdrawal treatment, it shall simultaneously suspend its execution and grant probation, if special circumstances justify the expectation that the objective of the measure may also be attained thereby. There shall be no suspension if the perpetrator still must serve a term of imprisonment which was imposed at the same time as the measure and not suspended with a grant of probation.

(2) Supervision of conduct shall commence with the suspension.

Section 67c Delayed Commencement of the Placement

(1) If a term of imprisonment is executed prior to a simultaneously ordered placement, the court shall review, before execution of the punishment has been completed, whether the objective of the measure still requires the placement. If that is not the case, it suspends the execution of the placement and grants probation; supervision of conduct shall commence with the suspension.

(2) If the execution of the placement has not commenced within three years of the order becoming final, and if no case exists under subsection (1) or Section 67b, then the placement may only be executed if the court orders it. Time in which the perpetrator has been held in custody in an institution by order of a public authority shall not be credited to the term. The court shall order its execution if the objective of the measure still requires the placement. If the objective of the measure has not been attained but special circumstances justify the expectation that it may also be attained by suspension, then the court shall suspend execution of the placement and grant probation; supervision of conduct shall commence with the suspension. If the objective of the measure has been attained, the court shall declare it as having been satisfied.

Section 67d Length of Placement

(1) Placement in an institution for withdrawal treatment may not exceed two years. The term runs from the commencement of the placement. If a measure involving deprivation of liberty is executed before a collaterally ordered term of imprisonment, then the maximum term shall be extended by the length of the term of imprisonment to the extent the time of execution of the measure is credited towards the punishment.

(2) If no maximum term has been provided or the term has not yet expired, then the court shall suspend the further execution of the placement and grant probation if it can be expected that the person under placement will not commit any more unlawful acts if released from execution of the measure. Supervision of conduct shall commence with the suspension.

(3) If ten years of placement in preventive detention have been executed, the court shall declare the measure satisfied if there is no danger that the person under placement will, due to his proclivity, commit serious crimes, as a result of which the victim is seriously harmed emotionally or physically. Supervision of conduct shall commence upon satisfaction of the measure.

(4) If the maximum term has expired, then the person under placement shall be released. The measure has thereby been satisfied.

(5) ³ If placement in an institution for withdrawal treatment has been executed for at least one year, then the court may subsequently determine that it not be further executed, if its objective cannot be attained due to reasons relating to the person under placement. Supervision of conduct shall commence upon release from the execution of the placement.

Section 67e Review

(1) The court may review at any time whether the further execution of the placement should be suspended and probation granted. It shall make this review before the expiration of specified terms.

(2) With respect to the various placements, these terms shall be:

six months, if in an institution for withdrawal treatment;

one year, if in a psychiatric hospital;

two years, if in preventive detention.

(3) The court may shorten the terms. It may also set terms within the statutory limits for review, before the expiration of which an application for review shall be inadmissible.

(4) The terms run from the commencement of the placement. If the court refuses the suspension, the terms shall commence anew with this decision.

Section 67f Multiple Orders of a Measure

If the court orders placement in an institution for withdrawal treatment, then any previous order of the measure shall be considered satisfied.

Section 67g Revocation of Suspension

(1) The court shall revoke the suspension of a placement if the convicted person:

1. commits an unlawful act during the period of supervision of conduct;

2. grossly and persistently violates instructions; or

3. persistently evades the supervision and guidance of the probation officer or the supervisory agency,

and it is thereby revealed that the objective of the measure requires his placement.

(2) The court shall also revoke the suspension of a placement pursuant to Sections 63 and 64 when it is revealed during the period of supervision of conduct that unlawful acts are to be expected from the convicted person as a result of his condition and the objective of the measure therefore requires his placement.

(3) The court shall further revoke the suspension if circumstances made known to it during the period of supervision of conduct, which would have led to refusal of the suspension, show that the objective of the measure requires placement of the convicted person.

(4) The period of placement before and after the revocation may not in its totality exceed the maximum statutory term for the measure.

(5) If the court does not revoke the suspension of the placement, then the measure shall be satisfied at the conclusion of the supervision of conduct.

(6) Payments which the convicted person has rendered in fulfillment of instructions shall not be reimbursed.

Supervision of Conduct

Section 68 Prerequisites for Supervision of Conduct

(1) If someone has incurred a fixed term of imprisonment of at least six months for a crime, in relation to which the law specifically provides for supervision of conduct, then the court may order supervision of conduct collateral to the punishment if there is a danger that he will commit further crimes.

(2) Statutory provisions concerning supervision of conduct (Sections 67b, 67c, 67d subsections (2), (3) and (5), and 68f) shall remain unaffected.

Section 68a Supervisory Agency, Probation Officer

(1) The convicted person shall be assigned to a supervisory agency; the court shall appoint a probation officer for him for the period of supervision of conduct.

(2) Probation officer and supervisory agency shall act in concert with each other to assist and care for the convicted person.

(3) The supervisory agency shall supervise the conduct of the convicted person and the fulfillment of the instructions in concert with the court and with the support of the probation officer.

(4) If there is no agreement between the supervisory agency and the probation officer as to questions which affect the assistance for the convicted person and his care, then the court shall decide.

(5) The court may give instructions to the supervisory agency and the probation officer concerning their functions.

(6) Before filing an application under Section 145a, sent. 2, the supervisory agency shall hear the opinion of the probation officer; subsection (4) shall not be applicable.

Section 68b Instructions

(1) The court may, for the duration of the supervision of conduct or for a shorter time, instruct the convicted person:

1. not to leave his place of residence or wherever he happens to be or a specified area without the permission of the supervisory agency;

2. not to frequent specified places which can offer him the opportunity or stimulus to commit further crimes;

3. not to employ, train or shelter particular persons or persons of a particular group, who can offer him the opportunity or stimulus to commit further crimes;

4. not to engage in particular activities which under circumstances can be exploited for criminal purposes;

5. not to possess, carry or entrust to another for safekeeping, particular objects which can provide him with the opportunity or stimulus to commit further crimes;

6. not to keep or drive motor vehicles or particular types of motor vehicles or other vehicles, which he can under circumstances misuse for criminal purposes;

7. to report at particular times to the supervisory agency or to a particular government agency;

8. to report promptly every change in the place of residence or work to the supervisory agency; or

9. to report in the case of unemployment to the competent employment office or to another authorized employment agency.

The court shall precisely indicate the prohibited or required conduct in its instruction.

(2) The court may, for the duration of the supervision of conduct or for a shorter time, give the convicted person further instructions, particularly those which relate to education, work, leisure, the ordering of his financial affairs, or the fulfillment of maintenance obligations. Section 56c subsection (3), shall be applicable.

(3) No unreasonable demands may be made in the instructions on the way the convicted person conducts his life.

Section 68c Length of Supervision of Conduct

(1) Supervision of conduct shall last at least two and at most five years. The court may shorten the maximum length.

(2) The court may order supervision of conduct which exceeds the maximum length set in subsection (1), sentence 1, without fixing a term, if the convicted person:

1. does not consent to an instruction under Section 56c subsection (3), no.1; or

2. does not comply with an instruction to undergo curative treatment or treatment for addiction, and endangerment of the general public through the commission of further serious crimes is to be expected. If the convicted person subsequently declares his consent, then the court shall fix the further duration of the supervision of conduct. Section 68e subsection (4), shall otherwise apply.

(3) Supervision of conduct shall begin when the order becomes final. Time, during which the convicted person is a fugitive, is hiding, or is held in custody in an institution by order of a public authority, shall not be credited against its length.

Section 68d Subsequent Decisions

The court may subsequently make, modify or vacate decisions pursuant to Sections 68a subsections (1) and (5), 68b, 68c subsection (1), sent. 2, and subsection (2).

Section 68e Termination of Supervision of Conduct

(1) The court shall terminate supervision of conduct if it can be expected that, even without it, the convicted person will commit no more crimes. Termination shall be permissible at the earliest after expiration of the minimum statutory period.

(2) The court may fix terms of at most six months, before the expiration of which an application to terminate supervision of conduct shall be inadmissible.

(3) Supervision of conduct shall terminate if placement in preventive detention is ordered and its execution commences.

(4) If the court has ordered supervision of conduct pursuant to Section 68c subsection (2), without fixing a term, then it shall examine, at the latest upon expiration of the maximum term pursuant to Section 68c subsection (1), sent. 1, whether a decision pursuant to subsection (1), sentence 1 is required. If the court refuses to terminate supervision of conduct, then the term shall commence a new with the decision.

Section 68f Supervision of Conduct without Suspension of the Remainder of Punishment

(1) If imprisonment for at least two years for an intentional crime or imprisonment for at least one year for a crime named in Section 181b has been fully executed, then supervision of conduct enters into force upon the release of the convicted person from serving his sentence. This shall not apply when a measure of reform and prevention involving deprivation of liberty is executed immediately following the service of the sentence.

(2) If it can be expected that the convicted person will commit no more crimes even without supervision of conduct, then the court shall order that the measure be waived.

Section 68g Supervision of Conduct, Suspension of Sentence and Probation

(1) If suspension of the execution of all or the remainder of punishment has been ordered or prohibition of engagement in a profession has been suspended and probation granted and the convicted person is subject at the same time to supervision of conduct because of the same or another act, then only Sections 68a and 68b shall apply in relation to supervision and the issuance of instructions. Supervision of conduct shall not terminate before the expiration of the term of probation.

(2) If the suspension of sentence and grant of probation and the supervision of conduct are ordered on the basis of the same act, the court may nevertheless determine that the supervision of conduct shall be suspended until the expiration of the term of probation. The term of probation shall not then be credited to the period of supervision of conduct.

(3) If after the expiration of the term of probation the punishment or the remainder thereof has been remitted or the prohibition of engagement in a profession has been declared to have been terminated, then supervision of conduct ordered because of the same act shall also terminate therewith.

Withdrawal of Permission to Drive

Section 69 Withdrawal of Permission to Drive

(1) If someone is convicted of an unlawful act which he committed in connection with the driving of a motor vehicle or in violation of the duties of a driver of a motor vehicle, or is not convicted only because his lack of capacity to be adjudged guilty has been proved or may not be excluded, then the court shall withdraw his permission to drive if the act reveals that he is unfit to drive a motor vehicle. Further review pursuant to Section 62 shall not be required.

(2) If the unlawful act in cases under subsection (1) is a less serious criminal offense of:

1. endangerment of road traffic (Section 315c);

2. drunkenness in traffic (Section 316);

3. unauthorized leaving of the scene of an accident (Section 142), although the perpetrator knows or is capable of knowing that a person was killed, seriously injured or significant damage has been caused to the property of others; or

4. total intoxication (Section 323a) which relates to one of the acts in numbers 1 through 3, then the perpetrator shall, as a rule, be deemed unfit to drive motor vehicles.

(3) Permission to drive shall be forfeited when the judgment becomes final. A driver’s license issued by a German public authority shall be confiscated in the judgment.

Section 69a Bar to Granting Permission to Drive

(1) If the court withdraws the permission to drive, then it shall simultaneously provide that no new permission to drive may be granted for a period of from six months to five years (bar). A permanent bar may be ordered if it can be expected that the statutory maximum term will not suffice to avert the danger posed by the perpetrator. If the perpetrator has no permission to drive, then only a bar shall be ordered.

(2) The court may exempt particular types of motor vehicles from the bar if special circumstances justify the assumption that the objective of the measure will not be thereby endangered. (3) The minimum bar shall be for one year if a bar has already been ordered against the perpetrator in the last three years before the act.

(4) If the perpetrator’s permission to drive has been provisionally withdrawn because of the act (section 111a of the Code of Criminal Procedure), then the minimum bar shall be reduced by the time during which provisional withdrawal was in effect. However, it may not be less than three months.

(5) The bar shall commence when the judgment becomes final. The time of a provisional withdrawal ordered because of the act shall be credited to the term of the bar, to the extent it has run following the pronouncement of the judgment in which the factual determinations on which the measure is based could last be reviewed.

(6) Within the meaning of subsections (4) and (5) the taking or holding of a driver’s license in custody or its confiscation (Section 94 Code of Criminal Procedure) shall be equivalent to provisional withdrawal of permission to drive.

(7) If there are grounds for the assumption that the perpetrator is no longer unfit to drive motor vehicles, then the court may lift the bar early. This action shall be permissible at the earliest when the bar has been in effect three months, or a year in cases pursuant to subsection (3); subsection (5), sentence 2 and subsection (6) shall apply accordingly.

Section 69b Effect of Withdrawal on Foreign Permission to Drive

(1) If the perpetrator is permitted to drive motor vehicles in Germany on the basis of permission to drive granted abroad, without having been granted permission to drive by a German public authority, then the withdrawal of permission to drive has the effect of a deprivation of the right to make use of permission to drive in Germany. The right to drive motor vehicles in Germany is forfeited when the decision becomes final. During the bar neither domestic permission to drive, nor the right to make use of foreign permission to drive, may be granted.

(2) If the foreign driver’s license has been issued by a public authority of a member state of the European Union or another signatory state of the Convention on the European Economic Area and the holder has his ordinary residence in Germany, then the driver’s license shall be confiscated in the judgment and sent back to the issuing public authority. In other cases, the withdrawal of permission to drive and the bar shall be endorsed on the foreign driver’s licenses. Prohibition of Engagement in a Profession

Section 70 Order of Prohibition of Engagement in a Profession

(1) If someone is convicted of an unlawful act, which he committed in abuse of his profession or trade or in gross violation of the duties associated therewith, or is not convicted only because his lack of capacity to be adjudged guilty has been proved or may not be excluded, then the court may prohibit him from engaging in the profession, branch of profession, occupation, trade or branch of trade, for a period of from one year to five years, if a comprehensive evaluation of the perpetrator and the act reveals a danger, that by further engagement in the profession, branch of profession, occupation, trade or branch of trade he will commit serious unlawful acts of the type indicated. The order of prohibition of engagement in a profession may be permanent if it can be expected that the statutory maximum term will not suffice to avert the danger posed by the perpetrator.

(2) If the perpetrator has been provisionally prohibited from engaging in a profession, branch of profession, occupation, trade or branch of trade (section 132a of the Code of Criminal Procedure), then the minimum term of prohibition shall be reduced by the time during which the provisional prohibition of engagement in a profession was in effect. It may, however, not be less than three months.

(3) As long as the prohibition is in effect the perpetrator may not engage in the profession, branch of profession, occupation, trade or branch of trade on behalf of another or have a person dependent on his instructions engage in it on his behalf.

(4) The prohibition of engagement in a profession takes effect when the judgment becomes final. The time of a provisional prohibition of engagement in a profession ordered because of the act shall be credited to the term of prohibition, to the extent it has run following the pronouncement of the judgment in which the factual determinations on which the measure is based could last be examined. Time during which the perpetrator is held in custody in an institution by order of a public authority shall not be credited.

Section 70a Suspension of the Prohibition of Engagement in a Profession

(1) If, after an order of prohibition of engagement in a profession, there appear grounds for the assumption that the danger no longer exists that the perpetrator will commit serious unlawful acts of the type indicated in Section 70 subsection (1), then the court may suspend the prohibition and grant probation.

(2) The order shall be permissible at the earliest when the prohibition has been in effect for one year. The time of a provisional prohibition of engagement in a profession shall be credited to the term of prohibition within the framework of Section 70 subsection (4), sent. 2. Time during which the perpetrator is held in custody in an institution by order of a public authority shall not be credited.

(3) If the prohibition of engagement in a profession is suspended and probation granted, then Sections 56a and 56c to 56e shall apply accordingly. The term of probation shall be extended, however, by the time in which a term of imprisonment or a measure involving deprivation of liberty is executed, which was imposed or ordered against the convicted person because of the act.

Section 70b Revocation of the Suspension and Termination of the Prohibition of Engagement in a Profession

(1) The court shall revoke the suspension of the prohibition of engagement in a profession, if the convicted person:

1. commits an unlawful act in abuse of his profession, occupation or trade or of the duties associated therewith during the term of probation;

2. grossly and persistently violates an instruction; or

3. persistently evades the supervision and guidance of the probation officer,

and it is thereby revealed that the objective of the prohibition of engagement in a profession requires its continued application.

(2) The court shall also revoke suspension of the prohibition of engagement in a profession, if circumstances made known to it during the term of probation, which would have led to refusal of the suspension, show that the objective of the measure requires the continued application of the prohibition of engagement in a profession.

(3) The time of the suspension of the prohibition of engagement in a profession shall not be credited to the term of prohibition.

(4) Payments which the convicted person has rendered in fulfillment of instructions and promises shall not be reimbursed.

(5) After expiration of the term of probation the court shall declare the prohibition of engagement in a profession terminated.

Common Provisions

Section 71 Independent Orders

(1) The court may also independently order placement in a psychiatric hospital or in an institution for withdrawal treatment when criminal proceedings are impracticable due to the perpetrator’s lack of capacity to be adjudged guilty or to stand trial.

(2) The same shall apply to withdrawal of permission to drive and to the prohibition of engagement in a profession.

Section 72 Combination of Measures

(1) If the prerequisites for more than one measure are fulfilled, yet the desired objective may be attained through individual measures, then only those shall be ordered. In this respect priority shall be given among a number of suitable measures to those which least burden the perpetrator.

(2) Measures shall in other respects be ordered concurrently unless the law provides otherwise.

(3) If more than one measure involving deprivation of liberty are ordered, then the court shall determine the sequence of their execution. Before the conclusion of the execution of a measure the court shall order the execution of the next, respectively, if its objective still requires the placement. Section 67c subsection (2), sentences 4 and 5 shall be applicable.

Title Seven

Forfeiture And Confiscation

Section 73 Prerequisites for Forfeiture

(1) If an unlawful act has been committed and the perpetrator or inciter or accessory has acquired something as a result thereof or for the purpose of committing it, then the court shall order its forfeiture. This shall not apply to the extent that a claim by the aggrieved party has arisen out of the act the satisfaction of which would deprive the perpetrator or inciter or accessory of the value of that which was acquired by virtue of the act.

(2) The order of forfeiture shall extend to derived benefits. It may also extend to objects which the perpetrator or inciter or accessory has acquired through alienation of an acquired object, as a replacement for its destruction, damage or seizure or on the basis of an acquired right.

(3) If the perpetrator or inciter or accessory acted for another and the latter acquired something thereby, then the order of forfeiture under subsections (1) and (2) shall be directed at him.

(4) Forfeiture of an object shall also be ordered if it is owned or claimed by a third party, who furnished it for the act or otherwise with knowledge of the attendant circumstances of the act.

Section 73a Forfeiture of the Replacement Value

To the extent that the forfeiture of a particular object is impossible due to the nature of what was acquired or for some other reason or because forfeiture of a replacement object pursuant to Section 73 subsection (2), sent. 2, has not been ordered, the court shall order the forfeiture of a sum of money which corresponds to the value of that which was acquired. The court shall also make such an order collateral to the forfeiture of an object to the extent its value falls short of the value of that which was originally acquired.

Section 73b Estimation

The extent of what has been acquired and its value, as well as the amount of the claim the satisfaction of which would deprive the perpetrator or inciter or accessory of that which was acquired, may be estimated.

Section 73c Hardship Provision

(1) Forfeiture shall not be ordered to the extent it would constitute an undue hardship for the person affected. The order need not be made to the extent the value of that which was acquired is no longer part of the affected person’s assets at the time of the order or if that which was acquired is only of slight value.

(2) In approving facilitation of payment Section 42 shall apply accordingly.

Section 73d Extended Forfeiture

(1) If an unlawful act has been committed pursuant to a law which refers to this provision, then the court shall also order the forfeiture of objects of the perpetrator or inciter or accessory if the circumstances justify the assumption that these objects were acquired as a result of unlawful acts, or for the purpose of committing them. Sentence 1 shall also be applicable if the perpetrator or inciter or accessory does not own or have a claim to the object only because he acquired the object as a result of an unlawful act or for the purpose of committing it. Section 73 subsection (2), shall apply accordingly.

(2) If forfeiture of a particular object after the act has become impossible in whole or in part, then Sections 73a and 73b shall to that extent be applied by analogy.

(3) If, after an order of forfeiture pursuant to subsection (1) due to another unlawful act which the perpetrator or inciter or accessory committed before the order, a decision must again be made as to the forfeiture of objects of the perpetrator or inciter or accessory, then the court, in so doing, shall consider the order already issued.

(4) Section 73c shall apply accordingly.

Section 73e Effect of Forfeiture

(1) If forfeiture of an object is ordered, then ownership of the property or the right forfeited shall pass to the state when the decision becomes final, if the person affected by the order has a claim thereto at the time. The rights of third parties in the object shall remain intact.

(2) Before it becomes final the order shall have the effect of prohibiting alienation within the meaning of section 136 of the Civil Code; the prohibition shall also encompass dispositions other than alienations.

Section 74 Prerequisites for Confiscation

(1) If an intentional crime has been committed, then objects which were generated thereby or used or intended for use in its commission or preparation may be confiscated.

(2) Confiscation shall only be permissible if:

1. the perpetrator or inciter or accessory owns or has a claim to the objects at the time of the decision; or

2. the objects, due to their nature and the circumstances, endanger the general public or there exists a danger that they will be used for the commission of unlawful acts.

(3) Under the provisions of subsection (2), no. 2, confiscation of objects shall also be permissible if the perpetrator acted without guilt.

(4) If confiscation is prescribed or permitted by a special provision over and above subsection (1), then subsections (2) and (3) shall apply accordingly.

Section 74a Extended Prerequisites for Confiscation

If the law refers to this provision, then objects may also be confiscated, as an exception to Section 74 subsection (2), no. 1, if at the time of the decision the person who owns or has a claim to them:

1. has at least recklessly contributed to the fact that the property or the right thereto has been the object or instrumentality of the act or its preparation; or

2. has acquired the objects in a reprehensible manner with knowledge of the circumstances which would have permitted their confiscation.

Section 74b Principle of Proportionality

(1) If confiscation is not prescribed, then it may not be ordered in cases under Sections 74 subsection (2), no. 1 and 74a when it is disproportionate to the significance of the act committed or the reproach attaching to the perpetrator or inciter or accessory or the third party in cases of Section 74a affected by the confiscation.

(2) In cases under Sections 74 and 74a the court shall order that the confiscation be reserved and shall impose a less incisive measure if the objective of the confiscation can also be thereby attained. Particular consideration shall be given to instructions:

1. to render the objects unusable;

2. to remove particular fittings or distinguishing marks or otherwise modify the objects; or

3. to deal with the objects in a specified manner. If the instructions are followed, the reservation on confiscation shall be lifted; otherwise the court shall subsequently order the confiscation.

(3) If the confiscation is not prescribed, then it may be limited to a part of the objects.

Section 74c Confiscation of Replacement Value

(1) If the perpetrator or inciter or accessory has used, particularly through alienation or consumption, the object which he owned or had a claim to at the time of the act and which could have been subject to confiscation, or if he has otherwise obstructed the confiscation of the object, then the court may order the confiscation from the perpetrator or inciter or accessory of a sum of money no greater than an amount equivalent to the value of the object.

(2) The court may also make such an order collateral to the confiscation of an object or in place thereof, if the perpetrator or inciter or accessory has, prior to the decision on confiscation, encumbered it with the right of a third party, the extinguishment of which cannot be ordered without compensation or could not be ordered in the case of confiscation (Sections 74e subsection (2), and 74f); if the court makes the order collateral to the confiscation, then the amount of the replacement value shall be measured according to the value of the encumbrance on the object.

(3) The value of the object and the encumbrance may be estimated.

(4) In approving facilitation of payment Section 42 shall apply.

Section 74d Confiscation of Writings and Rendering Unusable

(1) Writings (Section 11 subsection (3)), which have a content such that every intentional dissemination with knowledge of their content would satisfy the elements of a penal norm, shall be confiscated if at least one copy was disseminated by means of an unlawful act or was intended for such dissemination. It shall simultaneously be ordered that the equipment used or intended for the production of the writings, such as plates, frames, type, blocks, negatives or stencils, be rendered unusable.

(2) The confiscation shall extend only to copies which are in the possession of the persons involved in their dissemination or preparation or which have been publicly displayed or, having been forwarded for dissemination, have not yet been distributed to the recipient.

(3) Subsection (1) shall correspondingly apply to writings (Section 11 subsection (3)) which have a content such that intentional dissemination with knowledge of their content would satisfy the elements of a penal norm only when additional attendant circumstances of the act are present. Confiscation and rendering unusable shall, however, only be ordered to the extent that:

1. the copies and the objects indicated in subsection (1), sentence 2 are in the possession of the perpetrator, inciter or accessory or another on whose behalf the perpetrator or inciter or accessory acted, or are intended by these people for dissemination; and

2. the measures are required to prevent unlawful dissemination by these persons.

(4) It shall be deemed equivalent to dissemination within the meaning of subsections (1) to (3), if a writing (Section 11 subsection (3)) or at least one copy of the writing has been made accessible to the public by display, posting, presentation or other means.

(5) Section 74b subsections (2) and (3), shall apply accordingly.

Section 74e Effect of Confiscation

(1) If an object is confiscated, then ownership of the property or the right confiscated shall pass to the state when the decision becomes final.

(2) The rights of third parties in the object shall remain intact. However, the court shall order the extinguishment of these rights if it bases confiscation on the fact that the conditions of Section 74 subsection (2), no. 2, exist. It may also order the extinguishment of the rights of a third party if he may not be granted compensation pursuant to Section 74f subsection (2), nos. 1 or 2.

(3) Section 73e subsection (2), shall apply accordingly for the order of confiscation and the order reserving confiscation, even when it has not yet become final.

Section 74f Compensation

(1) If a third party had a claim of ownership in the property or the confiscated right at the time the decision on confiscation or rendering unusable became final or if the object was encumbered by a right of a third party which was extinguished or interfered with by the decision, then the third party shall be appropriately compensated in money from the public treasury taking into consideration the fair market value.

(2) Compensation shall not be granted, if:

1. the third party has at least recklessly contributed to the fact that the property or the right thereto has been the object or instrumentality of the act or its preparation;

2. the third party has acquired the object or the right in the object in a reprehensible manner with knowledge of the circumstances which permit its confiscation or rendering unusable; or

3. it would be permissible, under the circumstances which justify the confiscation or rendering unusable, to confiscate the object from the third party permanently and without compensation on the basis of legal provisions outside of the criminal law.

(3) In cases under subsection (2) compensation may be granted to the extent it would constitute an undue hardship to refuse it.

Section 75 Special Provision for Entities and Representatives

If someone commits an act:

1. as an entity authorized to represent a legal person or as a member of such an entity;

2. as chairman of the executive committee of an association without legal capacity or as a member of such committee;

3. as a partner authorized to represent a commercial partnership; or

4. as authorized representative with full power of attorney or in a management position as general agent or authorized representative with a commercial power of attorney of a legal person or an association of persons named in numbers 2 or 3, which in relation to him and under the other prerequisites of Sections 74 to 74c and 74f would permit the confiscation of an object or its replacement value or justify the exclusion of compensation, then his act shall be attributed by application of these provisions to the person represented. Section 14 subsection (3), shall apply accordingly.

Common Provisions

Section 76 Subsequent Order of Forfeiture or Confiscation of Replacement Value

If an order of forfeiture or confiscation of an object is not practicable or insufficient because one of the preconditions indicated in Sections 73a, 73d subsection (2), or 74c has occurred or become known, then the court may subsequently order the forfeiture or confiscation of the replacement value.

Section 76a Independent Orders

(1) If for factual reasons no particular person may be prosecuted or convicted of the crime, then forfeiture or confiscation of the object or the replacement value or its rendering unusable may be independently ordered if the preconditions under which the measure is prescribed or permitted otherwise exist.

(2) Subsection (1) shall also be applicable under the provisions of Sections 74 subsection (2), no. 2 subsection (3) and 74d, if:

1. prosecution of the crime is barred by the statute of limitations; or

2. for legal reasons no particular person may be prosecuted and the law does not provide otherwise. Confiscation or rendering unusable may not, however, be ordered in the absence of a complaint, authorization, or request for prosecution.

(3) Subsection (1) shall also be applicable if the court dispenses with punishment or if the proceeding is terminated pursuant to a provision which permits this in the discretion of the public prosecution office or the court or with the agreement of both.

Chapter Four

Criminal Complaint, Authorization, Request For Prosecution

Section 77 Persons Entitled to File a Complaint

(1) If the act may only be prosecuted upon complaint, then, to the extent the law does not provide otherwise, the aggrieved party may file a complaint.

(2) If the aggrieved party dies, then his right to file a complaint passes in cases where the law so provides to his spouse and children. If the aggrieved party has left neither a spouse nor children or if they have died before the expiration of the period for filing the complaint, then the right to file the complaint passes to the parents and, if they have also died before the expiration of the period for filing the complaint, to the siblings and grandchildren. If a relative has participated in the act or his relationship with the aggrieved party has ceased to exist, then he is excluded from those to whom the right to file the complaint may pass. The right to file the complaint does not pass if prosecution is at variance with the expressed desire of the aggrieved party.

(3) If the person entitled to file a complaint has no legal capacity or only has limited legal capacity, then the statutory representative for his personal affairs and the person responsible for the care of the person entitled to file a complaint may file a complaint.

(4) If more than one person is entitled to file a complaint, then each may file a complaint independently.

Section 77a Complaint by a Superior in the Public Service

(1) If the act has been committed by or against a public official, a person with special public service obligations, or a soldier in the Federal Armed Forces and may be prosecuted upon complaint by his superior in the public service under whom the concerned person served at the time of the act, then that superior in the public service is entitled to file the complaint.

(2) In the case of professional judges, whoever exercises official supervision over the judge shall be entitled to file the complaint in place of the superior in the public service. In the case of soldiers the superior in the public service shall be the superior in disciplinary matters.

(3) In the case of a public official or a person with special public service obligations, who does not or did not have a superior in the public service, the public agency for which he worked may file the complaint. If the public official or the person with obligations himself manages this public agency, then the state supervisory authority is entitled to file the complaint.

(4) In the case of members of the Federal Government or members of a Land government, the Federal Government and Land government, respectively, shall be entitled to file the complaint.

Section 77b Period for Filing a Complaint

(1) An act, which may only be prosecuted upon complaint, shall not be prosecuted if the person entitled to file the complaint fails to file the complaint before the expiration of a three-month period. If the end of the period falls on a Sunday, a general holiday or a Saturday, then the period shall end with the expiration of the next workday.

(2) The period shall begin upon the expiration of the day on which the entitled person acquired knowledge of the act and the identity of the perpetrator. If prosecution of the act is also dependent on a decision as to the nullity or dissolution of a marriage, then the period shall not begin before the expiration of the day on which the entitled person acquires knowledge of the finality of the decision. For a complaint by the statutory representative or the person responsible for the care of the person, their knowledge is decisive.

(3) If more than one person is entitled to file a complaint or more than one person participated in the act, then the period shall run separately for and against each person.

(4) If as a result of the death of the aggrieved party the right to file a complaint has passed to relatives, then the period shall end at the earliest three months and at the latest six months after the death of the aggrieved party.

(5) The running of the period shall be tolled if an application has been received at a settlement board to conduct a conciliation attempt pursuant to section 380 of the Code of Criminal Procedure until the issuance of the certificate pursuant to section 380 subsection (1), sent. 2, of the Code of Criminal Procedure.

Section 77c Acts Committed Reciprocally

In the case of acts committed reciprocally which are connected with one another and may only be prosecuted upon complaint, if one entitled person has filed for criminal prosecution of the other, then the other’s right to file a complaint is extinguished if he has not exercised it before the completion of his last word in the proceedings at first instance. He may still file the complaint even if, for him, the period for filing the complaint has expired.

Section 77d Withdrawal of the Complaint

(1) The complaint may be withdrawn. The withdrawal may be declared up until the conclusion of criminal proceedings has become final. A withdrawn complaint may not be refiled.

(2) If the aggrieved party, or, in the case of his death, the person entitled, dies after he has filed the complaint, then the spouse, children, parents, siblings or grandchildren of the aggrieved party may withdraw the complaint in the order indicated in Section 77 subsection (2). More than one relative of equal rank may only exercise the right jointly. Whoever participated in the act may not withdraw the complaint.

Section 77e Authorization and Request for Prosecution

If the act may be prosecuted only with authorization or upon a request for prosecution, then Sections 77 and 77d shall apply accordingly.

Chapter Five

Statutes of Limitations

Title One

Statute of Limitations For Prosecution

Section 78 Period of Limitation

(1) The imposition of punishment and the ordering of measures (Section 11 subsection (1), no. shall be excluded on expiry of the period of the statute of limitations. Section 76a subsection (2), sent.1, no. 1, shall remain unaffected.

(2) Serious criminal offenses under Section 220a (genocide) and Section 211 (murder) are not subject to a statute of limitations.

(3) To the extent that prosecution is subject to a statute of limitations, the period of limitation shall be:

1. thirty years in the case of acts punishable by imprisonment for life;

2. twenty years in the case of acts punishable by a maximum term of imprisonment of more than ten years;

3. ten years in the case of acts punishable by a maximum term of imprisonment of more than five years but not more than 10 years;

4. five years in the case of acts punishable by a maximum term of imprisonment of more than one year but not more than five years;

5. three years in the case of other acts.

(4) The period shall conform to the punishment threatened by the norm defining the elements of the offense fulfilled by the act, irrespective of aggravating or mitigating circumstances provided for in the provisions of the General Part or for especially serious or less serious cases.

Section 78a Commencement

The statute of limitations shall commence to run as soon as the act is completed. If a result constituting an element of the offense only occurs later, then the statute of limitations shall commence to run at that time.

Section 78b Tolling

(1) The statute of limitations shall be tolled:

1. until the victim of crimes under Sections 176 to 179 is eighteen years of age;

2. as long as the prosecution may, according to the law, not be commenced or continued; this shall not apply if the act may not be prosecuted only because complaint, authorization or request for prosecution are lacking.

(2) If prosecution is not possible because the perpetrator is a member of the Bundestag or a legislative body of a Land, then the tolling of the statute of limitations shall commence upon expiration of the day on which:

1. the public prosecutor or a public authority or a police officer acquires knowledge of the act and the identity of the perpetrator; or

2. a criminal information or criminal complaint has been lodged against the perpetrator (section 158 Code of Criminal Procedure).

(3) If a judgment has been rendered in the proceedings at first instance before the expiration of the period of limitation, then the period of limitation shall not expire before the time the proceedings have been concluded with finality.

(4) If the law provides for imprisonment for more than five years in aggravation in especially serious cases and trial proceedings have been instituted in the Landgericht (Regional Court), then the statute of limitations shall be tolled in cases under Section 78 subsection (3), no. 4, from the opening of proceedings in the trial court, but at most for a period of five years; subsection (3) remains unaffected.

Section 78c Interruption

(1) The running of the statute of limitations shall be interrupted by:

1. the first interrogation of the accused, notice that investigative proceedings have been initiated against him, or the order for such interrogation or notice;

2. any judicial interrogation of the accused or the order thereof;

3. any commissioning of an expert by the judge or public prosecutor if the accused has previously been interrogated or he has been given notice of the initiation of investigative proceedings;

4. any judicial seizure or search order and judicial decisions which uphold them;

5. an arrest warrant, placement order, order to be brought before a judge for interrogation and judicial decisions which uphold them;

6. the preferment of a public indictment;

7. the institution of proceedings in the trial court;

8. any setting of a trial date;

9. a penal order or another decision equivalent to a judgment;

10. the provisional judicial dismissal of the proceedings due to the absence of the indicted accused as well as any order of the judge or public prosecutor which issues after such a dismissal of the proceedings or in proceedings in absentia to ascertain the whereabouts of the indicted accused or to secure evidence;

11. the provisional judicial dismissal of the proceedings due to the lack of capacity of the indicted accused to stand trial as well as any order of the judge or public prosecutor which issues after such a dismissal of the proceedings to review the fitness of the indicted accused to stand trial; or

12. any judicial request to undertake an investigative act abroad. In a preventive detention proceeding and in an independent proceeding, the running of the statute of limitations shall be interrupted by acts in the conduct of a preventive detention proceeding or an independent proceeding which correspond to those in sentence 1.

(2) The running of the statute of limitations shall be interrupted by a written order or decision at the time at which the order or decision is signed. If the document is not immediately processed after signing, then the time it is actually submitted for processing shall be decisive.

(3) After each interruption the statute of limitations shall commence to run anew. Prosecution shall be barred at the latest by the statute of limitations, however, when twice the statutory period of limitation has elapsed since the time indicated in Section 78a, or three years, if the period of limitation is shorter than three years. Section 78b shall remain unaffected.

(4) The interruption shall have effect only in relation to the person to whom the act relates.

(5) If a norm which applies at the time the act is completed is amended before the decision and the period of limitation is thereby shortened, then acts triggering an interruption, which have been undertaken before the entry into force of the new law, shall maintain their effect, even if at the time of the interruption the prosecution would already have been barred by the statute of limitations under the new law.

Title Two

Statute of Limitations For Execution

Section 79 Period of Limitation

(1) An imposed punishment or measure (Section 11 subsection (1), no. which has become final may no longer be executed after the expiration of the period of limitation.

(2) The execution of punishments for genocide (Section 220a) and of imprisonment for life are not subject to a statute of limitations.

(3) The period of limitation shall be:

1. twenty-five years for a term of imprisonment of more than ten years;

2. twenty years for a term of imprisonment of more than five years but not more than ten years;

3. ten years for a term of imprisonment of more than one year but not more than five years;

4. five years for a term of imprisonment of not more than one year and fines of more than thirty daily rates;

5. three years for fines of not more than thirty daily rates.

(4) The execution of preventive detention shall not be subject to a statute of limitations. In the case of other measures the period of limitations shall be ten years. If, however, supervision of conduct or a first placement in an institution for withdrawal treatment has been ordered, then the period shall be five years.

(5) If imprisonment and a fine are simultaneously imposed or if, collateral to a punishment, a measure involving deprivation of liberty, forfeiture, confiscation or rendering unusable is ordered, then the execution of the punishment or the measure shall not be barred by the statute of limitations before the execution of the other. However, a simultaneous order of preventive detention shall not prevent the running of the statute of limitations for the execution of punishments or other measures.

(6) The statute of limitations shall commence to run when the decision becomes final.

Section 79a Tolling

The statute of limitations shall be tolled:

1. as long as the execution may not, according to law, be commenced or continued;

2. as long as the convicted person is granted: (a) a deferment or interruption of the execution; (b) suspension of sentence and probation by judicial decision or by act of clemency; or (c) facilitation of payment in the case of a fine, forfeiture or confiscation.

3. as long as the convicted person is held in custody in an institution by order of a public authority in Germany or abroad.

Section 79b Extension

The court may, upon application of the executing authority, extend the period of limitation once before its expiration by one half of the statutory period of limitation, if the convicted person is staying in a territory from which his extradition or transfer can not be obtained.

Special Part

Chapter One

Crimes Against Peace, High Treason And Endangering The Democratic Rule of Law

Title One

Crimes Against Peace

Section 80 Preparation of a War of Aggression

Whoever prepares a war of aggression (Article 26 subsection (1), of the Basic Law) in which the Federal Republic of Germany is supposed to participate and thereby creates a danger of war for the Federal Republic of Germany, shall be punished with imprisonment for life or for not less than ten years.

Section 80a Incitement to a War of Aggression

Whoever publicly incites to a war of aggression (Section 80) in a meeting or through the dissemination of writings (Section 11 subsection (3)) in the territorial area of application of this law shall be punished with imprisonment from three months to five years.

Title Two

High Treason

Section 81 High Treason Against the Federation

(1) Whoever undertakes with force or through threat of force:

1. to undermine the continued existence of the Federal Republic of Germany; or

2. to change the constitutional order based on the Basic Law of the Federal Republic of Germany,

shall be punished with imprisonment for life or for not less than ten years.

(2) In less serious cases the punishment shall be imprisonment from one year to ten years.

Section 82 High Treason Against a Land

(1) Whoever undertakes with force or through threat of force:

1. to incorporate the territory of one Land in whole or in part into another Land of the Federal Republic of Germany or to separate a part of a Land from it; or

2. to change the constitutional order based on the constitution of a Land,

shall be punished with imprisonment from one year to ten years.

(2) In less serious cases the punishment shall be imprisonment from six months to five years.

Section 83 Preparation of a High Treasonous Undertaking

(1) Whoever prepares a specific high treasonous undertaking against the federal government shall be punished with imprisonment from one year to ten years, in less serious cases with imprisonment from one year to five years.

(2) Whoever prepares a specific high treasonous undertaking against a Land shall be punished with imprisonment from three months to five years.

Section 83a Active Remorse

(1) In cases under Sections 81 and 82 the court in its discretion may mitigate the punishment (Section 49 subsection (2)) or refrain from the imposition of punishment pursuant to these provisions, if the perpetrator voluntarily renounces the further execution of the act and averts or substantially lessens a known danger that others will further execute the undertaking, or if he voluntarily prevents the completion of the act.

(2) In cases under Section 83 the court may proceed according to subsection (1) if the perpetrator voluntarily renounces his plan and averts or substantially lessens a known danger caused by him that others will further prepare or execute the undertaking or if he voluntarily prevents the completion of the act.

(3) If the indicated danger is averted or substantially lessened or the completion of the act is prevented due in no part to the contribution of the perpetrator, then his voluntary and earnest efforts to attain this goal shall suffice.

Title Three

Endangering The Democratic Rule of Law

Section 84 Continuation of a Party Which Has Been Declared to be Unconstitutional

(1) Whoever, within the territorial area of application of this law, as ringleader or supporter, maintains the organizational cohesion of:

1. a party which has been declared to be unconstitutional by the Federal Constitutional Court; or

2. a party, which the Federal Constitutional Court has determined to be a substitute organization for a banned party,

shall be punished with imprisonment from three months to five years. An attempt shall be punishable.

(2) Whoever is active as a member in a party of the type indicated in subsection (1) or whoever supports its organizational cohesion, shall be punished with imprisonment for not more than five years or a fine.

(3) Whoever contravenes a decision on the merits of the Federal Constitutional Court handed down in a proceeding pursuant to Article 21 subsection (2), of the Basic Law or in a proceeding pursuant to Section 33 subsection (2), of the Law on Political Parties or an enforceable measure imposed in execution of a decision on the merits issued in such proceedings, shall be punished with imprisonment for not more than five years or a fine. A proceeding pursuant to Article 18 of the Basic Law shall be the equivalent of the proceedings indicated in sentence 1.

(4) In cases under subsection (1), sentence 2 and subsections (2) and (3), sentence 1, the court in its discretion may mitigate the sentence (Section 49 subsection (2)) or refrain from the imposition of punishment pursuant to these provisions in the case of participants whose guilt is slight and whose participation is of minor significance.

(5) In cases under subsections (1) and (3), sentence 1, the court in its discretion may mitigate the sentence (Section 49 subsection (2)) or refrain from the imposition of punishment pursuant to these provisions, if the perpetrator makes a voluntarily and earnest effort to prevent the continued existence of the party; if he attains this goal or if it is attained due in no part to his efforts, then the perpetrator shall not be punished.

Section 85 Violation of a Ban of an Organization

(1) Whoever, within the territorial area of application of this law, as ringleader or supporter, maintains the organizational cohesion of:

1. a party or organization, as to which it has been determined, no longer subject to appeal, that it is a substitute organization of a banned party in a proceeding pursuant to Section 33 subsection (3), of the Law on Political Parties; or

2. an organization, which has been banned, no longer subject to appeal, because it is directed against the constitutional order or against the idea of international understanding, or as to which it has been determined, no longer subject to appeal, that it is a substitute organization of such a banned organization, shall be punished with imprisonment for not more than five years or a fine. An attempt shall be punishable.

(2) Whoever is active as a member in a party or organization of the type indicated in subsection (1) or whoever supports its organizational cohesion, shall be punished with imprisonment for not more than three years or a fine.

(3) Section 84 subsections (4) and (5), shall apply accordingly.

Section 86 Dissemination of Means of Propaganda of Unconstitutional Organizations

(1) Whoever domestically disseminates or produces, stocks, imports or exports or makes publicly accessible through data storage media for dissemination domestically or abroad, means of propaganda:

1. of a party which has been declared to be unconstitutional by the Federal Constitutional Court or a party or organization, as to which it has been determined, no longer subject to appeal, that it is a substitute organization of such a party;

2. of an organization, which has been banned, no longer subject to appeal, because it is directed against the constitutional order or against the idea of international understanding, or as to which it has been determined, no longer subject to appeal, that it is a substitute organization of such a banned organization;

3. of a government, organization or institution outside of the territorial area of application of this law which is active in pursuing the objectives of one of the parties or organizations indicated in numbers 1 and 2; or

4. means of propaganda, the contents of which are intended to further the aims of a former National Socialist organization,

shall be punished with imprisonment for not more than three years or a fine.

(2) Means of propaganda within the meaning of subsection (1) shall only be those writings (Section 11 subsection (3)) the content of which is directed against the free, democratic constitutional order or the idea of international understanding.

(3) Subsection (1) shall not be applicable if the means of propaganda or the act serves to further civil enlightenment, to avert unconstitutional aims, to promote art or science, research or teaching, reporting about current historical events or similar purposes.

(4) If guilt is slight, the court may refrain from imposition of punishment pursuant to this provision.

Section 86a Use of Symbols of Unconstitutional Organizations

(1) Whoever:

1. domestically distributes or publicly uses, in a meeting or in writings (Section 11 subsection (3)) disseminated by him, symbols of one of the parties or organizations indicated in Section 86 subsection (1), nos. 1, 2 and 4; or

2. produces, stocks, imports or exports objects which depict or contain such symbols for distribution or use domestically or abroad, in the manner indicated in number 1,

shall be punished with imprisonment for not more than three years or a fine.

(2) Symbols, within the meaning of subsection (1), shall be, in particular, flags, insignia, uniforms, slogans and forms of greeting. Symbols which are so similar as to be mistaken for those named in sentence 1 shall be deemed to be equivalent thereto.

(3) Section 86 subsections (3) and (4), shall apply accordingly.

Section 87 Activity as an Agent for the Purpose of Sabotage

(1) Whoever carries out a commission of a government, organization or institution outside of the territorial area of application of this law in preparation of acts of sabotage which are to be committed in this area of application, by:

1. maintaining readiness to commit such acts upon instructions of one of the indicated agencies;

2. gathering information about objects of sabotage;

3. producing, procuring for oneself or another, storing, giving to another or importing into this area means for sabotage;

4. establishing, maintaining or inspecting depots for the receiving of means of sabotage or bases for sabotage activity;

5. accepting or giving instructions to others in how to commit acts of sabotage; or

6. establishing or maintaining the link between one of the agents of sabotage (numbers 1 to 5) and one of the indicated agencies, and thereby intentionally or knowingly gives his support to efforts against the continued existence or security of the Federal Republic of Germany or against its constitutional principles,

shall be punished with imprisonment for not more than five years or a fine.

(2) Acts of sabotage within the meaning of subsection (1) shall be:

1. acts which fulfill the elements of any of the following offenses: Sections 109e, 305, 306 to 306c, 307 to 309, 313, 315, 315b, 316b, 316c subsection (1), no. 2, 317 or 318; and

2. other acts which thereby obstruct or disturb the operation of an enterprise which is vital for the national defense, the protection of the civilian population from the dangers of war, or the national economy by destroying, damaging, removing, altering or rendering unusable a thing of use to the operation or depriving the operation of its allocated energy.

(3) The court may dispense with punishment pursuant to these provisions, if the perpetrator renounces his conduct and discloses his knowledge to a government agency in time so that the acts of sabotage, the planning of which he is aware, may still be prevented.

Section 88 Anti-Constitutional Sabotage

(1) Whoever, as ringleader or supporter of a group or individually, without acting with or for such a group, intentionally causes, by acts of interference within the territorial area of application of this law, that:

1. enterprises or facilities which provide public mail services or public transportation;

2. telecommunications facilities, which serve public objectives;

3. enterprises or facilities which provide the public with water, light, heat or power or are otherwise vital for the maintenance of the population;

4. government agencies, facilities, installations or objects which entirely or predominantly contribute to public safety or order, cease to function, in whole or in part, or are deprived of their legally determined purposes, and thereby intentionally gives his support to efforts against the continued existence or security of the Federal Republic of Germany or against its constitutional principles,

shall be punished with imprisonment for not more than five years or a fine.

(2) An attempt shall be punishable.

Section 89 Anti-Constitutional Influence on the Federal Armed Forces and Public Security Organs

(1) Whoever systematically exerts influence on members of the Federal Armed Forces or of a public security organ in order to undermine their duty-bound readiness to protect the security of the Federal Republic of Germany or the constitutional order and thereby intentionally gives support to efforts against the continued existence or security of the Federal Republic of Germany or against its constitutional principles, shall be punished with imprisonment for not more than five years or a fine.

(2) An attempt shall be punishable.

(3) Section 86 subsection (4), shall apply accordingly.

Section 90 Disparagement of the Federal President

(1) Whoever publicly disparages the Federal President in a meeting or through the dissemination of writings (Section 11 subsection (3)) shall be punished with imprisonment from three months to five years.

(2) In less serious cases the court in its discretion may mitigate the punishment (Section 49 subsection (2)) if the requirements of Section 188 have not been fulfilled.

(3) The punishment shall be imprisonment from six months to five years if the act constitutes a defamation (Section 187) or if the perpetrator by the act intentionally gives his support to efforts against the continued existence of the Federal Republic of Germany or against its constitutional principles.

(4) The act shall be prosecuted only with the authorization of the Federal President.

Section 90a Disparagement of the State and its Symbols

(1) Whoever publicly, in a meeting or through the dissemination of writings (Section 11 subsection (3)):

1. insults or maliciously maligns the Federal Republic of Germany or one of its Lands or its constitutional order; or

2. disparages the colors, flag, coat of arms or the anthem of the Federal Republic of Germany or one of its Lands,

shall be punished with imprisonment for not more than three years or a fine.

(2) Whoever removes, destroys, damages, renders unusable or unrecognizable, or commits insulting mischief upon a publicly displayed flag of the Federal Republic of Germany or one of its Lands or a national emblem installed by a public authority of the Federal Republic of Germany or one of its Lands shall be similarly punished. An attempt shall be punishable.

(3) The punishment shall be imprisonment for not more than five years or a fine if the perpetrator by the act intentionally gives support to efforts against the continued existence of the Federal Republic of Germany or against its constitutional principles.

Section 90b Anti-Constitutional Disparagement of Constitutional Organs

(1) Whoever publicly, in a meeting or through the dissemination of writings (Section 11 subsection (3)) disparages a constitutional organ, the government or the constitutional court of the Federation or of a Land or one of their members in this capacity in a manner endangering respect for the state and thereby intentionally gives support to efforts against the continued existence of the Federal Republic of Germany or against its constitutional principles, shall be punished with imprisonment from three months to five years.

(2) The act shall be prosecuted only with the authorization of the constitutional organ or member affected.

Section 91 Area of Application

Sections 84, 85 and 87 shall only apply for acts which are committed in the course of conduct engaged in within the territorial area of application of this law.

Title Four

Common Provisions

Section 92 Definition of Terms

(1) Within the meaning of this law, a person undermines the continued existence of the Federal Republic of Germany if he causes the abolition of its freedom from foreign domination, the destruction of its national unity, or the separation of one of its constituent territories.

(2) Constitutional principles, within the meaning of this law, shall be:

1. the right of the people to exercise state power in elections and ballots and through particular organs of legislative, executive and judicial power and to elect parliament in general, direct, free, equal and secret elections;

2. the subjection of legislation to the constitutional order and the subjection of the executive and judicial power to law and justice;

3. the right to form and exercise a parliamentary opposition;

4. the replaceability of the government and its responsibility to parliament;

5. the independence of the courts; and

6. the exclusion of any rule by force and decree.

(3) Within the meaning of this law:

1. efforts against the continued existence of the Federal Republic of Germany shall be such efforts, the supporters of which work toward undermining the continued existence of the Federal Republic of Germany (subsection (1));

2. efforts against the security of the Federal Republic of Germany shall be such efforts, the supporters of which work toward undermining the external or internal security of the Federal Republic of Germany;

3. efforts against constitutional principles shall be such efforts, the supporters of which work toward destroying, invalidating or undermining a constitutional principle (subsection (2)).

Section 92a Collateral Consequences

Collateral to imprisonment of at least six months for a crime under this section, the court may deprive the person of the capacity to hold public office, the capacity to attain public electoral rights, and the right to elect or vote in public matters (Section 45 subsections (2) and (5)).

Section 92b Confiscation

If a crime in this section has been committed, then:

1. objects, which were generated by the act or used or intended for use in its commission or preparation; and

2. objects, to which a crime under Sections 80a, 86, 86a, 90 to 90b relates, may be confiscated. Section 74 shall be applicable.

Chapter Two

Treason And Endangering External Security

Section 93 Definition of State Secret

(1) State secrets are facts, objects or knowledge which are only accessible to a limited category of persons and must be kept secret from foreign powers in order to avert a danger of serious prejudice to the external security of the Federal Republic of Germany.

(2) Facts which constitute violations of the independent, democratic constitutional order or of international arms control agreements by virtue of having been kept secret from the treaty partners of the Federal Republic of Germany, are not state secrets.

Section 94 Treason

(1) Whoever:

1. communicates a state secret to a foreign power or one of its intermediaries; or

2. otherwise allows a state secret to come to the attention of an unauthorized person or to become known to the public in order to prejudice the Federal Republic of Germany or benefit a foreign power, and thereby creates a danger of serious prejudice to the external security of the Federal Republic of Germany,

shall be punished with imprisonment for not less than one year.

(2) In especially serious cases the punishment shall be imprisonment for life or for not less than five years. An especially serious case exists as a rule, if the perpetrator:

1. abuses a position of responsibility which especially obligates him to safeguard state secrets; or

2. creates by the act the danger of an especially serious prejudice to the external security of the Federal Republic of Germany.

Section 95 Disclosure of State Secrets

(1) Whoever allows a state secret, which has been kept secret by an official agency or at its behest, to come to the attention of an unauthorized person or become known to the public, and thereby creates the danger of serious prejudice to the external security of the Federal Republic of Germany, shall be punished with imprisonment from six months to five years if the act is not punishable under Section 94.

(2) An attempt shall be punishable.

(3) In especially serious cases the punishment shall be imprisonment from one year to ten years. Section 94 subsection (2), shall be applicable.

Section 96 Treasonous Espionage; Gathering Information About State Secrets

(1) Whoever obtain a state secret in order to betray it (Section 94), shall be punished with imprisonment from one year to ten years.

(2) Whoever obtains a state secret, which has been kept secret by an official agency or at its behest, in order to disclose it (Section 95), shall be punished with imprisonment from six months to five years. An attempt shall be punishable.

Section 97 Revelation of State Secrets

(1) Whoever allows a state secret, which has been kept secret by an official agency or at its behest, to come to the attention of an unauthorized person or become known to the public, and thereby negligently causes the danger of serious prejudice to the external security of the Federal Republic of Germany, shall be punished with imprisonment for not more than five years or a fine.

(2) Whoever recklessly allows a state secret, which has been kept secret by an official agency or at its behest and which was accessible to him by reason of his public office, government position, or assignment given by an official agency, to come to the attention of an unauthorized person, and thereby negligently causes the danger of serious prejudice to the external security of the Federal Republic of Germany, shall be punished with imprisonment for not more than three years or a fine.

(3) The act shall be prosecuted only with the authorization of the federal government.

Section 97a Betrayal of Illegal Secrets

Whoever communicates a secret, which is not a state secret because of one of the violations indicated in Section 93 subsection (2), to a foreign power or one of its intermediaries and thereby creates the danger of serious prejudice to the external security of the Federal Republic of Germany, shall be punished as a traitor (Section 94). Section 96 subsection (1), in conjunction with Section 94 subsection (1), no. 1, shall be correspondingly applicable to secrets of the type indicated in sentence 1.

Section 97b Mistaken Assumption of Betrayal of an Illegal Secret

(1) If the perpetrator acts in cases under Sections 94 to 97 in the mistaken assumption that a state secret is a secret of the type indicated in Section 97a, then he shall be punished pursuant to the indicated provisions, when:

1. he may be reproached for the mistake;

2. he does not act with the intent of preventing the presumed violation; or

3. the act is, under the circumstances, not an appropriate means to accomplish the objective. The act is as a rule not an appropriate means if the perpetrator did not previously appeal to a member of the Bundestag for remedial action.

(2) If the state secret was officially confided or made accessible to the perpetrator in his capacity as a public official of soldier in the Federal Armed Forces, then he shall also be punished if the public official did not previously appeal to a superior in government service, or the soldier to a superior in disciplinary matters, for remedial action. This shall apply to persons with special public service obligations and to persons who are obligated within the meaning of Section 353b subsection (2), by analogy.

Section 98 Treasonous Activity as an Agent

(1) Whoever:

1. engages in activity for a foreign power which is directed towards the acquisition or communication of state secrets; or

2. declares to a foreign power or one of its intermediaries his willingness to engage in such activity, shall be punished with imprisonment for not more than five years or a fine if the act is not punishable pursuant to Sections 94 or 96

(1). In especially serious cases the punishment shall be imprisonment from one year to ten years; Section 94 subsection (2), sent.2, no. 1, shall apply accordingly.

(2) The court in its discretion may mitigate the punishment (Section 49 subsection (2)) or dispense with punishment under these provisions if the perpetrator voluntarily renounces his conduct and discloses his knowledge to a government agency. If the perpetrator, in cases under subsection (2), sentence 1, has been pressured into the conduct by the foreign power or its intermediaries, then he shall not be punished under this provision if he voluntarily renounces his conduct and discloses his knowledge promptly to a government agency.

Section 99 Activity as an Agent for an Intelligence Service

(1) Whoever:

1. engages in intelligence activity for the intelligence service of a foreign power against the Federal Republic of Germany which is directed toward communication or supply of facts, objects or knowledge; or

2. declares to the intelligence service of a foreign power or one of its intermediaries his willingness to engage in such activity,

shall be punished with imprisonment for not more than five years or a fine if the act is punishable neither under Sections 94, 96(1), 97a, nor under Section 97b in conjunction with Section94 or Section 96 subsection (1).

(2) In especially serious cases the punishment shall be from one year to ten years. An especially serious case exists as a rule, if the perpetrator communicates or supplies facts, objects or knowledge which have been kept secret by an official agency or at its behest, and he:

1. abuses a position of responsibility which especially obligates him to safeguard such secrets; or

2. creates by the act the danger of serious prejudice to the Federal Republic of Germany.

(3) Section 98 subsection (2), shall apply accordingly.

Section 100 Peace-endangering Relationships

(1) Whoever, as a German, who has his livelihood in the territorial area of application of this law, with the intent of starting a war or armed action against the Federal Republic of Germany, establishes or maintains relationships with a government, organization or institution outside of the territorial area of application of this law or one of its intermediaries, shall be punished with imprisonment for not less than one year.

(2) In especially serious cases the punishment shall be imprisonment for life or not less than five years. An especially serious case exists as a rule, if the perpetrator creates by the act a serious danger to the continued existence of the Federal Republic of Germany.

(3) In less serious cases the punishment shall be imprisonment from one year to five years.

Section 100a Treasonous Falsification

(1) Whoever, against his better judgment, allows falsified or altered objects, reports concerning them or untrue assertions of a factual nature to come to the attention of another or become known to the public, which, in the case of their being genuine or true would be of significance for the external security of the Federal Republic Germany or its relationships with a foreign power, in order to deceive a foreign power into believing they are genuine objects or facts, and thereby causes the danger of serious prejudice to the external security of the Federal Republic of Germany or its relationship to a foreign power, shall be punished with imprisonment from six months to five years.

(2) Whoever produces such objects through falsification or alteration or procures them, in order to allow them in the manner indicated in subsection (1) to come to the attention of another or become known to the public to deceive a foreign power and thereby causes the danger of serious prejudice to the external security of the Federal Republic of Germany or its relationship to a foreign power, shall be similarly punished.

(3) An attempt shall be punishable.

(4) In especially serious cases the punishment shall be imprisonment for not less than one year. An especially serious case exists as a rule, if the perpetrator creates an especially serious prejudice to the external security of the Federal Republic of Germany or to its relations with a foreign power.

Section 101 Collateral Consequences

Collateral to imprisonment of at least six months for an intentional crime in this section, the court may deprive the person of the capacity to hold public office, the capacity to attain public electoral rights, and the right to elect or vote in public matters (Section 45 subsections (2) and (5)).

Section 101a Confiscation

If a crime under this section has been committed, then:

1. objects, which were generated by the act or used or intended for use in its commission or preparation; and

2. objects, which are state secrets, and objects of the type indicated in Section 100a, to which the act relates, may be confiscated. Section 74 shall be applicable. Objects of the type indicated in sentence 1, number 2, shall be confiscated even in the absence of the prerequisites of Section 74 subsection (2), if this is required in order to avert the danger of a serious prejudice to the external security of the Federal Republic of Germany; this shall also apply if the perpetrator acted without guilt.

Chapter Three

Crimes Against Foreign States

Section 102 Assault Against Organs and Representatives of Foreign States

(1) Whoever commits an assault against the life or limb of a foreign head of state, a member of a foreign government or the head of a foreign diplomatic mission who is accredited in the federal territory, while the assaulted person is in Germany in his official capacity, shall be punished with imprisonment for not more than five years or a fine, in especially serious cases with imprisonment for not less one year.

(2) Collateral to imprisonment of at least six months, the court may deprive the person of the capacity to hold public office, the capacity to attain public electoral rights, and the right to elect or vote in public matters (Section 45 subsections (2) and (5)).

Section 103 Insult to Organs and Representatives of Foreign States

(1) Whoever insults a foreign head of state, or, with respect to his position, a member of a foreign government, who is in Germany in official capacity, or a head of a foreign diplomatic mission who is accredited in the federal territory, shall be punished with imprisonment for not more than three years or a fine, in case of a slanderous insult, with imprisonment from three months to five years.

(2) If the act was committed publicly, in a meeting or through the dissemination of writings (Section 11, subsection (3)), then Section 200 shall be applicable. The public prosecutor may also file an application for publication of the conviction.

Section 104 Injury to Flags or National Emblems of Foreign States

(1) Whoever removes, destroys, damages, renders unrecognizable, or commits insulting mischief with a flag of a foreign state, which is displayed according to legal provisions or recognized custom, or a national emblem of such a state which has been publicly installed by a recognized mission of such state, shall be punished with imprisonment for not more than two years or a fine.

(2) An attempt shall be punishable.

Section 104a Prerequisites for Criminal Prosecution

Crimes under this section shall only be prosecuted if the Federal Republic of Germany maintains diplomatic relations with the other state, reciprocity is guaranteed and was also guaranteed at the time of the act, a request for prosecution by the foreign government exists, and the federal government gives authorization for criminal prosecution.

Chapter Four

Crimes Against Constitutional Organs As Well As During Elections And Ballots

Section 105 Coercion of Constitutional Organs

(1) Whoever, by force or threat of force, unlawfully coerces:

1. a legislative body of the Federation or a Land or one of its committees;

2. the federal assembly or one of its committees; or

3. the government or the constitutional court of the Federation or of a Land,

not to exercise their powers or to exercise them in a particular manner, shall be punished with imprisonment from one year to ten years.

(2) In less serious cases the punishment shall be imprisonment from six months to five years.

Section 106 Coercion of the Federal President and Members of Constitutional Organs

(1) Whoever, by force or threat of appreciable harm, unlawfully coerces:

1. the federal president; or

2. a member:

a) of a legislative body of the Federation or a Land;

b) of the federal assembly; or

c) of the government or the constitutional court of the Federation or a Land,

not to exercise their powers or to exercise them in a particular manner, shall be punished with imprisonment from three months to five years.

(2) An attempt shall be punishable.

(3) In especially serious cases the punishment shall be imprisonment from one year to ten years.

Section 106a Violation of a Protected Zone

(1) Whoever participates in public open-air meetings or processions within the posted protected zone around the building of a legislative body of the Federation or a Land as well as of the Federal Constitutional Court, and thereby violates regulations issued in relation to the protected zone, shall be punished with imprisonment for not more than six months or a fine of not more than one hundred eighty daily rates.

(2) Whoever calls for meetings or processions which are intended to take place within a posted protected zone in violation of the provisions named in subsection (1), shall be punished with imprisonment for not more than two years or a fine.

Section 106b Disturbing the Activity of a Legislative Body

(1) Whoever violates regulations issued either generally or in a particular case by a legislative body of the Federation or a Land or its President relating to security and order in the building of the legislative body or its appurtenant grounds and thereby hinders or disturbs the activity of the legislative body, shall be punished with imprisonment for not more than one year or a fine.

(2) The penal provision of subsection (1) shall apply, in the case of regulations of a legislative body of the Federation or its President, neither to members of the Bundestag nor to members of the Federal Council (Bundesrat) and the federal government, nor to their agents, and in the case of regulations of a Land or its President, neither to the members of the legislative bodies of this Land, nor to the members of the government of the Land or its agents.

Section 107 Obstruction of an Election

(1) Whoever, by force or threat of force, obstructs or disturbs an election or the determination of its results, shall be punished with imprisonment for not more than five years or a fine, in particularly serious cases with imprisonment for not less than one year.

(2) An attempt shall be punishable.

Section 107a Election Fraud

(1) Whoever votes without being entitled thereto or otherwise causes an incorrect election result or falsifies the result, shall be punished with imprisonment for not more than five years or a fine.

(2) Whoever incorrectly announces an election result or causes it to be incorrectly announced, shall be similarly punished.

(3) An attempt shall be punishable.

Section 107b Falsification of Election Papers

(1) Whoever:

1. secures his registration in the voter rolls (election register) by means of false statements;

2. registers another as a voter, whom he knows has no right to be registered;

3. prevents the registration of an eligible voter though he knows of his eligibility to vote;

4. permits himself to be nominated as a candidate in an election, although he is ineligible,

shall be punished with imprisonment for not more than six months or a fine of not more than one hundred eighty daily rates if the act is not subject to more severe punishment under other provisions.

(2) The issuance of election papers for direct elections in the social security system shall be equivalent to registration in the voter rolls as a voter.

Section 107c Violation of the Secrecy of Elections

Whoever contravenes a provision which serves to protect the secrecy of elections with the intent of obtaining for himself or another knowledge as to how someone voted, shall be punished with imprisonment for not more than two years or a fine.

Section 108 Coercion of Voters

(1) Whoever unlawfully, by force, threat of appreciable harm, abuse of a professional or financial relation of dependence or other financial pressure, coerces another into, or prevents him from voting or exercising his right to vote in a particular manner, shall be punished with imprisonment for not more than five years or a fine, in particularly serious cases with imprisonment from one year to ten years.

(2) An attempt shall be punishable.

Section 108a Deception of Voters

(1) Whoever through deception causes another to be mistaken as to the content of his declaration upon casting his vote or to vote against his will or invalidly, shall be punished with imprisonment for not more than two years or a fine.

(2) An attempt is punishable.

Section 108b Bribery of Voters

(1) Whoever offers, promises or furnishes another gifts or other benefits for not voting or for voting in a particular manner, shall be punished with imprisonment for not more than five years or a fine.

(2) Whoever requests, is promised or accepts gifts or other benefits in exchange for not voting or voting in a particular manner, shall be similarly punished.

Section 108c Collateral Consequences

Collateral to imprisonment of at least six months for a crime pursuant to Sections 107, 107a, 108 and 108b, the court may deprive the person of the capacity to attain public electoral rights, and the right to elect or vote in public matters (Section 45 subsections (2) and (5)).

Section 108d Area of Application

Sections 107 to 108c shall apply to elections to the parliaments, election of members of the European Parliament, other popular elections and ballots in the Federation, the Lands, municipalities and municipal associations, as well as direct elections in the social security system. The signing of nomination papers or the signing of a popular initiative shall be equivalent to an election or ballots.

Section 108e Bribery of Members of Parliament

(1) Whoever undertakes to buy or sell a vote for an election or ballot in the European Parliament or in a parliament of the Federation, the Lands, municipalities or municipal associations, shall be punished with imprisonment for not more than five years or a fine.

(2) Collateral to imprisonment of at least six months for a crime pursuant to subsection (1), the court may deprive the person of the capacity to attain public electoral rights, and the right to elect or vote in public matters.

Chapter Five

Crimes Against The National Defense

Section 109 Evasion of Military Service through Maiming

(1) Whoever, through maiming or by other means, makes himself or another with that person’s consent, or causes himself or another to be made unfit for military service, shall be punished with imprisonment from three months to five years.

(2) If the perpetrator causes the unfitness only for a certain period of time or for a single type of duty, then the punishment shall be imprisonment for not more than five years or a fine.

(3) An attempt shall be punishable.

Section 109a Evasion of Military Service through Deception

(1) Whoever, through deceitful machinations based on calculated deception, evades, or causes another to evade fulfillment of military service permanently or for a certain period of time, completely, or for a single type of duty, shall be punished with imprisonment for not more than five years or a fine.

(2) An attempt shall be punishable.

Sections 109b and 109c (repealed)

Section 109d Disruptive Propaganda against the Federal Armed Forces

(1) Whoever, against his better judgment and for the purpose of dissemination, makes grossly distorted assertions of a factual nature, the dissemination of which is capable of disrupting the activities of the Federal Armed Forces, or disseminates such assertions with knowledge of their untruthfulness in order to obstruct the Federal Armed Forces in the fulfillment of its duty of national defense, shall be punished with imprisonment for not more than five years or a fine.

(2) An attempt shall be punishable.

Section 109e Acts of Sabotage against Means of Defense

(1) Whoever without authorization destroys, damages, alters, renders unusable or removes military resources or an installation or facility, which is used entirely or predominantly for national defense or protection of the civilian population from the dangers of war, and thereby endangers the security of the Federal Republic of Germany, the fighting strength of its troops, or human life, shall be punished with imprisonment from three months to five years.

(2) Anyone who knowingly produces or supplies such an object or the raw material required therefor defectively and thereby knowingly causes the danger indicated in subsection (1), shall be similarly punished.

(3) An attempt shall be punishable.

(4) In especially serious cases the punishment shall be imprisonment from one year to ten years.

(5) Whoever causes the danger in the cases under subsection (1) negligently, or in cases under subsection (2) unknowingly but intentionally or negligently, shall be punished with imprisonment for not more than five years or a fine if the act is not subject to a more severe punishment under other provisions.

Section 109f Security-Endangering Intelligence Activities

(1) Whoever, on behalf of a government agency, a party or another organization outside of the territorial area of application of this law, or for a banned organization or one of its intermediaries:

1. collects information about national defense matters;

2. operates an intelligence service which has national defense matters as its object;

3. recruits for or supports one of these activities,

and thereby aids efforts which are directed against the security of the Federal Republic of Germany or the fighting strength of its troops, shall be punished with imprisonment for not more than five years or a fine if the act is not subject to a more severe punishment under other provisions. Excepted shall be activity engaged in to inform the public within the framework of usual press or radio reporting.

(2) An attempt shall be punishable.

Section 109g Security-Endangering Illustrations

(1) Whoever makes an illustration or description of military resources, a military installation or facility, or a military operation or allows another to obtain such an illustration or description, and thereby knowingly endangers the security of the Federal Republic of Germany or the fighting strength of its troops, shall be punished with imprisonment for not more than five years or a fine.

(2) Whoever takes a photograph of a territory or object within the territorial area of application of this law, or allows another to obtain such photograph or an illustration produced therefrom, and thereby knowingly endangers the security of the Federal Republic of Germany or the fighting strength of its troops, shall be punished with imprisonment for not more than two years or a fine if the act is not subject to punishment in subsection (1).

(3) An attempt shall be punishable.

(4) Whoever in cases under subsection (1) allows another to obtain the illustration or description and thereby not knowingly, but intentionally or recklessly causes the danger, shall be punished with imprisonment for not more than two years or a fine. The act shall not be punishable, however, if the perpetrator acted with the permission of the competent government agency.

Section 109h Recruiting for Foreign Military Service

(1) Whoever on behalf of a foreign power recruits a German for military service in a military or paramilitary organization or introduces him to their recruiters or to the military service of such an organization, shall be punished with imprisonment from three months to five years.

(2) An attempt is punishable.

Section 109i Collateral Consequences

Collateral to imprisonment of at least one year for a crime pursuant to Sections 109e and 109f, the court may deprive the person of the capacity to hold public office, the capacity to attain public electoral rights, and the right to elect or vote in public matters (Section 45 subsections2 and 5).

Section 109k Confiscation

If a crime under Sections 109d to 109g has been committed, then:

1. objects, which were generated by the act or used or intended for use in its commission or preparation; and

2. illustrations, descriptions and photographs to which a crime under Section 109g relate, may be confiscated. Section 74 shall be applicable. Objects of the type indicated in sentence 1, number 2, shall be confiscated even in the absence of the prerequisites of Section 74 subsection (2), if required by national defense interests; this shall also apply if the perpetrator acted without guilt.

Chapter Six

Resistance to State Authority

Section 110 (repealed)

Section 111 Public Incitement to Crime

(1) Whoever publicly, in a meeting or through the dissemination of writings (Section 11 subsection (3)), incites an unlawful act, shall be punished as an inciter (Section 26).

(2) If the incitement is unsuccessful, then the punishment shall be imprisonment for not more than five years or a fine. The punishment may not be more severe than that provided in a case in which the incitement is successful (subsection (1)); Section 49 subsection (1), no.2, shall be applicable.

Section 112 (repealed)

Section 113 Resistance to Law Enforcement Officials

(1) Whoever, by force or threat of force, offers resistance to or violently assaults a public official or soldier of the Federal Armed Forces, who is charged with the enforcement of laws, ordinances, judgments, judicial rulings or orders, while in the performance of such an official act, shall be punished with imprisonment for not more than two years or a fine.

(2) In especially serious cases the punishment shall be imprisonment from six months to five years. An especially serious case exists, as a rule, if:

1. the perpetrator or another participant carries a weapon in order to use it during the act; or

2. the perpetrator, through an act of violence, places the person assaulted in danger of death or serious health damage.

(3) The act shall not be punishable under this provision if the official act is unlawful. This shall also apply if the perpetrator mistakenly assumes that the official act is lawful.

(4) If the perpetrator during the commission of the act mistakenly assumes that the official act is unlawful and if he could have avoided the mistake, then the court may mitigate the punishment in its discretion (Section 49 subsection (2)) or dispense with punishment under this provision where guilt is slight. If the perpetrator could not have avoided the mistake and under the circumstances known to him he could not have been expected to use legal remedies to defend himself against the presumed unlawful official act, then the act shall not be punishable under this provision; if he could have thus been expected, then the court may mitigate the punishment in its discretion (Section 49 subsection (2)) or dispense with punishment under this provision.

Section 114 Resistance to Persons Equivalent to Law Enforcement Officials

(1) Acts of law enforcement by persons who have the rights and duties of police officers or are auxiliary officials of the public prosecutor, without being public officials, shall be equivalent to the official act of a public official within the meaning of Section 113.

(2) Section 113 shall correspondingly apply to protect persons, who are enlisted to assist in the official act.

Sections 115 to 119 (repealed)

Section 120 Freeing of Prisoners

(1) Whoever frees a prisoner, or inveigles or encourages him to escape, shall be punished with imprisonment for not more than three years or a fine.

(2) If the perpetrator is duty-bound as a public official or a person with special public service obligations, to prevent the escape of the prisoner, then the punishment shall be imprisonment for not more than five years or a fine.

(3) An attempt shall be punishable.

(4) Whoever is otherwise in custody in an institution upon order of a public authority shall be equivalent to a prisoner within the meaning of subsections (1) and (2).

Section 121 Mutiny by Prisoners

(1) Prisoners who rout, join forces and:

1. coerce (Section 240) or violently assault an official of an institution, another public official or one who is charged with their supervision, care or investigation;

2. forcibly break out; or

3. forcibly aid one of them or another prisoner to break out,

shall be punished with imprisonment from three months to five years.

(2) An attempt shall be punishable.

(3) In especially serious cases mutiny shall be punished with imprisonment from six months to ten years. An especially serious case exists, as a rule, if the perpetrator or another participant:

1. carries a firearm;

2. carries another weapon, in order to use it during the act; or

3. through an act of violence, places another in danger of death or serious health damage.

(4) Whoever has been placed in preventive detention shall be equivalent to a prisoner within the meaning of subsections (1) to (3).

Section 122 (repealed)

Chapter Seven

Crimes Against Public Order

Section 123 Breach of the Peace of the Home

(1) Whoever unlawfully intrudes into the dwelling, business premises or other enclosed property of another, or into closed premises designated for public service or transportation, or whoever remains therein without authorization and does not leave when requested to do so by the authorized person, shall be punished with imprisonment for not more than a year or a fine.

(2) The act shall only be prosecuted upon complaint.

Section 124 Serious Breach of the Peace of the Home

When a crowd of people publicly routs with intent to join forces to commit acts of violence against persons or things and unlawfully intrudes into the dwelling, business premises, or other enclosed property of another, or into closed premises designated for public service, then anyone who takes part in these acts shall be punished with imprisonment for not more than two years or a fine.

Section 125 Breach of the Peace

(1) Whoever, as perpetrator or inciter or accessory, participates in:

1. acts of violence against persons or things; or

2. threats to persons to commit acts of violence,

which are committed by a crowd of people who have joined forces in a manner which endangers public safety, or whoever influences a crowd of people to encourage their readiness to commit such acts, shall be punished with imprisonment for not more than three years or a fine if the act is not subject to a more severe punishment under other provisions.

(2) To the extent the acts indicated in subsection (1), numbers 1,2 are punishable in Section 113, Section 113 subsections (3),4 shall apply by analogy.

Section 125a Especially Serious Case of Breach of the Peace

(1) In especially serious cases of Section 125 subsection (1), the punishment shall be imprisonment from six months to ten years. An especially serious case exists, as a rule, if the perpetrator:

1. carries a firearm;

2. carries another weapon, in order to use it during the act;

3. through an act of violence, places another in danger of death or serious health damage; or

4. plunders or causes significant damage to property of another.

Section 126 Disturbance of the Public Peace by Threatening to Commit Crimes

(1) Whoever, in a manner capable of disturbing the public piece, threatens to commit:

1. one of the cases of breach of the peace indicated in Section 125a, sent. 2, nos. 1 to 4;

2. murder, manslaughter or genocide (Sections 211,212 or 220a);

3. serious bodily injury (Section226);

4. a crime against personal freedom in cases under Sections 234, 234a, 239a or 239b;

5. a robbery or robbery-like extortion (Sections 249 to 251 or 255);

6. a serious criminal offense dangerous to the public in cases under Sections 306 to 306c or 307 subsections (1) to (3), 308 subsections (1) to (3), 309 subsections (1) to (4), 313, 314 or 315 subsection (3), 315b subsection (3), 316a subsections (1) or (3), 316c subsections (1) or (3), or 318 subsections (3) or (4); or

7. a less serious criminal offense dangerous to the public in cases under Sections 309 subsection (6), 311 subsection (1), 316b subsection (1), 317 subsection (1) or 318 subsection (1),

shall be punished with imprisonment for not more than three years or a fine.

(2) Whoever against his better judgment and in a manner capable of disturbing the public peace feigns that the realization of one of the unlawful acts named in subsection (1) is imminent, shall be similarly punished.

Section 127 Formation of Armed Groups

Whoever, without authorization, forms or commands a group which has weapons or other dangerous tools at its disposal, or joins such a group, provides it with weapons or money or otherwise supports it, shall be punished with imprisonment for not more than two years or a fine.

Section 128 (repealed)

Section 129 Formation of Criminal Organizations

(1) Whoever forms an organization, the objectives or activity of which are directed towards the commission of crimes, or whoever participates in such an organization as a member, recruits for it or supports it, shall be punished with imprisonment for not more than five years or a fine.

(2) Subsection (2) shall not be applied:

1. if the organization is a political party, which the Federal Constitutional Court has not declared to be unconstitutional;

2. if the commission of crimes is only an objective or activity of minor significance; or

3. to the extent that the purposes or activity of the organization relate to crimes under Sections 84 to 87.

(3) An attempt to form an organization indicated in subsection (1) shall be punishable.

(4) If the perpetrator is one of the ringleaders or supporters or there exists an especially serious case, then imprisonment from six months to five years shall be imposed.

(5) The court may dispense with punishment under subsections (1) and (3) in the case of participants whose guilt is slight or whose involvement is of minor significance.

(6) The court may in its discretion mitigate the punishment (Section 49 subsection (2)) or dispense with punishment under these provisions if the perpetrator:

1. voluntarily and earnestly makes efforts to prevent the continued existence of the organization or the commission of a crime consistent with its goals; or

2. voluntarily discloses his knowledge to a government agency in time, so that crimes, the planning of which he is aware, may still be prevented; if the perpetrator attains his goal of preventing the continued existence of the organization or if it is attained without his efforts, then he shall not be punished.

Section 129a Formation of Terrorist Organizations

(1) Whoever forms an organization, the objectives or activity of which are directed towards the commission of:

1. murder, manslaughter or genocide (Sections 211,212 or 220a);

2. crimes against personal liberty in cases under Sections 239a or 239b; or

3. crimes under Section 305a or crimes dangerous to the public in cases under Sections 306 to 306c or 307 subsections (1) to (3), 308 subsections (1) to (4), 309 subsections (1) to (5), 313, 314 or 315 subsections (1),3 or 4, 316b subsections (1) or (3), or 316c subsections (1) to (3), or whoever participates in such an organization as a member,

shall be punished with imprisonment from one year to ten years.

(2) If the perpetrator is one of the ringleaders or supporters, then imprisonment for no less than three years shall be imposed.

(3) Whoever supports an organization indicated in subsection (1) or recruits for it, shall be punished with imprisonment from six months to five years.

(4) The court in its discretion may mitigate the punishment (Section 49 subsection (2)) in cases under subsections (1) and (3) in the case of participants whose guilt is slight or whose participation is of minor significance.

(5) Section 129 subsection (6), shall apply accordingly.

(6) Collateral to imprisonment for at least six months, the court may deprive the person of the capacity to hold public office and the capacity to attain public electoral rights (Section 45 subsection (2)). (7) In cases under subsections (1) and (2) the court may order supervision of conduct (Section 68 subsection (1)).

Section 130 Agitation of the People

(1) Whoever, in a manner that is capable of disturbing the public peace:

1. incites hatred against segments of the population or calls for violent or arbitrary measures against them; or

2. assaults the human dignity of others by insulting, maliciously maligning, or defaming segments of the population,

shall be punished with imprisonment from three months to five years.

(2) Whoever:

1. with respect to writings (Section 11 subsection (3)), which incite hatred against segments of the population or a national, racial or religious group, or one characterized by its folk customs, which call for violent or arbitrary measures against them, or which assault the human dignity of others by insulting, maliciously maligning or defaming segments of the population or a previously indicated group:

a) disseminates them;

b) publicly displays, posts, presents, or otherwise makes them accessible;

c) offers, gives or makes accessible to a person under eighteen years; or

d) produces, obtains, supplies, stocks, offers, announces, commends, undertakes to import or export them, in order to use them or copies obtained from them within the meaning of numbers a through c or facilitate such use by another; or

2. disseminates a presentation of the content indicated in number 1 by radio,

shall be punished with imprisonment for not more than three years or a fine.

(3) Whoever publicly or in a meeting approves of, denies or renders harmless an act committed under the rule of National Socialism of the type indicated in Section 220a subsection (1), in a manner capable of disturbing the public piece shall be punished with imprisonment for not more than five years or a fine.

(4) Subsection (2) shall also apply to writings (Section 11 subsection (3)) with content such as is indicated in subsection (3).

(5) In cases under subsection (2), also in conjunction with subsection (4), and in cases of subsection (3), Section 86 subsection (3), shall apply correspondingly.

Section 130a Instructions for Crimes

(1) Whoever disseminates, publicly displays, posts, presents, or otherwise makes accessible a writing (Section 11 subsection (3)) which is capable of serving as instructions for an unlawful act named in Section 126 subsection (1), and is intended by its content to encourage or awaken the readiness of others to commit such an act, shall be punished with imprisonment for not more than three years or a fine.

(2) Whoever:

1. disseminates, publicly displays, posts, presents, or otherwise makes accessible a writing (Section 11 subsection (3)) which is capable of serving as instructions for an unlawful act named in Section 126 subsection (1); or

2. gives instructions for an unlawful act named in Section 126 subsection (1), publicly or in a meeting, in order to encourage or awaken the readiness of others to commit such an act,

shall be similarly punished.

(3) Section 86 subsection (3), shall apply correspondingly.

Section 131 Representation of Violence

(1) Whoever, in relation to writings (Section 11 subsection (3)), which describe cruel or otherwise inhuman acts of violence against human beings in a manner which expresses a glorification or rendering harmless of such acts of violence or which represents the cruel or inhuman aspects of the event in a manner which injures human dignity:

1. disseminates them;

2. publicly displays, posts, presents, or otherwise makes them accessible;

3. offers, gives or makes them accessible to a person under eighteen years; or

4. produces, obtains, supplies, stocks, offers, announces, commends, undertakes to import or export them, in order to use them or copies obtained from them within the meaning of numbers 1 through 3 or facilitate such use by another,

shall be punished with imprisonment for not more than one year or a fine.

(2) Whoever disseminates a presentation of the content indicated in subsection (1) by radio, shall be similarly punished.

(3) Subsections (1) and (2) shall not apply if the act serves as reporting about current or historical events.

(4) Subsection (1), number 3 shall not be applicable if the person authorized to care for the person acts.

Section 132 Usurpation of Office

Whoever without authorization engages in the exercise of a public office or undertakes an act which may only be undertaken with the authority of a public office, shall be punished with imprisonment for not more than two years or a fine.

Section 132a Misuse of Titles, Professional Designations and Insignia

(1) Whoever, without authorization:

1. uses domestic or foreign designations of office or government service, academic degrees, titles or public honors;

2. uses the professional designation physician, dentist, psychological psychotherapist, child or youth psychotherapist, psychotherapist, veterinarian, pharmacist, lawyer, patent attorney, certified public accountant, sworn auditor, tax consultant or tax agent;

3. uses the designation of publicly appointed experts; or

4. wears domestic or foreign uniforms, official dress or official insignia,

shall be punished with imprisonment for not more than one year or a fine.

(2) Equivalent to the designations, academic degrees, titles, honors, uniforms, official dress or official insignia named in subsection (1) shall be those which are confusingly similar to them.

(3) Subsections (1) and (2) shall also apply to official designations, titles, honors, official dress and official insignia of churches and other religious societies under public law.

(4) Objects to which a crime under subsection (1), number 4, alone, or in conjunction with subsections (2) or (3), relate, may be confiscated.

Section 133 Breach of Official Custody

(1) Whoever destroys, damages, renders useless or withdraws from official disposition documents or other moveable things which are in official custody or have been officially placed in his or another’s custody, shall be punished with imprisonment for not more than two years or a fine.

(2) The same shall apply to documents or other moveable things which are in the official custody of a church or another religious society under public law or have been officially placed by them in the custody of the perpetrator.

(3) Whoever commits the act in relation to a thing which has been entrusted to or made accessible to him as a public official or a person with special public service obligations, shall be punished with imprisonment for not more than five years or a fine.

Section 134 Tampering with Official Announcements

Whoever knowingly destroys, removes, disfigures, renders unrecognizable or distorts the meaning of an official document that has been publicly posted or displayed as an announcement, shall be punished with imprisonment for not more than one year or a fine.

Section 135 (repealed)

Section 136 Breach of Attachment; Breach of Seals

(1) Whoever destroys, damages, renders useless or entirely or in part withdraws from attachment a thing that has been levied upon or otherwise officially seized, shall be punished with imprisonment for not more than one year or a fine.

(2) Whoever damages, replaces or renders unrecognizable an official seal which is applied in order to seize, officially seal or mark things, or whoever entirely or in part renders the seal produced by the seal ineffective, shall be similarly punished.

(3) The act shall not be punishable under subsections (1) and (2) if the levy, the seizure or the application of the seal was not executed through a lawful official act. This shall also apply if the perpetrator mistakenly assumes that the official act was lawful.

(4) Section 113 subsection (4), shall apply by analogy.

Section 137 (repealed)

Section 138 Failure to Report Planned Crimes

(1) Whoever credibly learns of the planning or the execution of:

1. a preparation of a war of aggression (Section 80);

2. high treason in cases under Sections 81 to 83 subsection (1);

3. treason or an endangerment of external security in cases under Sections 94 to 96, 97a or 100;

4. a counterfeiting of money or securities in cases under Sections 146, 151, 152 or the counterfeiting of payment cards and blank Eurochecks in cases under Section 152a subsections (1) to (3);

5. serious trafficking in human beings in cases under Section 181 subsection (1), nos. 2 or 3;

6. a murder, manslaughter or genocide (Sections 211, 212 or 220a);

7. a crime against personal liberty in cases under Sections 234, 234a, 239a or 239b;

8. a robbery or robbery-like extortion (Sections 249 to 251 or 255); or

9. a crime dangerous to the public in cases under Sections 306 to 306c, 307 subsections (1) to (3), 308 subsections (1) to (4), 309 subsections (1) to (5), 301, 313, 314, 315 subsection (3), 315b subsection (3), 316a, or 316c,

at a time when the execution or result can still be averted, and fails to make a report in time to the public authorities or the person threatened, shall be punished with imprisonment for not more than five years or a fine.

(2) Whoever credibly learns of the planning or execution of a crime under Section 129a at a time when the execution can still be averted, and fails to make a report promptly to the public authorities, shall be similarly punished.

(3) Whoever recklessly fails to make a report although he has credibly learned of the planning or the execution of an unlawful act, shall be punished with imprisonment for not more than one year or a fine.

Section 139 Exemption from Punishment for Failure to Report Planned Crimes

(1) If in cases under Section 138 the act is not attempted, then punishment may be dispensed with.

(2) A clergyman shall not be obligated to report what has been confided to him in his capacity as a spiritual counselor.

(3) Whoever fails to report a crime, which he should have reported against a relative, shall be exempt from punishment if he earnestly made efforts to prevent him from committing the act or to avert the result, unless it is a question of:

1. murder or manslaughter (Sections 211 or 212);

2. genocide in cases under Section 220a subsection (1), no. 1; or

3. extortionate kidnapping (Section 239a subsection (1)), hostage taking (Section 239b subsection (1)) or an assault against air or sea traffic (Section 316c subsection (1)) by a terrorist organization (Section 129a). Pursuant to the same prerequisites, a lawyer, defense counsel or physician shall not be obligated to report what was confided to him in this capacity.

(4) Whoever averts the execution or the result of the act other than by report, shall also be exempt from punishment. If the execution or result of the act does not take place due in no part to the contribution of the person obligated to report, then his earnest efforts to avert the result suffice for exemption from punishment.

Section 140 Rewarding and Approving Crimes

Whoever:

1. rewards; or

2. publicly, in a meeting or through dissemination of writings (Section 11 subsection (3)), and in a manner that is capable of disturbing the public peace, approves of one of the unlawful acts named in Sections 138 subsection (1), nos. 1 to 5 and 126 subsection (1), after it has been committed or attempted in a punishable manner,

shall be punished with imprisonment for not more than three years or a fine.

Section 141 (repealed)

Section 142 Unauthorized Leaving of the Scene of an Accident

(1) A participant in an accident who, after an accident in road traffic, leaves the scene of the accident before he:

1. has made possible, on behalf of the other participants in the accident and the persons suffering damages, the determination of his identity, his vehicle and the nature of his participation through his presence and a statement that he participated in the accident; or

2. has waited an appropriate period of time under the circumstances, during which no one was willing to make such determinations,

shall be punished with imprisonment for not more than three years or a fine.

(2) A participant in an accident shall also be punished under subsection (1), if he:

1. after expiry of the waiting period (subsection (1), number 2); or

2. justifiably or excusably left the scene of the accident and subsequently does not promptly make the determinations possible.

(3) The participant in the accident satisfies the obligation to subsequently make the determinations possible, if he informs the authorized persons (subsection (1), number 1) or a nearby police station, that he participated in the accident, and if he states his address, whereabouts, as well as the license plate and location of his vehicle, and makes it available for prompt determinations for a reasonable time. This shall not apply if he intentionally obstructs the determinations by his conduct.

(4) The court shall mitigate the punishment (Section 49 subsection (1)) in cases under subsections (1) and (2) or may dispense with punishment under these provisions if the participant in the accident subsequently voluntarily makes the determinations possible (subsection (3)) within twenty-four hours after an accident which did not take place in flowing traffic and which resulted exclusively in insignificant property damage.

(5) A participant in an accident shall be deemed to be anyone whose conduct under the circumstances could have contributed to causing the accident.

Sections 143 and 144 (repealed)

Section 145 Misuse of Emergency Calls and Impairment of Means for Emergency Assistance and Preventing Accidents

(1) Whoever intentionally or knowingly:

1. misuses emergency calls or distress signals; or

2. feigns that assistance for others is required due to an accident or a common danger or emergency,

shall be punished with imprisonment for not more than one year or a fine.

(2) Whoever intentionally or knowingly:

1. removes, renders unrecognizable or distorts the meaning of warning or prohibitory signs which serve to prevent accidents or common danger; or

2. removes, alters or renders useless protective equipment which serves to prevent accidents or common danger, or rescue equipment designed for rendering assistance during accidents or common danger,

shall be punished with imprisonment for not more than two years or a fine if the act is not punishable under Sections 303 or 304.

Section 145a Violation of Instructions during Supervision of Conduct

Whoever violates a particular instruction of the type indicated in Section68b subsection (1), during supervision of conduct and thereby endangers the objective of the measure, shall be punished with imprisonment for not more than one year or a fine. The act shall only be prosecuted upon complaint of the supervisory agency (Section 68a).

Section 145b (repealed)

Section 145c Violation of a Prohibition of Engagement in a Profession

Whoever engages in a profession, branch of profession, trade or branch of trade for himself or another or allows another to engage in it for him, although he or the other has been prohibited to do so by a criminal court, shall be punished with imprisonment for not more than one year or a fine.

Section 145d Feigning a Crime

(1) Whoever against his better judgment feigns to a public authority or an agency competent to receive criminal information:

1. that an unlawful act has been committed; or

2. that the realization of one of the unlawful acts named in Section 126 subsection (1), is imminent,

shall be punished with imprisonment for not more than three years or a fine if the act is not punishable under Sections 164, 258 or 258a.

(2) Whoever, against his better judgment, attempts to deceive one of the agencies indicated in subsection (1) about the participants:

1. in an unlawful act; or

2. in an imminent unlawful act named in Section 126 subsection (1),

shall be similarly punished.

Chapter Eight

Counterfeiting of Money and Stamps

Section 146 Counterfeiting of Money

(1) Whoever:

1. counterfeits money with the intent that it be brought into circulation as genuine or that such bringing into circulation be made possible, or alters money with such intent, so that the appearance of a higher value is evoked;

2. procures counterfeit money with such intent; or

3. brings counterfeit money as genuine into circulation, that he counterfeited, altered or procured under the provisions of numbers 1 or 2,

shall be punished with imprisonment for not less than one year.

(2) If the perpetrator acts professionally or as a member of a gang which has combined for the continued commission of money counterfeiting, then the punishment shall be imprisonment for not less than two years.

(3) In less serious cases under subsection (1), imprisonment from three months to five years should be imposed, in less serious cases under subsection (2), imprisonment from one year to ten years.

Section 147 Bringing Counterfeit Money into Circulation

(1) Whoever brings counterfeit money into circulation other than in cases under Section 146 shall be punished with imprisonment for not more than five years or a fine.

(2) An attempt shall be punishable.

Section 148 Counterfeiting of Stamps

(1) Whoever:

1. counterfeits official stamps with the intent that they be used or brought into circulation as genuine or that such use or bringing into circulation be made possible, or alters official stamps with such intent, so that the appearance of a higher value is evoked;

2. procures counterfeit official stamps with such intent; or

3. uses, offers for sale or brings into circulation counterfeit official stamps as genuine,

shall be punished with imprisonment for not more than five years or a fine.

(2) Whoever uses or brings into circulation as valid already used official stamps from which the cancellation mark has been removed, shall be punished with imprisonment for not more than one year or a fine.

(3) An attempt shall be punishable.

Section 149 Preparation of the Counterfeiting of Money and Stamps

(1) Whoever prepares a counterfeiting of money or stamps by producing, procuring for himself or another, offering for sale, storing or giving to another:

1. plates, frames, type, blocks, negatives, stencils or similar equipment which by its nature is suited to the commission of the act; or

2. paper, which is identical or confusingly similar to the type of paper which is designated for the production of money or official stamps and specially protected against imitation,

shall be punished with imprisonment for not more than five years or a fine if he prepared the counterfeiting of money, otherwise with imprisonment for not more than two years or a fine.

(2) Whoever voluntarily:

1. renounces the execution of the prepared act and averts a danger caused by him that others continue to prepare the act or execute it, or prevents the completion of the act; and

2. destroys or renders useless the means for counterfeiting, to the extent they still exist and are useful for counterfeiting, or reports their existence to a public authority or surrenders them there, shall not be punished under subsection (1).

(3) If the danger that others continue to prepare or execute the act is averted, or the completion of the act prevented due in no part to the contribution of the perpetrator, then the voluntary and earnest efforts of the perpetrator to attain this goal shall suffice in lieu of the prerequisites of subsection (2), number 1.

Section 150 Property Fine, Extended Forfeiture and Confiscation

(1) In cases under Sections 146, 148 subsection (1), of the preparation of money counterfeiting under Sections 149 subsection (1), and 152a, Sections 43a, 73d shall be applicable if the perpetrator acts as the member of a gang which has combined for the continued commission of such acts. Section 73d shall also be applied if the perpetrator acts professionally.

(2) If a crime under this Section has been committed, then the counterfeit money, the counterfeit or canceled stamps and the means of counterfeiting indicated in Section 149 shall be confiscated.

Section 151 Securities

The following securities shall be equivalent to money within the meaning of Sections 146,147,149 and 150 if they are specially protected against imitation by print and type of paper:

1. bearer and order bonds which are parts of an entire issue, if the payment of a specified sum of money is promised in the bonds;

2. shares of stock;

3. share certificates issued by capital investment companies;

4. interest, dividend and renewal coupons of the type of securities indicated in numbers 1 through 3 as well as certificates of delivery of such securities;

5. traveler’s checks, when the blank forms of the security are already payable in a specified sum of money.

Section 152 Money, Stamps and Securities of a Foreign Currency Area

Sections 146 through 151 shall also be applicable to money, stamps and securities of a foreign currency area.

Section 152a Counterfeiting of Eurocheck Guarantee Cards and Blank Checks

(1) Whoever, for the purpose of deception in legal relations or to make such deception possible:

1. counterfeits or alters domestic or foreign payment cards or blank Eurochecks; or

2. procures for himself or another, offers for sale, gives to another or uses such counterfeit cards or blank checks,

shall be punished with imprisonment from one year to ten years.

(2) If the perpetrator acts within the context of a commercial enterprise or as a member of a gang which has combined for the continued commission of crimes under subsection (1), then the punishment shall be imprisonment for not less than two years.

(3) In less serious cases under subsection (1), imprisonment from three months to five years shall be imposed, and in less serious cases under subsection (2), imprisonment from one year to ten years.

(4) Payment cards within the meaning of subsection (1) shall be credit cards, Eurocheck cards or other cards:

1. which make it possible to induce the issuer to make a guaranteed payment by money transfer; and

2. which are specially protected against imitation through design or coding.

(5) Section 149, to the extent it refers to the counterfeiting of money, and Section 150 subsection (2), shall apply accordingly.

Chapter Nine

False Unsworn Testimony And Perjury

Section 153 False Unsworn Testimony

Whoever as a witness or expert gives false unsworn testimony before a court or other agency competent to examine witnesses and experts under oath shall be punished with imprisonment from three months to five years.

Section 154 Perjury

(1) Whoever falsely takes an oath before a court or another agency competent to administer oaths, shall be punished with imprisonment for no less than one year.

(2) In less serious cases the punishment shall be imprisonment from six months to five years.

Section 155 Affirmations Equivalent to an Oath

Equivalent to an oath shall be:

1. an affirmation which takes the place of an oath;

2. a reference to a previous oath or a previous affirmation.

Section 156 False Affirmations in Lieu of an Oath

Whoever, before a public authority competent to administer affirmations in lieu of an oath, falsely makes such an affirmation or falsely testifies while referring to such an affirmation, shall be punished with imprisonment for not more than three years or a fine.

Section 157 Testimonial Necessity

(1) If a witness or an expert has made himself guilty of perjury or false unsworn testimony, then the court in its discretion may mitigate the punishment (Section 49 subsection (2)) and completely dispense with punishment in case of unsworn testimony if the perpetrator told an untruth in order to avert a danger to a relative or himself of being punished or subjected to a measure of reform and prevention involving deprivation of liberty.

(2) The court in its discretion may also mitigate the punishment (Section 49 subsection (2)) or completely dispense with punishment if a person not yet competent to take an oath has given false unsworn testimony.

Section 158 Rectification of a False Statement

(1) The court in its discretion may mitigate the punishment (Section 49 subsection (2)) for perjury, false affirmation in lieu of an oath or false unsworn testimony or dispense with punishment if the perpetrator makes a timely rectification of the false statement.

(2) The rectification is too late if it can no longer be used as evidence in reaching the decision, if detriment to another has arisen from the act, or if a crime has already been reported against the perpetrator or an investigation has been initiated.

(3) The rectification may be made at the agency where the false statement was made or where it is to be procedurally reviewed, as well as to a court, a public prosecutor or a police authority.

Section 159 Attempted Incitement of False Testimony

Sections 30 subsection (1), 31 subsection (1), no. 1, shall apply accordingly to attempted incitement of false unsworn testimony (Section 153) and of a false affirmation in lieu of an oath (Section 156).

Section 160 Subornation of False Testimony

(1) Whoever suborns another to take a false oath shall be punished with imprisonment for not more than two years or a fine; whoever suborns another to make a false affirmation in lieu of oath or false unsworn testimony shall be punished with imprisonment for not more than six months or a fine of not more than one hundred eighty daily rates.

(2) An attempt shall be punishable.

Section 161 and 162 (repealed)

Section 163 Negligent False Oath; Negligent False Affirmation in Lieu of an Oath

(1) If someone commits one of the acts indicated in Sections 154 to156 out of negligence, then imprisonment for not more than one year or a fine shall be imposed.

(2) Exemption from punishment shall occur if the perpetrator makes a timely rectification of the false statement. The provisions of Section 158 subsections (2) and (3), shall apply accordingly.

Chapter Ten

Casting False Suspicion

Section 164 Casting False Suspicion

(1) Whoever, with the intent that proceedings or other measures be brought or be continued against another before a public authority, casts suspicion against his better judgment before a public authority or a public official competent to receive criminal information, or publicly, that that person has committed an unlawful act or a violation of an official duty, shall be punished with imprisonment for not more than five years or a fine.

(2) Whoever, with the same intent, makes another kind of assertion of a factual nature about another against his better judgment before one of the agencies indicated in subsection (1) or publicly, which is capable of causing proceedings or other measures to be brought or continued against him before a public authority, shall be similarly punished.

Section 165 Publication of the Conviction

(1) If the act under Section 164 was committed publicly or through dissemination of writings (Section 11 subsection (3)) and if punishment was imposed because of it, then it shall be ordered, upon application of the aggrieved party, that the conviction for casting false suspicion be publicly announced upon request. If the aggrieved party dies, then the right to file the application passes to the relatives indicated in Section 77 subsection (2). Section 77 subsections (2) to (4), shall apply accordingly.

(2) As to the type of announcement, Section 200 subsection (2), shall apply accordingly.

Chapter Eleven

Crimes Which Relate to Religion And Philosophy of Life

Section 166 Insulting of Faiths, Religious Societies and Organizations Dedicated to a Philosophy of Life

(1) Whoever publicly or through dissemination of writings (Section 11 subsection (3)) insults the content of others’ religious faith or faith related to a philosophy of life in a manner that is capable of disturbing the public peace, shall be punished with imprisonment for not more than three years or a fine.

(2) Whoever publicly or through dissemination of writings (Section 11 subsection (3)) insults a church, other religious society, or organization dedicated to a philosophy of life located in Germany, or their institutions or customs in a manner that is capable of disturbing the public peace, shall be similarly punished.

Section 167 Disturbing the Practice of Religion

(1) Whoever:

1. intentionally and in a gross manner disturbs a religious service or an act of a religious service of a church or other religious society located in Germany; or

2. commits insulting mischief at a place dedicated to the religious services of such a religious society,

shall be punished with imprisonment for not more than three years or a fine.

(2) Corresponding celebrations of an organization dedicated to a philosophy of life located in Germany shall be the equivalent of religious services.

Section 167a Disturbing a Funeral Service

Whoever intentionally or knowingly disturbs a funeral service shall be punished with imprisonment for not more than three years or a fine.

Section 168 Disturbing the Peace of the Dead

(1) Whoever, without authorization, takes away the body or parts of the body of a deceased person, a dead fetus or parts thereof or the ashes of a deceased person from the custody of the person entitled thereto, or whoever commits insulting mischief thereon, shall be punished with imprisonment for not more than three years or a fine.

(2) Whoever destroys or damages a place for laying-in-state, burial site or public place for remembering the dead, or whoever commits insulting mischief there, shall be similarly punished.

(3) An attempt shall be punishable.

Chapter Twelve

Crimes Against Personal Status, Marriage And The Family

Section 169 Falsification of Personal Status

(1) Whoever substitutes a child or falsely gives or suppresses the personal status of another to a public authority responsible for the maintenance of personal status registers or the determination of personal status, shall be punished with imprisonment for not more than two years or a fine.

(2) An attempt shall be punishable.

Section 170 Violation of Maintenance Obligations

(1) Whoever evades a statutory maintenance obligation so that the life necessities of the person entitled to maintenance are endangered or would be endangered without the assistance of others, shall be punished with imprisonment for not more than three years or a fine.

(2) Whoever is obligated to maintain a pregnant woman and withholds this maintenance in a reprehensible manner and thereby causes a termination of the pregnancy, shall be punished with imprisonment for not more than five years or a fine.

Section 171 Violation of the Duty to Provide Care or Upbringing

Whoever grossly violates his duty to provide care or upbringing for a person under sixteen years and thereby creates a danger for the ward, that his physical or psychic development could be seriously damaged, that he will lead a criminal life or engage in prostitution, shall be punished with imprisonment for not more than three years or a fine.

Section 172 Bigamy

Whoever contracts a marriage although he is already married, or whoever contracts a marriage with a married person, shall be punished with imprisonment for not more than three years or a fine.

Section 173 Sexual Intercourse between Relatives

(1) Whoever completes an act of sexual intercourse with a consanguine descendant shall be punished with imprisonment for not more than three years or a fine.

(2) Whoever completes an act of sexual intercourse with a consanguine relative in an ascending line shall be punished with imprisonment for not more than two years or a fine; this shall also apply if the relationship as a relative has ceased to exist. Consanguine siblings who complete an act of sexual intercourse with each other shall be similarly punished.

(3) Descendants and siblings shall not be punished pursuant to this provision if they were not yet eighteen years of age at the time of the act.

Chapter Thirteen

Crimes Against Sexual Self-determination

Section 174 Sexual Abuse of Wards

(1) Whoever commits sexual acts:

1. on a person under sixteen years of age who is entrusted to him for upbringing, education or care in leading his life;

2. on a person under eighteen years of age who is entrusted to him for upbringing, education or care in leading his life or who is a subordinate within the framework of an employment or a work relationship, by abusing the dependence associated with the upbringing, educational, care, employment or work relationship; or

3. on his natural or adopted child who is not yet eighteen years of age,

or allows them to be committed on himself by the ward, shall be punished with imprisonment for not more than five years or a fine.

(2) Whoever, under the prerequisites of subsection (1), numbers 1 to 3:

1. commits sexual acts in front of the ward; or

2. induces the ward to commit sexual acts in front of him,

in order to thereby sexually arouse himself or the ward, shall be punished with imprisonment for not more than three years or a fine.

(3) An attempt shall be punishable.

(4) In cases under subsection (1), number 1 or subsection (2) in conjunction with subsection (1), number 1, the court may dispense with punishment pursuant to this provision, if, taking into consideration the conduct of the ward, the wrongfulness of the act is slight.

Section 174a Sexual Abuse of Prisoners, Persons in the Custody of a Public Authority, and Persons in Institutions Who are Ill or in Need of Assistance

(1) Whoever commits sexual acts on a prisoner or a person in custody upon order of a public authority, who is entrusted to him for upbringing, education, supervision or care, by abusing his position, or allows them to be committed on himself by the prisoner or person in custody, shall be punished with imprisonment for not more than five years or a fine.

(2) Whoever abuses a person who has been admitted as an in-patient to an institution for persons who are ill or in need of assistance and entrusted to him for supervision or care, in that he commits sexual acts on the person by exploiting the person’s illness or need of assistance, or allows them to be committed on himself by the person, shall be similarly punished.

(3) An attempt shall be punishable.

Section 174b Sexual Abuse By Exploiting a Position in a Public Office

(1) Whoever, as a public official who is charged with participation in a criminal proceeding or a proceeding to order a measure of reform and prevention involving deprivation of liberty or custody imposed by a public authority, and by abusing the dependency caused by the proceedings, commits sexual acts on the person against whom the proceedings are directed, or allows them to be committed on himself by the person, shall be punished with imprisonment for not more than five years or a fine.

(2) An attempt shall be punishable.

Section 174c Sexual Abuse By Exploiting a Counseling, Treatment or Care Relationship

(1) Whoever commits sexual acts on a person who is entrusted to him for counseling, treatment or care due to a mental or an emotional illness or disability including an addiction, by abusing the counseling, treatment or care relationship, or allows them to be committed on himself by the person, shall be punished with imprisonment for not more than five years or a fine.

(2) Whoever commits sexual acts on a person entrusted to him for psychotherapeutic treatment by abusing the treatment relationship, or allows them to be committed on himself by the person, shall be similarly punished.

(3) An attempt shall be punishable.

Section 175 (repealed)

Section 176 Sexual Abuse of Children

(1) Whoever commits sexual acts on a person under fourteen years of age (a child), or allows them to be committed on himself by the child, shall be punished with imprisonment from six months to ten years, and in less serious cases with imprisonment for not more than five years or a fine.

(2) Whoever induces a child to commit sexual acts on a third person, or to have them committed on the child by a third person, shall be similarly punished.

(3) Whoever:

1. commits sexual acts in front of a child;

2. induces the child to commit sexual acts on his own body; or

3. exerts influence on a child by showing him pornographic illustrations or images, by playing him audio recording media with pornographic content or by corresponding speech,

shall be punished with imprisonment for not more than five years or a fine.

(4) An attempt shall be punishable; this shall not apply for acts under subsection (3), number 3.

Section 176a Serious Sexual Abuse of Children

(1) The sexual abuse of children shall be punished with imprisonment for no less than one year in cases under Section 176 subsections (1) and (2), if:

1. a person over eighteen years of age completes an act of sexual intercourse or similar sexual acts with the child, which are combined with a penetration of the body, or allows them to be committed on himself by the child;

2. the act is committed jointly by more than one person;

3. the perpetrator by the act places the child in danger of serious health damage or substantial impairment of his physical or emotional development; or

4. the perpetrator has undergone a final judgment of conviction for such a crime within the previous five years.

(2) Whoever, in cases under Section176 subsections (1) to (4), acts as a perpetrator or other participant with the intent of making the act the object of a pornographic writing (Section 11 subsection (3)), which is to be disseminated pursuant to Section 184 subsections (3) or (4), shall be punished with imprisonment for not less than two years.

(3) In less serious cases under subsection (1), imprisonment from three months to five years shall be imposed, in less serious cases under subsection (2), imprisonment from one year to ten years.

(4) Whoever, in cases under Section 176 subsections (1) and (2):

1. by the act seriously physically maltreats the child; or

2. by the act places the child in danger of death,

shall be punished with imprisonment for not less than five years.

(5) The time in which the perpetrator is in custody in an institution pursuant to order of a public authority shall not be credited to the term indicated in subsection (1), number

4. An act as to which judgment was rendered abroad shall be deemed equivalent in cases under subsection (1), number 4, to an act as to which judgment was rendered domestically, if under German criminal law it would have been such an act under Section 176 subsections (1) or (2).

Section 176b Sexual Abuse of Children Resulting in Death

If by the sexual abuse (Sections 176 and 176a) the perpetrator at least recklessly causes the death of the child, then the punishment shall be imprisonment for life or for not less than ten years.

Section 177 Sexual Coercion; Rape

(1) Whoever coerces another person:

1. with force;

2. by a threat of imminent danger to life or limb; or

3. by exploiting a situation in which the victim is unprotected and at the mercy of the perpetrator’s influence,

to suffer the commission of sexual acts of the perpetrator or a third person on himself or to commit them on the perpetrator or a third person, shall be punished with imprisonment for not less than one year.

(2) In especially serious cases the punishment shall be imprisonment for not less than two years. An especially serious case exists, as a rule, if:

1. the perpetrator completes an act of sexual intercourse with the victim or commits similar sexual acts on the victim, or allows them to be committed on himself by the victim, which especially degrade the latter, especially if they are combined with penetration of the body (rape); or

2. the act is committed jointly by more than one person.

(3) Imprisonment for not less than three years shall be imposed, if the perpetrator:

1. carries a weapon or another dangerous tool;

2. otherwise carries a tool or means in order to prevent or overcome the resistance of another person through force or threat of force; or

3. places the victim by the act in danger of serious health damage.

(4) Imprisonment for not less than five years shall be imposed, if:

1. the perpetrator uses a weapon or another dangerous tool during the act; or

2. the perpetrator: a) seriously physically maltreats the victim through the act; or b) places the victim in danger of death through the act.

(5) In less serious cases under subsection (1), imprisonment from six months to five years shall be imposed, in less serious cases under subsections (3) and (4), imprisonment from one year to ten years.

Section 178 Sexual Coercion and Rape Resulting in Death

If the perpetrator through sexual coercion or rape (Section 177) at least recklessly causes the death of the victim, then the punishment shall be imprisonment for life or for not less than ten years.

Section 179 Sexual Abuse of Persons Incapable of Resisting

(1) Whoever abuses another person who is incapable of resisting:

1. because of a mental or emotional illness or disability, including an addiction or because of a profound consciousness disorder; or

2. physically,

in that he, by exploiting the incapability of resisting, commits sexual acts on the person, or allows them to be committed on himself by the person, shall be punished with imprisonment from six months to ten years.

(2) Whoever abuses a person incapable of resisting (subsection (1)), in that he induces the person, by exploiting the incapability of resisting, to commit sexual acts on a third person, or to allow them to be committed on the person by a third person, shall be similarly punished.

(3) An attempt shall be punishable.

(4) Imprisonment for no less than one year shall be imposed, if:

1. the perpetrator completes an act of sexual intercourse or similar sexual acts with the victim, which are combined with a penetration of the body, or allows them to be committed on himself by the victim;

2. the act is committed jointly by more than one person; or

3. by the act the perpetrator places the victim in danger of serious health damage or substantial impairment of his physical or emotional development.

(5) In less serious cases under subsections (1), 2 and 4, imprisonment from three months to five years shall be imposed.

(6) Sections 176a subsection (4), and 176b shall apply correspondingly.

Section 180 Promoting Sexual Acts by Minors

(1) Whoever abets the commission of sexual acts of a person under sixteen years of age on or in front of a third person or sexual acts of a third person on a person under sixteen years of age:

1. by acting as an intermediary; or

2. by furnishing or creating an opportunity,

shall be punished with imprisonment for not more than three years or a fine. Sentence 1, Number 2 shall not be applicable if the person responsible for the care of the person acts; this shall not apply if the person responsible for the care of the person grossly violates a duty to provide upbringing in thus abetting.

(2) Whoever induces a person under eighteen years of age to commit sexual acts on or in front of a third person for compensation, or allows them to be committed on the person by a third person, or whoever abets such acts by acting as an intermediary, shall be punished with imprisonment for not more than five years or a fine.

(3) Whoever induces a person under eighteen years of age, who is entrusted to him for upbringing, education or care in leading his life, or who is subordinated to him within the framework of an employment or work relationship, to commit sexual acts on or in front of a third person, or to allow them to be committed on the person by a third person, while abusing a dependency connected with the upbringing, education, care, employment or work relationship, shall be punished by imprisonment for not more than five years or a fine.

(4) In cases under subsections (2) and (3) an attempt shall be punishable.

Section 180a Promoting Prostitution

(1) Whoever professionally maintains or manages an operation in which persons engage in prostitution and in which:

1. they are held in personal or financial dependency; or

2. the exercise of prostitution is promoted by measures which go beyond merely furnishing a dwelling, a place to stay or a residence and the additional services normally associated therewith,

shall be punished with imprisonment for not more than three years or a fine.

(2) Whoever:

1. furnishes a dwelling, or a place to stay or residence for professional use to a person under eighteen years of age for the exercise of prostitution; or

2. urges another person, for whom he has furnished a dwelling for the exercise of prostitution, to engage in prostitution or exploits the person in relation thereto, shall be similarly punished.

Section 180b Trafficking in Human Beings

(1) Whoever, for his own material benefit, exerts influence on another person, with knowledge of a coercive situation, to induce the person to take up or continue in prostitution, shall be punished with imprisonment for not more than five years or a fine. Whoever, for his own material benefit, exerts influence on another person, with knowledge of the helplessness associated with the person’s stay in a foreign country, to get the person to engage in sexual acts, which the person commits on or in front of a third person or allows to be committed on the person by the third person, shall be similarly punished.

(2) Whoever exerts influence:

1. on another person with knowledge of the helplessness associated with the person’s stay in a foreign country; or

2. on a person under twenty-one years of age,

to induce the person to take up or continue prostitution or to get the person to take it up or continue it, shall be punished with imprisonment from six months to ten years.

(3) In cases under subsection (2) an attempt shall be punishable.

Section 181 Serious Trafficking in Human Beings

(1) Whoever:

1. with force, threat of appreciable harm or trickery induces another person to take up or continue prostitution;

2. recruits another person through trickery or abducts person against the person’s will by threat of appreciable harm or trickery, with knowledge of the helplessness associated with the person’s stay in a foreign country, in order to get the person to commit sexual acts on or in front of a third person, to allow them to be committed on the person by a third person; or

3. professionally recruits another person, with knowledge of the helplessness associated with the person’s stay in a foreign country, in order to induce the person to take up or continue prostitution,

shall be punished with imprisonment from one year to ten years.

(2) In less serious cases the punishment shall be imprisonment from six months to five years.

Section 181a Pimping

(1) Whoever:

1. exploits another person who engages in prostitution; or

2. for a material benefit supervises another person’s engagement in prostitution, determines the place, time, extent or other circumstances of the engagement in prostitution, or takes measures to prevent the person from giving up prostitution, and in that regard maintains a relationship with the person which goes beyond a particular case,

shall be punished with imprisonment from six months to five years.

(2) Whoever professionally promotes another person’s engagement in prostitution by procuring sexual traffic, and in that regard maintains a relationship with the person which goes beyond the particular case, shall be punished with imprisonment for not more than three years or a fine.

(3) Whoever commits the acts named in subsection (1), numbers 1 and 2 or the promoting indicated in subsection (2) in relation to his spouse, shall also be punished pursuant to subsections (1) and (2).

Section 181b Supervision of Conduct

In cases under Sections 174 to 174c, 176 to180, 180b to181a, and 182 the court may order supervision of conduct (Section 68 subsection (1)).

Section 181c Property Fine and Extended Forfeiture

Sections 43a, 73d shall be applicable in cases under Sections 181 and 181a subsections (1) and (2), if the perpetrator acts as a member of a gang which has combined for the continued commission of such acts. Section 73d shall also be applicable if the perpetrator acted professionally.

Section 182 Sexual Abuse of Youths

(1) A person over eighteen years of age who abuses a person under sixteen years of age, in that he:

1. commits sexual acts on the person by exploiting a coercive situation or for compensation, or allows them to be committed on himself by the person; or

2. by exploiting a coercive situation induces the person to commit sexual acts on a third person or to allow them to be committed on the person by a third person,

shall be punished with imprisonment for not more than five years or a fine.

(2) A person over twenty-one years of age who abuses a person under sixteen years of age, in that he:

1. commits sexual acts on the person or allows them to be committed on himself by the person; or

2. induces the person to commit sexual acts on a third person or to allow them to be committed on the person by a third person,

and thereby exploits the victim’s lack of capacity for sexual self-determination, shall be punished with imprisonment for not more than three years or a fine.

(3) In cases under subsection (2) the act shall only be prosecuted upon complaint, unless the prosecuting authority considers ex officio that it is required to enter the case because of the special public interest therein.

(4) In cases under subsections (1) and (2) the court may dispense with punishment pursuant to these provisions if , in consideration of the conduct of the person against whom the act was directed, the wrongfulness of the act is slight.

Section 183 Exhibitionist Acts

(1) A man who annoys another person by an exhibitionist act shall be punished with imprisonment for not more than one year or a fine.

(2) The act shall only be prosecuted upon complaint, unless the prosecuting authority considers ex officio that it is required to enter the case because of the special public interest therein.

(3) The court may suspend the execution of imprisonment and impose probation if it can be expected that the perpetrator will only cease to commit exhibitionist acts after lengthy curative treatment.

(4) Subsection (3) shall also apply if a man or a woman is punished because of an exhibitionist act:

1. under another provision, which is punishable by a maximum term of imprisonment of no more than one year; or

2. under Sections 174 subsection (2), no. 1, or 176 subsection (3), no. 1.

Section 183a Creating a Public Nuisance

Whoever publicly commits sexual acts and thereby intentionally or knowingly creates a nuisance, shall be punished with imprisonment for not more than one year or a fine, if the act is not punishable under Section 183.

Section 184 Dissemination of Pornographic Writings

(1) Whoever, in relation to pornographic writings (Section 11 subsection (3)):

1. offers, gives or makes them accessible to a person under eighteen years of age;

2. displays, posts, presents or otherwise makes them accessible at a place accessible to persons under eighteen years of age, or into which they can see;

3. offers or gives them to another in retail trade outside of the business premises, in kiosks or other sales areas which the customer usually does not enter, through a mail-order business or in commercial lending libraries or reading circles; 3a. offers or gives them to another by means of commercial rental or comparable commercial furnishing for use, except for shops which are not accessible to persons under eighteen years of age and into which they cannot see;

4. undertakes to import them by means of a mail-order business;

5. publicly offers, announces, or commends them at a place accessible to persons under eighteen years of age or into which they can see, or through dissemination of writings outside of business transactions through normal trade outlets;

6. allows another to obtain them without having been requested to do by him;

7. shows them at a public film showing for compensation requested completely or predominantly for this showing;

8. produces, obtains, supplies, stocks, or undertakes to import them in order to use them or copies made from them within the meaning of numbers 1 through 7 or to make such use possible by another; or

9. undertakes to export them in order to disseminate them or copies made from them abroad in violation of the applicable penal provisions there or to make them publicly accessible or to make such use possible,

shall be punished with imprisonment for not more than one year or a fine.

(2) Whoever disseminates a pornographic presentation by radio shall be similarly punished.

(3) Whoever, in relation to pornographic writings (Section 11 subsection (3)), which have as their object acts of violence, the sexual abuse of children or sexual acts of human beings with animals:

1. disseminates them;

2. publicly displays, posts, presents or otherwise makes them accessible; or

3. produces, obtains, supplies, stocks, offers, announces, commends, or undertakes to import or export them, in order to use them or copies made from them within the meaning of numbers 1 or 2 or makes such use possible by another,

shall be punished, if the pornographic writings have as their object the sexual abuse of children, with imprisonment from three months to five years, and otherwise with imprisonment for not more than three years or a fine.

(4) If the pornographic writings (Section 11 subsection (3)) in cases under subsection (3) have as their object the sexual abuse of children and reproduce an actual or true-to-life event, then the punishment shall be imprisonment from six months to ten years if the perpetrator acted professionally or as a member of a gang which has combined for the continued commission of such acts.

(5) Whoever undertakes to gain possession of pornographic writings (Section 11 subsection (3)) for himself or a third person, which have as their object the sexual abuse of children, shall, if the writings reproduce an actual or true-to-life event, be punished with imprisonment for not more than one year or a fine. Whoever possesses the writings indicated in sentence 1 shall be similarly punished.

(6) Subsection (1), number 1 shall not be applicable if the person responsible for the care of the person acts. Subsection (1), number 3a, shall not apply if the act takes place in business transactions with commercial borrowers. Subsection (5) shall not apply to acts, which serve exclusively to fulfill legal, official or professional duties. (7) In cases under subsection (4), Section 73d shall be applicable. Objects, to which a crime under subsection (5) relates, shall be confiscated. Section 74a shall be applicable.

Section 184a Engaging in Prohibited Prostitution

Whoever persistently contravenes a prohibition enacted by ordinance against engaging in prostitution at particular places at any time or during particular times of the day, shall be punished with imprisonment for not more than six months or a fine of not more than one hundred eighty daily rates.

Section 184b Youth-Endangering Prostitution

Whoever engages in prostitution:

1. in the vicinity of a school or other locality which is intended to be visited by persons under eighteen years of age; or

2. in a house in which persons under eighteen years of age live,

in a way which morally endangers these persons, shall be punished with imprisonment for not more than one year or a fine.

Section 184c Definition of Terms

Within the meaning of this law:

1. sexual acts shall only be those which are of some relevance in relation to the respective legal interest protected;

2. sexual acts in front of another shall be those which are committed in front of another, who observes the event.

Chapter Fourteen

Insult

Section 185 Insult

Insult shall be punished with imprisonment for not more than one year or a fine and, if the insult is committed by means of violence, with imprisonment for not more than two years or a fine.

Section 186 Malicious Gossip

Whoever asserts or disseminates a fact in relation to another, which is capable of maligning him or disparaging him in the public opinion, shall, if this fact is not demonstrably true, be punished with imprisonment for not more than one year or a fine and, if the act was committed publicly or through the dissemination of writings (Section 11 subsection (3)), with imprisonment for not more than two years or a fine.

Section 187 Defamation

Whoever, against his better judgment, asserts or disseminates an untrue fact in relation to another, which maligns him or disparages him in the public opinion or is capable of endangering his credit, shall be punished with imprisonment for not more than two years or a fine, and, if the act was committed publicly, in a meeting or through dissemination of writings (Section 11 subsection (3)), with imprisonment for not more than five years or a fine.

Section 188 Malicious Gossip and Defamation Against Persons in Political Life

(1) If malicious gossip (Section 186) is committed publicly, in a meeting or through dissemination of writings (Section 11 subsection (3)) against a person involved in the political life of the people with a motive connected with the position of the insulted person in public life, and the act is capable of making his public work substantially more difficult, then the punishment shall be imprisonment from three months to five years.

(2) A defamation (Section 187) under the same prerequisites shall be punished with imprisonment from six months to five years.

Section 189 Disparagement of the Memory of Deceased Persons

Whoever disparages the memory of a deceased person shall be punished with imprisonment for not more than two years or a fine.

Section 190 Judgment of Conviction as Proof of Truth

If the asserted or disseminated fact is a crime, then the proof of the truth thereof shall be considered to have been provided, if a final judgment of conviction for the act has been entered against the person insulted. The proof of the truth is, on the other hand, excluded, if the insulted person had been acquitted in a final judgment before the assertion or dissemination.

Section 191 (repealed)

Section 192 Insult Despite Proof of Truth

The proof of the truth of the asserted or disseminated fact shall not exclude punishment under Section 185, if the existence of an insult results from the form of the assertion or dissemination or the circumstances under which it occurred.

Section 193 Safeguarding Legitimate Interests

Critical judgments about scientific, artistic or commercial achievements, similar utterances which are made in order to exercise or protect rights or to safeguard legitimate interests, as well as remonstrances and reprimands of superiors to their subordinates, official reports or judgments by a civil servant and similar cases are only punishable to the extent that the existence of an insult results from the form of the utterance of the circumstances under which it occurred.

Section 194 Application for Criminal Prosecution

(1) An insult shall be prosecuted only upon complaint. If the act was committed through dissemination of writings (Section 11 subsection (3)) or making them publicly accessible in a meeting or through a presentation by radio, then a complaint is not required if the aggrieved party was persecuted as a member of a group under the National Socialist or another rule by force and decree, this group is a part of the population and the insult is connected with this persecution. The act may not, however, be prosecuted ex officio if the aggrieved party objects. The objection may not be withdrawn. If the aggrieved party dies, then the right to file a complaint and the right to object pass to the relatives indicated in Section 77 subsection (2).

(2) If the memory of a deceased person has been disparaged, then the relatives indicated in Section 77, par. 2, are entitled to file a complaint. If the act was committed through dissemination of writings (Section 11 subsection (3)) or making them publicly accessible in a meeting or through a presentation by radio, then a complaint is not required if the deceased person lost his life as a victim of the National Socialist or another rule by force and decree and the disparagement is connected therewith. The act may not, however, be prosecuted ex officio if a person entitled to file a complaint objects. The objection may not be withdrawn.

(3) If the insult has been committed against a public official, a person with special public service obligations, or a soldier of the Federal Armed Forces while discharging his duties or in relation to his duties, then it may also be prosecuted upon complaint of his superior in government service. If the act is directed against a public authority or other agency, which performs duties of public administration, then it may be prosecuted upon complaint of the head of the public authority or the head of the public supervisory authority. The same applies to public officials and public authorities of churches and other religious societies under public law.

(4) If the act is directed against a legislative body of the Federation or a Land or another political body within the territorial area of application of this law, then it may be prosecuted only with authorization of the affected body.

Section 195 to 198 (repealed)

Section 199 Insults Committed Reciprocally

If an insult is immediately reciprocated, then the judge may declare both insulters or one of them to be exempt from punishment.

Section 200 Publication of the Conviction

(1) If the insult was committed publicly or through dissemination of writings (Section 11 subsection (3)) and if punishment is imposed as a result, then it shall be ordered, upon application of the aggrieved party or a person otherwise entitled to file a complaint, that the conviction for insult be publicly announced upon request.

(2) The manner of publication shall be indicated in the judgment. If the insult was committed through publication in a newspaper or magazine, then the publication shall also be included in a newspaper or magazine and, if possible, indeed, in the same one which contained the insult; this shall apply accordingly if the insult was committed through publication by radio.

Chapter Fifteen

Violation of The Realm of Personal Privacy And Confidentiality

Section 201 Violation of the Confidentiality of the Spoken Word

(1) Whoever, without authorization:

1. makes an audio recording of the privately spoken words of another; or

2. uses, or makes a recording thus produced accessible to a third party,

shall be punished with imprisonment for not more than three years or a fine.

(2) Whoever, without authorization:

1. listens with an eavesdropping device to privately spoken words not intended to come to his attention; or

2. publicly communicates, verbatim, or the essential content of the privately spoken words of another recorded pursuant to subsection (1), number 1, or listened to pursuant to subsection (2), number 1, shall be similarly punished. The act under sentence 1, number 2, shall only be punishable if the public communication is capable of interfering with the legitimate interests of another. It is not unlawful if the public communication was made for the purpose of safeguarding preeminent public interests.

(3) Whoever, as a public official or a person with special public service obligations, violates the confidentiality of the spoken word (subsections (1) and (2)), shall be punished with imprisonment for not more than five years or a fine.

(4) An attempt shall be punishable.

(5) The audio recording media and eavesdropping devices which the perpetrator or the inciter or accessory used may be confiscated. Section 74a shall be applicable.

Section 202 Violation of the Confidentiality of Letters

(1) Whoever, without authorization:

1. opens a sealed letter or another sealed document that was not intended to come to his attention; or

2. obtains knowledge of the content of such a document without opening the seal by using technical means,

shall be punished with imprisonment for not more than one year or a fine if the act is not punishable under Section 206.

(2) Whoever, without authorization, obtains knowledge of the contents of a document, that was not intended to come to his attention and which was specially protected by means of a sealed container from coming to someone’s attention, after opening the container, shall be similarly punished.

(3) An illustration shall be the equivalent of a document within the meaning of subsections (1) and (2).

Section 202a Data Espionage

(1) Whoever, without authorization, obtains data for himself or another, which was not intended for him and was specially protected against unauthorized access, shall be punished with imprisonment for not more than three years or a fine.

(2) Within the meaning of subsection (1), data shall only be those which stored or transmitted electronically or magnetically or otherwise in a not immediately perceivable manner.

Section 203 Violation of Private Secrets

(1) Whoever, without authorization, discloses a the secret of another, in particular, a secret which belongs to the realm of personal privacy or a business or trade secret, which was confided to, or otherwise made known to him in his capacity as a:

1. physician, dentist, veterinarian, pharmacist or member of another healing profession which requires state-regulated education for engaging in the profession or to use the professional designation;

2. professional psychologist with a final scientific examination recognized by the State;

3. lawyer, patent attorney, notary, defense counsel in a statutorily regulated proceeding, certified public accountant, sworn auditor, tax consultant, tax agent, or organ or member of an organ of a law, patent law, accounting, auditing or tax consulting firm;

4. marriage, family, upbringing or youth counselor as well as counselor in matters of addiction at a counseling agency which is recognized by a public authority or body, institution or foundation under public law; 4a. member or agent of a counseling agency recognized under Sections 3 and 8 of the Act on Pregnancies in Conflict Situations;

5. a state-recognized social worker or state-recognized social education worker; or

6. member of a private health, accident or life insurance company or a private medical clearing house,

shall be punished with imprisonment for not more than one year or a fine.

(2) Whoever, without authorization, discloses a the secret of another, in particular, a secret which belongs to the realm of personal privacy or a business or trade secret, which was confided to, or otherwise made known to him in his capacity as a:

1. public official;

2. person with special public service obligations;

3. person who exercises duties or powers under the law on staff representation;

4. member of an investigative committee working for a legislative body of the Federation or a Land, another committee or council which is not itself a member of the legislative body, or as an assistant for such a committee or council; or

5. publicly appointed expert who is formally obligated by law to conscientiously fulfill his duties, shall be similarly punished. Particular statements about personal or material relationships of another which have been collected for public administration purposes, shall be deemed to be the equivalent of a secret within the meaning of sentence 1; sentence 1 shall not, however, be applicable to the extent that such particular statements have been made known to other public authorities or other agencies for public administration purposes and the law does not prohibit it.

(3) Other members of a bar association shall be deemed to be the equivalent of a lawyer named in subsection (1), number 3. Equivalent of the persons named in subsection (1) and sentence 1 shall be their professionally active assistants and those persons who work with them in preparation for exercise of the profession. After the death of the person obligated to safeguard the secret, whoever acquired the secret from the deceased or from his estate shall, furthermore, be the equivalent of the persons named in subsection (1) and in sentences 1 and 2.

(4) Subsections (1) to (3) shall also be applicable if the perpetrator, without authorization, discloses the secret of another after the death of the affected person.

(5) If the perpetrator acts for compensation or with the intent of enriching himself or another or of harming another, then the punishment shall be imprisonment for not more than two years or a fine.

Section 204 Exploitation of Secrets of Another

(1) Whoever, without authorization, exploits the secret of another, in particular a business or trade secret, which he is obligated to keep secret pursuant to Section 203, shall be punished with imprisonment for not more than two years or a fine.

(2) Section 203 subsection (4), shall apply accordingly.

Section 205 Application for Criminal Prosecution

(1) In cases under Sections 201 subsections (1) and (2), and 202 to 204, the act shall only be prosecuted upon complaint.

(2) If the aggrieved party dies then the right to file a complaint passes to the relatives pursuant to Section 77 subsection (2); this shall not apply in cases under Section 202a. If the secret does not relate to the realm of personal privacy of the aggrieved party, then the right to file a complaint for crimes under Sections 203 and 204 passes to the heirs. If the perpetrator discloses or exploits the secret after the death of the person affected in cases under Sections 203 and 204, then sentences 1 and 2 shall apply by analogy.

Section 206 Violation of the Postal or Telecommunications Confidentiality

(1) Whoever, without authorization, makes a communication to another person about facts which are subject to postal or telecommunications confidentiality and which became known to him as the owner or employee of an enterprise in the business of providing postal or telecommunications services, shall be punished with imprisonment for not more than five years or a fine.

(2) Whoever, as an owner or employee of an enterprise indicated in subsection (1) and without authorization:

1. opens a piece of mail which has been entrusted to such an enterprise for transmission and is sealed, or gains knowledge of its content without breaking the seal by using technical means;

2. suppresses a piece of mail entrusted to such an enterprise for transmission; or

3. permits or encourages one of the acts indicated in subsection (1) or in numbers 1 or 2, shall be similarly punished.

(3) Subsections (1) and (2) shall also apply to persons who:

1. perform tasks of supervision over an enterprise indicated in subsection (1);

2. are entrusted by such an enterprise or with its authorization to provide postal or telecommunications services; or

3. are entrusted with the establishment of facilities serving the operation of such an enterprise or with performing work thereon.

(4) Whoever, without authorization, makes a communication to another person about facts which became known to him as a public official active outside of the postal or telecommunications area on the basis of an authorized or unauthorized infringement of postal or telecommunications confidentiality, shall be punished with imprisonment for not more than two years or a fine.

(5) The immediate circumstances of the postal operations of particular persons as well as the content of pieces of mail are subject to postal confidentiality. The content of telecommunications and their immediate circumstances, especially the fact, whether someone has participated in, or is participating in a telecommunications event, are subject to telecommunications confidentiality. Telecommunications confidentiality also extends to the immediate circumstances of unsuccessful attempt to make a connection.

Sections 207 to 210 (repealed)

Chapter Sixteen

Crimes Against Life

Section 211 Murder

(1) The murderer shall be punished with imprisonment for life.

(2) A murderer is, whoever kills a human being out of murderous lust, to satisfy his sexual desires, from greed or otherwise base motives, treacherously or cruelly or with means dangerous to the public or in order to make another crime possible or cover it up.

Section 212 Manslaughter

(1) Whoever kills a human being without being a murderer, shall be punished for manslaughter with imprisonment for not less than five years.

(2) In especially serious cases imprisonment for life shall be imposed.

Section 213 Less Serious Case of Manslaughter

If the person committing manslaughter was provoked to rage by maltreatment inflicted on him or a relative or a serious insult by the person killed and was thereby immediately torn to commit the act, or in the event of an otherwise less serious case, the punishment shall be imprisonment from one year to ten years.

Section 214, 215 (repealed)

Section 216 Homicide upon Request

(1) If someone is induced to homicide by the express and earnest request of the person killed, then imprisonment from six months to five years shall be imposed.

(2) An attempt shall be punishable.

Section 217 (repealed)

Section 218 Termination of Pregnancy

(1) Whoever terminates a pregnancy shall be punished with imprisonment for not more than three years or a fine. Acts, the effects of which occur before the conclusion of the nesting of the fertilized egg in the uterus, shall not qualify as termination of pregnancy within the meaning of this law.

(2) In especially serious cases the punishment shall be imprisonment from six months to five years. An especially serious case exists as a rule, if the perpetrator:

1. acts against the will of the pregnant woman; or

2. recklessly causes the danger of death or serious health damage of the pregnant woman.

(3) If the act is committed by the pregnant woman, then the punishment shall be imprisonment for not more than one year or a fine.

(4) An attempt shall be punishable. The pregnant woman shall not be punished for attempt.

Section 218a Exemption from Punishment for Termination of Pregnancy

(1) The elements of the offense under Section 218 have not been fulfilled, if:

1. the pregnant woman requests the termination of pregnancy and demonstrated to the physician with a certificate pursuant to Section 219 subsection (2), sent. 2, that she had counseling at least three days before the operation;

2. the termination of pregnancy was performed by a physician; and

3. not more than twelve weeks have elapsed since conception.

(2) The termination of pregnancy performed by a physician with the consent of the pregnant woman shall not be unlawful, if, considering the present and future living conditions of the pregnant woman, the termination of the pregnancy is advisable to avert a danger to life or the danger of a grave impairment of the physical or emotional state of health of the pregnant woman and the danger cannot be averted in another way which is reasonable for her.

(3) The prerequisites of subsection (2) shall also be deemed fulfilled with relation to a termination of pregnancy performed by a physician with the consent of the pregnant woman, if according to medical opinion an unlawful act has been committed against the pregnant woman under Sections 176 to 179 of the Penal Code, strong reasons support the assumption that the pregnancy is based on the act, and not more than twelve weeks have elapsed since conception.

(4) The pregnant woman shall not be punishable under Section 218a, if the termination of pregnancy was performed by a physician after counseling (Section 218) and not more than twenty-two weeks have elapsed since conception. The court may dispense with punishment under Section 218 if the pregnant woman was in exceptional distress at the time of the operation.

Section 218b Termination of Pregnancy Without a Medical Determination; Incorrect Medical Determination

(1) Whoever terminates a pregnancy in cases under Section 218a subsections (2) or (3), without there having been a written determination of a physician, who did not himself perform the termination of pregnancy, as to whether the prerequisites of Section 218a subsections (2) or (3), existed, shall be punished with imprisonment for not more than one year or with a fine if the act is not punishable under Section 218. Whoever as a physician makes an incorrect determination, against his better judgment, as to the prerequisites of Section 218a subsections (2) or (3), for presentation under sentence 1, shall be punished with imprisonment for not more than two years or a fine if the act is not punishable under Section 218. The pregnant woman shall not be punishable under sentences 1 or 2.

(2) A physician may not make determinations pursuant to Section 218a subsections (2) or (3), if a competent agency has prohibited him from doing so because he has undergone a final judgment of conviction for an unlawful act under subsection (1), or under Sections 218, 219a or 219b or for another unlawful act which he committed in connection with a termination of pregnancy. The competent agency may provisionally prohibit a physician from making determinations under Section 218a subsections (2) and (3), if proceedings in the trial court have been instituted against him due to suspicion that he committed unlawful acts indicated in sentence 1.

Section 218c Breach of Medical Duties During a Termination of Pregnancy

(1) Whoever terminates a pregnancy:

1. without having given the woman an opportunity to explain the reasons for her request for a termination of pregnancy;

2. without having given the pregnant woman medical advice about the significance of the intervention, especially about the order of events, aftereffects, risks, possible physical or psychic consequences;

3. in cases under Section 218a subsections (1) and (3), without having previously convinced himself on the basis of a medical examination as to the length of the pregnancy; or

4. although he counseled the woman in a case under Section 218a subsection (1), pursuant to Section 219,

shall be punished with imprisonment for not more than one year or a fine if the act is not punishable under Section 218.

(2) The pregnant woman shall not be punishable under subsection (1).

Section 219 Counseling of Pregnant Women in an Emergency or Conflict Situation

(1) The counseling serves to protect unborn life. It should be guided by efforts to encourage the woman to continue the pregnancy and to open her to the prospects of a life with the child; it should help her to make a responsible and conscientious decision. The woman must thereby be aware, that the unborn child has its own right to life with respect to her at every stage of the pregnancy and that a termination of pregnancy can therefore only be considered under the legal order in exceptional situations, when carrying the child to term would give rise to a burden for the woman which is so serious and extraordinary that it exceeds the reasonable limits of sacrifice. The counseling should, through advice and assistance, contribute to overcoming the conflict situation which exists in connection with the pregnancy and remedying an emergency situation. Further details shall be regulated by the Act on Pregnancies in Conflict Situations.

(2) The counseling must take place pursuant to the Act on Pregnancies in Conflict Situations through a recognized Pregnancy Conflict Counseling Agency. After the conclusion of the counseling on the subject, the counseling agency must issue the pregnant woman a certificate including the date of the last counseling session and the name of the pregnant woman in accordance with the Act on Pregnancies in Conflict Situations. The physician who performs the termination of pregnancy is excluded from being a counselor.

Section 219a Advertising for Termination of Pregnancy

(1) Whoever publicly, in a meeting or through dissemination of writings (Section 11 subsection (3)), for material gain or in a grossly objectionable manner, offers, announces, commends, or makes known explanations of the content of:

1. his own services for performing or promotion of terminations of pregnancy, or those of another;

2. means, objects or procedures capable of terminating pregnancy, with reference to this capacity,

shall be punished with imprisonment for not more than two years or a fine.

(2) Subsection (1), number 1 shall not apply when physicians or statutorily recognized counseling agencies provide information about which physicians, hospitals or institutions are prepared to perform a termination of pregnancy under the prerequisites of Section 218a subsections (1) to (3).

(3) Subsection (1), number 2 shall not apply if the act was committed in relation to physicians or persons who are authorized to trade in the means or objects mentioned in subsection (1), number 2, or through a publication in professional medical or pharmaceutical journals.

Section 219b Bringing Means for Termination of Pregnancy into Circulation

(1) Whoever, with intent to encourage unlawful acts under Section 218, brings means or objects into circulation which are capable of terminating a pregnancy, shall be punished with imprisonment for not more than two years or a fine.

(2) The incitement or accessoryship of the woman who prepares the termination of her own pregnancy, shall not be punishable under subsection (1).

(3) Means or objects, to which the act relates, may be confiscated.

Section 220 (repealed)

Section 220a Genocide

(1) Whoever, with the intent of destroying as such, in whole or in part, a national, racial or religious group or one characterized by its folk customs by:

1. killing members of the group;

2. inflicting serious physical or emotional harm, especially of the type indicated in Section 226 on members of the group;

3. placing the group in living conditions capable of leading, in whole or in part, to their physical destruction;

4. imposing measures which are intended to prevent births within the group;

5. forcibly transferring children of the group into another group,

shall be punished with imprisonment for life.

(2) In less serious cases under subsection (1), numbers 2 to 5, the punishment shall be imprisonment for not less than five years.

Section 221 Abandonment

(1) Whoever:

1. places a human being in a helpless situation; or

2. abandons a human being in a helpless situation, although he had him in his custody or was otherwise obligated to give him support,

and thereby exposes him to a danger of death or serious health damage, shall be punished with imprisonment from three months to five years.

(2) Imprisonment from one year to ten years shall be imposed, if the perpetrator:

1. commits the act against his own child or a person entrusted to him for upbringing or care in leading his life; or

2. causes by the act serious health damage to the victim.

(3) If the perpetrator by the act causes the death of the victim, then the punishment shall be imprisonment for not less than three years.

(4) In less serious cases under subsection (2), imprisonment from six months to five years should be imposed, in less serious cases under subsection (3), imprisonment from one year to ten years.

Section 222 Negligent Homicide

Whoever through negligence causes the death of a human being, shall be punished with imprisonment for not more than five years or a fine.

Chapter Seventeen

Crimes Against Bodily Integrity

Section 223 Bodily Injury

(1) Whoever physically maltreats or harms the health of another person, shall be punished with imprisonment for not more than five years or a fine.

(2) An attempt shall be punishable.

Section 224 Dangerous Bodily Injury

(1) Whoever commits bodily harm:

1. through the administration of poison or other substances dangerous to health;

2. by means of a weapon or other dangerous tool;

3. by means of a sneak attack;

4. jointly with another participant; or

5. by means of a treatment dangerous to life,

shall be punished with imprisonment from six months to ten years, in less serious cases with imprisonment from three months to five years.

(2) An attempt shall be punishable.

Section 225 Maltreatment of Wards

(1) Whoever torments or roughly maltreats or, through a malicious neglect of his duty to care for the person, harms the health of a person under eighteen years of age or a person who is defenseless due to frailty or illness, who:

1. is under his care or custody;

2. belongs to his household;

3. has been placed under his control by the person obligated to provide care; or

4. is subordinated to him with the framework of an employment or work relationship,

shall be punished with imprisonment from six months to ten years.

(2) An attempt shall be punishable.

(3) Imprisonment for not less than one year shall be imposed, if the perpetrator by the act places the ward in danger of:

1. death or serious health damage; or

2. a substantial impairment of his physical or emotional development.

(4) In less serious cases under subsection (2), imprisonment from three months to five years shall be imposed, in less serious cases under subsection (3), imprisonment from six months to five years.

Section 226 Serious Bodily Injury

(1) If the bodily injury has, as a result, that the injured person:

1. loses his sight in one eye or in both eyes, his hearing, his speech or his procreative capacity;

2. loses or permanently can no longer use an important bodily member;

3. is permanently disfigured in a substantial way or becomes infirm, paralyzed, mentally ill or disabled, then the punishment shall be imprisonment from one year to ten years.

(2) If the perpetrator intentionally or knowingly causes one of the results indicated in subsection (1), then the punishment shall be imprisonment for not less than three years.

(3) In less serious cases under subsection (2), imprisonment from six months to five years shall be imposed, in less serious cases under subsection (2), imprisonment from one year to ten years.

Section 227 Bodily Injury Resulting in Death

(1) If the perpetrator causes the death of the injured person through the infliction of bodily injury (Sections 223 to 226), then the punishment shall be imprisonment for not less than three years.

(2) In less serious cases imprisonment from one year to ten years shall be imposed.

Section 228 Consent

Whoever commits bodily injury with the consent of the injured person only acts unlawfully if the act is, despite the consent, contrary to good morals.

Section 229 Negligent Bodily Injury

Whoever negligently causes bodily injury to another person shall be punished with imprisonment for not more than three years or a fine.

Section 230 Application for Criminal Prosecution

(1) Intentional bodily injury under Section223 and negligent bodily injury under Section 229 shall only be prosecuted upon complaint, unless the authority considers ex officio that it is required to enter the case because of the special public interest therein. If the injured person dies, then the right to file a complaint passes, in cases of intentional bodily injury, to the relatives pursuant to Section 77 subsection (2).

(2) If the act has been committed against a public official, a person with special public service obligations, or a soldier of the Federal Armed Forces during the discharge of his duties or in relation to his duties, then it may also be prosecuted upon complaint of his superior in government service. The same shall apbply to public officials of churches and other religious societies under public law.

Section 231 Participation in a Brawl

(1) Whoever participates in a brawl or an assault committed on one person by more than one person, shall be punished because of this participation with imprisonment for not more than three years or a fine if the death of a human being or serious bodily injury (Section 226) was caused by the brawl or the assault.

(2) Whoever participated in the brawl or the assault for reasons beyond reproach shall not be punishable under subsection (1).

Sections 232 and 233 (repealed)

Chapter Eighteen

Crimes Against Personal Freedom

Section 234 Kidnapping

(1) Whoever seizes a human being by force, threat of appreciable harm or trickery, in order to abandon him in a helpless situation, place him in slavery or bondage or introduce him to service in a military or paramilitary institution abroad, shall be punished with imprisonment for not less than one year.

(2) In less serious cases the punishment shall be imprisonment from six months to five years.

Section 234a Abduction

(1) Whoever brings another by trickery, threat or force into a territory beyond the territorial area of application of this law, or causes him to go there, or prevents him from returning therefrom, and thereby exposes him to the danger of being persecuted for political reasons and thus, at variance with principles of the rule of law, to suffer harm to life and limb through violent or arbitrary measures, to be deprived of his freedom or to be appreciably prejudiced in his professional or financial position, shall be punished with imprisonment for not less than one year.

(2) In less serious cases the punishment shall be imprisonment from three months to five years.

(3) Whoever prepares such an act shall be punished with imprisonment for not more than five years or a fine.

Section 235 Child Stealing

(1) Whoever takes away or withholds from the parents, one of the parents, the legal or other guardian:

1. a person under eighteen years of age by force, threat of appreciable harm or trickery; or

2. a child, without being its relative,

shall be punished with imprisonment for not more than five years or a fine.

(2) Whoever:

1. takes a child away from the parents, one of the parents, or the legal or other guardian, in order to take it abroad; or

2. withholds it abroad after it had been taken or had gone there, shall be similarly punished.

(3) In cases under subsection (1), number 2 and subsection (2), number 1, an attempt shall be punishable.

(4) Imprisonment from one year to ten years shall be imposed, if the perpetrator:

1. by the act places the victim in danger of death or serious health damage or a substantial impairment of his physical or emotional development; or

2. commits the act for compensation or with the intent of enriching himself or a third person.

(5) If by the act the perpetrator causes the death of the victim, then the punishment shall be imprisonment for not less than three years.

(6) In less serious cases under subsection (4), imprisonment from six months to five years shall be imposed, in less serious cases under subsection (5), imprisonment from one year to ten years. (7) Child stealing shall only be prosecuted upon complaint in cases under subsections (1) to (3), unless the authority considers ex officio that it is required to enter the case because of the special public interest therein.

Section 236 Trafficking in Children

(1) Whoever, with gross neglect of his duties of care and upbringing, leaves his child under fourteen years of age with another indefinitely for compensation, or with the intent of enriching himself or a third person, shall be punished with imprisonment for not more than five years or a fine. Whoever, in cases under sentence 1, takes the child in indefinitely and gives compensation therefor, shall be similarly punished.

(2) Whoever, without authorization:

1. procures the adoption of a person under eighteen years of age; or

2. engages in procurement activity which has as its goal that a third person takes in a person under eighteen years of age indefinitely,

and thereby acts for compensation or with the intent of enriching himself or a third person, shall be punished with imprisonment for not more than three years or a fine. If the perpetrator in cases under sentence 1 causes the procured person to be brought into Germany or abroad, then the punishment shall be imprisonment for not more than five years or a fine.

(3) An attempt shall be punishable.

(4) Imprisonment from six months to ten years shall be imposed, if the perpetrator:

1. acts for profit, professionally or as a member of a gang, which has combined for the continued commission of trafficking in children; or

2. by the act places the child or the procured person in danger of a substantial impairment of his physical or emotional development.

(5) The court may in its discretion mitigate the punishment (Section 49 subsection (2)) or dispense with punishment under subsections (1) to (3) of participants, in cases under subsection (1), and of inciters or accessories, in cases under subsection (2), whose guilt, taking into consideration the physical or emotional welfare of the child or the procured person, is slight.

Sections 237 and 238 (repealed)

Section 239 Deprivation of Liberty

(1) Whoever locks up a human being or otherwise deprives him of his liberty, shall be punished with imprisonment for not more than five years or a fine.

(2) An attempt shall be punishable.

(3) Imprisonment from one year to ten years shall be imposed, if the perpetrator:

1. deprives the victim of his liberty for longer than one week; or

2. by the act or something he did during the act causes serious health damage to the victim.

(4) If by the act or something he did during the act the perpetrator causes the death of the victim, then the punishment shall be imprisonment for not less than three years.

(5) In less serious cases under subsection (3) imprisonment from six months to five years shall be imposed, in less serious cases under subsection (4), imprisonment from one year to ten years.

Section 239a Extortionate Kidnapping

(1) Whoever abducts or seizes a human being in order to exploit for purposes of extortion (Section 253) the victim’s concern for his own welfare or the concern of a third person for the welfare of the victim, or whoever exploits for purposes of such extortion a human being’s situation created by such an act, shall be punished by imprisonment for not less than five years.

(2) In less serious cases the punishment shall be imprisonment for not less than one year.

(3) If by the act the perpetrator at least recklessly causes the death of the victim, then the punishment shall be imprisonment for life or for not less than ten years.

(4) The court may mitigate the punishment pursuant to Section 49 subsection (1), if the perpetrator renounces the desired result and allows the victim to get back to his normal surroundings. If this result occurs due in no part to the contribution of the perpetrator, then his earnest efforts to attain this result shall suffice.

Section 239b Hostage Taking

(1) Whoever abducts or seizes a human being in order to coerce him or a third person, by threats of death or serious bodily injury (Section 226) to the victim or of his deprivation of liberty for longer than one week, to commit, acquiesce in or omit an act, or whoever exploits for purposes of such coercion a human being’s situation created by such an act, shall be punished with imprisonment for not less than five years.

(2) Section 239a subsections (2) to (4), shall apply accordingly.

Section 239c Supervision of Conduct

In cases under Sections 239a and 239b the court may order supervision of conduct (Section 68 subsection (1)).

Section 240 Coercion

(1) Whoever unlawfully with force or threat of an appreciable harm compels a human being to commit, acquiesce in or omit an act, shall be punished with imprisonment for not more than three years or a fine.

(2) The act shall be unlawful if the use of force or the threat of harm is deemed reprehensible in relation to the desired objective.

(3) An attempt shall be punishable.

(4) In especially serious cases the punishment shall be imprisonment from six months to five years. An especially serious case exists as a rule, if the perpetrator:

1. coerces another person to commit a sexual act;

2. coerces a pregnant woman to terminate the pregnancy; or

3. abuses his powers or position as a public official.

Section 241 Threat

(1) Whoever threatens a human being with the commission of a serious criminal offense directed against him or someone close to him, shall be punished with imprisonment for not more than one year or a fine.

(2) Whoever against his better judgment feigns to another person that the realization of a serious criminal offense directed against him or a person close to him is imminent, shall be similarly punished.

Section 241a Casting Political Suspicion

(1) Whoever, through a report or by casting suspicion, exposes another to the danger of being persecuted for political reasons and thus, at variance with principles of the rule of law, to suffer harm to life and limb through violent or arbitrary measures, to be deprived of his freedom or to be appreciably prejudiced in his professional or financial position, shall be punished with imprisonment for not more than five years or a fine.

(2) Whoever makes or transmits a communication about an another and thereby exposes him to the danger of political persecution indicated in subsection (1), shall be similarly punished.

(3) An attempt shall be punishable.

(4) If an untrue assertion is made in the report, the casting of suspicion or the communication against another or if the act is committed with the intent of bringing about the results indicated in subsection (1), or if there otherwise exists an especially serious case, then imprisonment from one year to ten years may be imposed.

Chapter Nineteen

Theft And Misappropriation

Section 242 Theft

(1) Whoever takes moveable property not his own away from another with the intent of unlawfully appropriating the property for himself or a third person, shall be punished with imprisonment for not more than five years or a fine.

(2) An attempt shall be punishable.

Section 243 Especially Serious Case of Theft

(1) In especially serious cases theft shall be punished with imprisonment from three months to ten years. An especially serious cases exists as a rule, if the perpetrator:

1. in executing the act breaks or climbs into a building, official or business premises or another enclosed space or intrudes therein by using a skeleton key or other tool not regularly used for entry or hides in the space;

2. steals property which is specially protected against taking by a sealed container or other protective equipment;

3. steals professionally;

4. steals property which is used in religious services or for religious veneration from a church or other building or space used for the practice of religion;

5. steals property of significance for science, art or history or for technical development which is located in a generally accessible collection or is publicly exhibited;

6. steals by exploiting the helplessness of another person, an accident or a common danger; or

7. steals a handgun, for the acquisition of which a license is required under the Weapons Law, a machine gun, a submachine gun, a fully or semi-automatic rifle or a military weapon containing an explosive within the meaning of the Military Weapons Control Law, or an explosive.

(2) In cases under subsection (1), sentence 2, numbers 1 to 6, an especially serious case shall be excluded if the act relates to property of slight value.

Section 244 Armed Theft; Theft by a Gang; Theft by Burglary of a Dwelling

(1) Whoever:

1. commits a theft, during which he or another participant: a) carries a weapon or another dangerous tool; b) otherwise carries a tool or means in order to prevent or overcome the resistance of another person through force or threat of force;

2. steals as a member of a gang, which has combined for the continued commission of robbery or theft, with the participation of another member of the gang; or

3. commits a theft, whereby in the execution of the act he breaks or climbs into a dwelling or intrudes therein by using a skeleton key or other tool not regularly used for entry or hides in the dwelling,

shall be punished by imprisonment from six months to ten years.

(2) An attempt shall be punishable.

(3) In cases under subsection (1), number 2, Sections 43a, 73d shall be applicable.

Section 244a Serious Theft by a Gang

(1) Whoever commits the theft under the prerequisites named in Section 243 subsection (1), sent. 2, or in the cases under Section 244 subsection (1), nos. 1 or 3, as a member of a gang, which has combined for the continued commission of robbery or theft, with the participation of another member of the gang.

(2) In less serious cases the punishment shall be imprisonment from six months to five years.

(3) Sections 43a,73d shall be applicable.

Section 245 Supervision of Conduct

In cases under Sections 242 to 244a the court may order supervision of conduct (Section 68 subsection (1)).

Section 246 Misappropriation

(1) Whoever unlawfully appropriates moveable property of another for himself or a third person, shall be punished with imprisonment for not more than three years or a fine if the act is not subject to more severe punishment under other provisions.

(2) If in cases under subsection (1) the property was entrusted to the perpetrator, then the punishment shall be imprisonment for not more than five years or a fine.

(3) An attempt is punishable.

Section 247 Theft from Home and Family

If a relative, the legal guardian or a person who takes care of the perpetrator aggrieved by the theft or if the injured person lives with the perpetrator in the same household, then the act shall only be prosecuted upon complaint.

Section 248 (repealed)

Section 248a Theft and Misappropriation of Things of Slight Value

The theft and misappropriation of property of slight value shall be prosecuted only upon complaint in cases under Sections 242 and 246, unless the prosecuting authority considers ex officio that it is required to enter the case because of the special public interest therein.

Section 248b Unauthorized Use of a Vehicle

(1) Whoever makes use of a motor vehicle or a bicycle against the will of the authorized person, shall be punished with imprisonment for not more than three years or a fine if the act is not subject to more severe punishment under other provisions.

(2) An attempt shall be punishable.

(3) The act shall only be prosecuted upon complaint.

(4) Motor vehicles within the meaning of this provision are vehicles which are driven by machine power and terrestrial motor vehicles only to the extent that they are not restricted to rails.

Section 248c Tapping of Electrical Energy

(1) Whoever taps the electrical energy of another from an electrical facility or installation by means of a conductor which is not intended for the regular withdrawal of energy from the facility or installation, shall, if the act was committed with the intent of appropriating the electrical energy for himself or a third person, be punished by imprisonment for not more than five years or a fine.

(2) An attempt shall be punishable.

(3) Sections 247 and 248a shall apply accordingly.

(4) If the act indicated in subsection (1) is committed with the intent of inflicting unlawful damage on another, then the punishment shall be imprisonment for not more than two years or a fine. The act shall only be prosecuted upon complaint.

Chapter Twenty

Robbery and Extortion

Section 249 Robbery

(1) Whoever, by force against a person or the use of threats of imminent danger to life or limb, takes moveable property not his own from another with the intent of appropriating the property for himself or a third person, shall be punished with imprisonment for not less than one year.

(2) In less serious cases the punishment shall be imprisonment from six months to five years.

Section 250 Serious Robbery

(1) Imprisonment for not less than three years shall be imposed, if:

1. the perpetrator or another participant in the robbery: a). carries a weapon or other dangerous tool; b) otherwise carries a tool or means in order to prevent or overcome the resistance of another person through force or threat force; c) by the act places another person in danger of serious health damage; or

2. the perpetrator commits the robbery as a member of a band which has combined for the continued commission of robbery or theft with the participation of another member of the gang.

(2) Imprisonment for not less than five years shall be imposed, if the perpetrator or another participant in the robbery:

1. uses a weapon or other dangerous tool during the act;

2. carries a weapon in cases under subsection (1), number 2; or

3. during or by the act: a) seriously physically maltreats another person; or b) places another person in danger of death.

(3) In less serious cases under subsections (1) and (2) the punishment shall be imprisonment from one year to ten years.

Section 251 Robbery Resulting in Death

If by the robbery (Sections 249 and 250), the perpetrator at least recklessly causes the death of another human being, then the punishment shall be imprisonment for life or for not less than ten years.

Section 252 Robbery-Like Theft

Whoever, when caught in the act during a theft, uses force against a person or threats of imminent danger to life and limb, in order to retain possession of the stolen property, shall be punished the same as a robber.

Section 253 Extortion

(1) Whoever unlawfully with force or threat of appreciable harm coerces a human being to commit, acquiesce in or omit an act and thereby cause detriment to the assets of the person coerced or another, in order to wrongfully enrich himself or a third person, shall be punished with imprisonment for not more than five years or a fine.

(2) The act shall be unlawful if the use of force or the threat of harm is deemed to bereprehensible in relation to the desired objective.

(3) An attempt shall be punishable.

(4) In especially serious cases the punishment shall be imprisonment for not less than one year. An especially serious case exists as a rule if the perpetrator acts professionally or as a member of a gang which has combined for the continued commission of extortion.

Section 254 (repealed)

Section 255 Robbery-Like Extortion

If the extortion is committed by using force against a person or threats of imminent danger to life or limb, then the perpetrator shall be punished the same as a robber.

Section 256 Supervision of Conduct, Property Fine and Extended Forfeiture

(1) In cases under Sections 249 to 255 the court may order supervision of conduct (Section 68 subsection (1)).

(2) In cases under Sections 253 and 255, Sections 43a,73d shall be applicable if the perpetrator acts as member of a gang which has combined for the continued commission of such acts. Section 73d shall also be applicable if the perpetrator acted professionally.

Chapter Twenty-one

Accessory After the Fact and Receiving Stolen Property

Section 257 Accessory After the Fact

(1) Whoever renders assistance to another, who has committed an unlawful act, with the intent of securing for him the benefits of the act, shall be punished with imprisonment for not more than five years or a fine.

(2) The punishment may not be more severe than the punishment provided for the antecedent act.

(3) Whoever is punishable for his participation in the antecedent act may not be punished as an accessory after the fact. This shall not apply to one who incites a non-participant in the antecedent act to be an accessory after the fact.

(4) Prosecution for being an accessory after the fact shall only be upon complaint, with authorization, or upon request for prosecution, if the perpetrator or inciter or accessory of the antecedent act could only be prosecuted upon complaint, with authorization, or upon request for prosecution. Section 248 shall apply by analogy.

Section 258 Obstruction of Punishment

(1) Whoever intentionally or knowingly obstructs in whole or in part the punishment of another in accordance with the Penal Code because of an unlawful act or his being subjected to a measure (Section 11 subsection (1), no. 8), shall be punished with imprisonment for not more than five years or a fine.

(2) Whoever intentionally or knowingly obstructs in whole or in part the execution of a punishment or measure imposed against another shall be similarly punished.

(3) The punishment shall not be more severe than the punishment provided for the antecedent act.

(4) An attempt shall be punishable.

(5) Whoever by the act simultaneously intends to obstruct, in whole or in part, that he himself be punished or subjected to a measure or that a punishment or measure imposed against him be executed, shall not be punished for obstruction of punishment.

(6) Whoever commits the act on behalf of a relative shall be exempt from punishment.

Section 258a Obstruction of Punishment in a Public Office

(1) If the perpetrator is charged in cases under Section 258 subsection (1), as a public official with participation in the criminal proceedings or the proceedings for ordering the measure (Section 11 subsection (1), no. 8), or in cases under Section 258 subsection (2), as a public official with participation in the execution of the punishment or measure, then the punishment shall be imprisonment from six months to five years, in less serious cases, imprisonment for not more than three years or a fine.

(2) An attempt shall be punishable.

(3) Section 258 subsections (3) and (6), shall not be applicable.

Section 259 Receiving Stolen Property

(1) Whoever, in order to enrich himself or a third person, buys, otherwise procures for himself or a third person, disposes of, or assists in disposing of property that another has stolen or otherwise acquired by an unlawful act directed against the assets of another, shall be punished with imprisonment for not more than five years or a fine.

(2) Sections 247, 248a shall apply by analogy.

(3) An attempt shall be punishable.

Section 260 Professional Receiving Stolen Property; Receiving Stolen Property by a Gang

(1) Whoever commits receiving stolen property:

1. professionally; or

2. as a member of a gang, which has combined for the continued commission of robbery, theft or receiving stolen property,

shall be punished with imprisonment from six months to ten years.

(2) An attempt shall be punishable.

(3) In cases under subsection (1), number 2, Sections 43a,73d shall be applicable. Section 73d shall also be applicable in cases under subsection (1), number 1.

Section 260a Professional Receiving Stolen Property by a Gang

(1) Whoever professionally commits receiving stolen property as a member of a gang, which has combined for the continued commission of robbery, theft or receiving stolen property, shall be punished with imprisonment from one year to ten years.

(2) In less serious cases the punishment shall be imprisonment from six months to five years.

(3) Sections 43a,73d shall be applicable.

Section 261 Money Laundering; Concealment of Unlawfully Acquired Assets

(1) Whoever hides an object which is derived from an unlawful act named in sentence 2, conceals its origin or obstructs or endangers the investigation of its origin, its being found, its forfeiture, its confiscation or its being taken into custody, shall be punished with imprisonment from three months to five years. Unlawful acts within the meaning of sentence 1 shall be:

1. serious criminal offenses;

2. less serious criminal offenses under: a) Section 332 subsection (1), also in conjunction with subsection (3), and Section334; b) Section 29 subsection (1), sent. 1, no. 1, of the Narcotics Law and Section 29 subsection (1), no. 1, of the Precursors Control Law;

3. less serious criminal offenses under Section 373 and, if the perpetrator acted professionally, under Section 374 of the Fiscal Code, and also in conjunction with Section 12 subsection (1), of the Law to Implement the Common Market Organizations respectively;

4. less serious criminal offenses: a) under Sections 180b, 181a, 242, 246, 253, 259, 263 to 264, 266, 267, 269, 284, 326 subsections (1),2 and 4, and 328 subsections (1),2 and 4; b) under Section 92a of the Aliens Law and Section 84 of the Asylum Procedure Law, which were committed professionally or by a member of a gang which has combined for the continued commission of such acts; and

5. less serious criminal offenses committed by a member of a criminal organization (Section 129). In cases under sentence 1, number 3, sentence 1 shall also apply to an object in relation to which fiscal charges have been evaded.

(2) Whoever:

1. procures an object indicated in subsection (1) for himself or a third person; or

2. keeps an object indicated in subsection (1) in his custody or uses it for himself or a third person, shall be similarly punished.

(3) An attempt shall be punishable.

(4) In especially serious cases the punishment shall be imprisonment from six months to ten years. An especially serious case exists, as a rule, if the perpetrator acts professionally or as a member of a gang, which has combined for the continued commission of money laundering.

(5) Whoever, in cases under subsections (1) or (2), is recklessly unaware, that the object is derived from an unlawful act named in subsection (1), shall be punished with imprisonment for not more than two years or a fine.

(6) The act shall not be punishable under subsection (2), if a third person previously acquired the object without having thereby committed a crime. (7) Objects to which the crime relates may be confiscated. Section 74a shall be applicable. Sections 43a,73d shall be applicable if the perpetrator acts as a member of a gang which has combined for the continued commission of money laundering. Section 73d shall also be applicable if the perpetrator acts professionally. (8) Objects which are derived from an act of the type indicated in subsection (1) committed overseas shall be the equivalent of the objects indicated in subsections (1),2, and 5, if the act is also punishable at the place of commission of the act. (9) Whoever:

1. voluntarily reports the act to the competent public authority or voluntarily causes such a report to be made, if the act was not already discovered in whole or in part at the time and the perpetrator knew this or should have taken this into account upon a reasonable evaluation of the factual situation; and

2. in cases under subsections (1) or (2) under the prerequisites named in number 1, causes the object to which the crime relates to be taken into custody, shall not be punished under subsections (1) to (5). Whoever is punishable because of participation in the antecedent act shall also not be punished under subsections (1) to (5). (10) The court in its discretion may mitigate the punishment (Section 49 subsection (2)) in cases under subsections (1) to (5) or dispense with punishment under these provisions, if the perpetrator through voluntary disclosure of his knowledge has substantially contributed, so that the act, beyond his own contribution thereto, or an unlawful act of another named in subsection (1), could be uncovered.

Section 262 Supervision of Conduct

In cases under Sections 259 to 161 the court may order supervision of conduct (Section 68 subsection (1)).

Chapter Twenty-two

Fraud And Breach of Trust

Section 263 Fraud

(1) Whoever, with the intent of obtaining for himself or a third person an unlawful material benefit, damages the assets of another, by provoking or affirming a mistake by pretending that false facts exist or by distorting or suppressing true facts, shall be punished with imprisonment for not more than five years or a fine.

(2) An attempt shall be punishable.

(3) In especially serious cases the punishment shall be imprisonment from six months to ten years. An especially serious case exists, as a rule, if the perpetrator:

1. acts professionally or as a member of a gang which has combined for the continued commission of falsification of documents or fraud;

2. causes an asset loss of great magnitude or by the continued commission of fraud acts with the intent of placing a large number of human beings in danger of loss of assets;

3. places another person in financial need;

4. abuses his powers or his position as a public official; or

5. feigns an insured event after he or another have, to this end, set fire to a thing of significant value or destroyed it, in whole or in part, through the setting of a fire or caused the sinking or wrecking of a ship.

(4) Section 243 subsection (2), as well as Sections 247 and 248a shall apply accordingly.

(5) Whoever professionally commits fraud as a member of a gang, which has combined for the continued commission of crimes under Sections 263 to264 or 267 to 269, shall be punished with imprisonment from one year to ten years, in less serious cases with imprisonment from six months to five years.

(6) The court may order supervision of conduct (Section 68 subsection (1)). (7) Sections 43a, 73d shall be applicable if the perpetrator acted as a member of a gang which has combined for the continued commission of crimes under Sections 263 to 264 or 267 to 269. Section 73d shall also be applicable if the perpetrator acted professionally.

Section 263a Computer Fraud

(1) Whoever, with the intent of obtaining for himself or a third person an unlawful material benefit, damages the assets of another by influencing the result of a data processing operation through incorrect configuration of a program, use of incorrect or incomplete data, unauthorized use of data or other unauthorized influence on the order of events, shall be punished with imprisonment for not more than five years or a fine.

(2) Section 263 subsections (2) to (7), shall apply accordingly.

Section 264 Subsidy Fraud

(1) Whoever:

1. makes incorrect or incomplete statements about facts relevant to a subsidy for himself or another, that are advantageous for himself or the other, to a public authority competent to approve a subsidy or to another agency or person (subsidy giver) which has intervened in the subsidy procedure;

2. uses an object or cash benefit, the use of which is limited by legal provisions or by the subsidy giver in relation to a subsidy, contrary to the use-limitation;

3. leaves the subsidy giver, contrary to legal provisions relating to the subsidy grant, in ignorance about facts relevant to the subsidy; or

4. uses a certificate of subsidy entitlement or about facts relevant to a subsidy which was acquired by reason of incorrect or incomplete statements in subsidy proceeding,

shall be punished with imprisonment for not more than five years or a fine.

(2) In especially serious cases the punishment shall be imprisonment from six months to ten years. An especially serious case exists, as a rule, if the perpetrator:

1. acquires, out of gross selfishness or by using counterfeit or falsified documentation, an unjustified subsidy of great magnitude for himself or another;

2. abuses his powers or his position as a public official; or

3. exploits the assistance of a public official who abuses his powers or his position.

(3) Section 263 subsection (5), shall apply accordingly.

(4) Whoever acts recklessly in cases under subsection (1), numbers 1 to 3, shall be punished with imprisonment for not more than three years or a fine.

(5) Whoever voluntarily prevents the granting of a subsidy on the basis of the act, shall not be punished pursuant to subsections (1) and (4). If the subsidy is not granted due in no part to the contribution of the perpetrator, then he will be exempt from punishment if he voluntarily and earnestly makes efforts to prevent the granting of the subsidy.

(6) Collateral to imprisonment of at least one year for a crime under subsections (1) to (3), the court may deprive the person of the capacity to hold public office and the capacity to attain public electoral rights (Section 45 subsection (2)). Objects to which the act relates may be confiscated; Section 74a shall be applicable.

(7) A subsidy within the meaning of this provision shall be:

1. a benefit from public funds under federal or Land law for businesses or enterprises, which, at least in part: a) is granted without market-related consideration; and b) should aid in stimulating the economy;

2. a benefit from public funds under the law of the European Communities, which is granted, at least in part, without market-related consideration. A public enterprise shall also be deemed to be a business or enterprise within the meaning of sentence 1, number 1.

(8) Relevant to a subsidy within the meaning of subsection (1) shall be facts:

1. which are designated as being relevant to a subsidy by law or by the subsidy giver on the basis of a statute; or

2. upon which the approval, grant, reclaiming, renewal or continuation or a subsidy are statutorily dependent.

Section 264a Capital Investment Fraud

(1) Whoever, in connection with:

1. the sale of securities, subscription rights or shares intended to grant participation in the yield of an enterprise; or

2. an offer to increase the capital investment in such shares,

makes incorrect favorable statements or keeps unfavorable facts secret in prospectuses or in representations or surveys to a considerable circle of persons about the net assets in relation to circumstances relevant to the decision about acquisition or increase, shall be punished with imprisonment for not more than three years or a fine.

(2) Subsection (1) shall apply accordingly if the act is related to shares in assets which an enterprise administers in its own name, yet for the account of a third party.

(3) Whoever voluntarily prevents that the benefit contingent upon the acquisition or the increase is produced on the basis of the act shall not be punished pursuant to subsections (1) and (2). If the benefit is not produced due in no part to the contribution of the perpetrator, then he will be exempt from punishment if he voluntarily and earnestly makes efforts to prevent the production of the benefit.

Section 265 Abuse of Insurance

(1) Whoever damages, destroys, impairs the usefulness of, gets rid of or gives to another a thing which is insured against destruction, damage, impairment of use, loss or theft, in order to obtain for oneself or a third party insurance benefits, shall be punished with imprisonment for not more than three years or a fine if the act is not punishable under Section 263.

(2) An attempt shall be punishable.

Section 265a Obtaining Benefits by Devious Means

(1) Whoever obtains the benefits of an automat or a telecommunications network serving public purposes, conveyance by a means of transportation or entrance to an event or institution by devious means, with the intent of not paying the price, shall be punished with imprisonment for not more than one year or a fine if the act is not punishable under other provisions with a more severe punishment.

(2) An attempt shall be punishable.

(3) Sections 247 and 248a shall apply accordingly.

Section 265b Credit Fraud

(1) Whoever, in connection with an application for the grant, continuance or modification of the terms of credit for a business or enterprise or for a fictitious business or enterprise:

1. as to financial circumstances: a) submits incorrect or incomplete documentation, in particular, calculations of balance, profit and losses, summaries of assets and liabilities or appraisal reports; or b) makes incorrect or incomplete written statements, to a business or enterprise, which are favorable to the credit applicant and relevant to the decision on such an application; or

2. does not inform a business or enterprise in the submission about such deterioration of the financial circumstances represented in the documentation or statements, which are relevant to the decision on such an application,

shall be punished with imprisonment for not more than three years or a fine.

(2) Whoever voluntarily prevents the extender of credit from providing the benefit applied for on the basis of the act shall not be punished pursuant to subsection (1). If the benefit is not provided due in no part to the contribution of the perpetrator, then he will be exempt from punishment if he voluntarily and earnestly makes efforts to prevent the provision of the benefit.

(3) Within the meaning of subsection (1):

1. businesses and enterprises shall be those which require by their nature and size, yet regardless of their objects, that their conduct of business be established on a commercial basis;

2. credits shall be money loans of all kinds, acceptance credits, the acquisition for consideration or deferment of monetary claims, the discounting of promissory notes and checks and the assumption of suretyships, guarantees and other warranties.

Section 266 Breach of Trust

(1) Whoever abuses the power accorded him by statute, by commission of a public authority or legal transaction to dispose of assets of another or to obligate another, or violates the duty to safeguard the property interests of another incumbent upon him by reason of statute, commission of a public authority, legal transaction or fiduciary relationship, and thereby causes detriment to the person, whose property interests he was responsible for, shall be punished with imprisonment for not more than five years or a fine.

(2) Sections 243 subsection (2), 247, 248a and 263 subsection (3), shall apply accordingly.

Section 266a Withholding and Embezzlement of Wages or Salaries

(1) Whoever, as an employer, withholds contributions of an employee to the social security system or to the Federal Labor Office, shall be punished with imprisonment for not more than five years or a fine.

(2) Whoever, as an employer, otherwise withholds parts of wages or salaries which he must pay to another on behalf of the employee, yet does not pay them to the other and fails to inform the employee about the failure to make the payment no later than the due date or promptly thereafter, shall be similarly punished. Sentence 1 shall not apply to the parts of the wage or salary which are withheld as income tax on wages and salaries.

(3) Whoever, as a member of a health insurance institution, withholds from the collecting agency contributions to the social security system or to the Federal Labor Office, which he received from his employer, shall be punished with imprisonment for not more than one year or a fine.

(4) The person who hires persons who work or conduct a business in their own homes or are in the same category within the meaning of the Law on Work in the Home, as well as the intermediate master, shall be equivalent to an employer.

(5) In cases under subsection (1) the court may dispense with punishment pursuant to this provision if the employer, no later than the due date or promptly thereafter:

1. informs the collecting agency in writing of the amount of the withheld contributions; and

2. explains why payment on time is not possible although he has made earnest efforts to do so. If the prerequisites of sentence 1 exist and the contributions are subsequently paid within the appropriate period determined by the collecting agency, the perpetrator shall to that extent not be punished. In cases under subsection (3), sentences 1 and 2 shall apply correspondingly.

Section 266b Misuse of Check and Credit Cards

(1) Whoever abuses the possibility accorded him through delivery of a check or credit card of obligating the issuer to make a payment and thereby harms him, shall be punished with imprisonment for not more than three years or a fine.

(2) Section 248a shall apply accordingly.

Chapter Twenty-three

Falsification of Documents

Section 267 Falsification of Documents

(1) Whoever, for the purpose of deception in legal relations, produces a counterfeit document, falsifies a genuine document or uses a counterfeit or a falsified document, shall be punished with imprisonment for not more than five years or a fine.

(2) An attempt shall be punishable.

(3) In especially serious cases the punishment shall be imprisonment from six months to ten years. An especially serious cases exists, as a rule, if the perpetrator:

1. acts professionally or as a member of a gang which has combined for the continued commission of fraud or falsification of documents;

2. causes an asset loss of great magnitude;

3. substantially endangers the security of legal relations through a large number of counterfeit or falsified documents; or

4. abuses his powers or his position as a public official.

(4) Whoever commits the falsification of documents professionally as a member of a gang which has combined for the continued commission of crimes under Sections 263 to 264 or 267 to 269, shall be punished with imprisonment from one year to ten years, in less serious cases with imprisonment from six months to five years.

Section 268 Falsification of Technical Recordings

(1) Whoever, for purposes of deception in legal relations:

1. produces a counterfeit technical recording or falsifies a technical recording; or

2. uses a counterfeit or falsified technical recording,

shall be punished with imprisonment for not more than five years or a fine.

(2) A technical recording shall be a representation of data, measurements or calculations, conditions or sequences of events, which, in whole or in part, is produced automatically by a technical device, allows the object of the recording to be recognized either generally or by insiders and is intended as proof of a legally relevant fact, regardless of whether this was already the purpose of the representation when it was produced or only later became so.

(3) It shall be the equivalent of the production of a counterfeit technical recording if the perpetrator influences the result of the recording by interfering with the recording operation.

(4) An attempt shall be punishable.

(5) Section 267 subsections (3) and (4), shall apply accordingly.

Section 269 Falsification of Legally Relevant Data

(1) Whoever, for purposes of deception in legal relations, stores or modifies legally relevant data in such a way that a counterfeit or falsified document would exist upon its retrieval, or uses data stored or modified in such a manner, shall be punished with imprisonment for not more than five years or a fine.

(2) An attempt shall be punishable.

(3) Section 267 subsections (3) and (4), shall apply accordingly.

Section 270 Deception in Legal Relations through Data Processing

Falsely influencing data processing in legal relations shall be the equivalent of deception in legal relations.

Section 271 Constructive False Certification

(1) Whoever causes declarations, hearings or facts, which are of relevance for rights or legal relationships, to be recorded or stored in public documents, books, data storage media or registers as if they had been made or had occurred, when they either were never made or never occurred at all, or, if so, then in another manner or by a person in an improper capacity or by different person, shall be punished with imprisonment for not more than three years or a fine.

(2) Whoever, for purposes of deception in legal relations, uses a false certification or stored data of the type indicated in subsection (1), shall be similarly punished.

(3) If the perpetrator acts for compensation, or with the intent of enriching himself or a third person or of harming another person, then the punishment shall be imprisonment from three months to five years.

(4) An attempt shall be punishable.

Section 272 (repealed)

Section 273 Modification of Official Identification Documents

(1) Whoever, for purposes of deception in legal relations:

1. removes, renders unrecognizable, covers up or suppresses an entry in an official identification document or removes a single page from an official identification document; or

2. uses an official identification document altered in such a way,

shall be punished with imprisonment for not more than three years or a fine if the act is not punishable under Sections 267 or 274.

(2) An attempt shall be punishable.

Section 274 Suppression of Documents; Alteration of a Boundary Marker

(1) Whoever:

1. destroys, damages or suppresses a document or a technical recording which does not belong to him at all or not exclusively, with the intent of causing detriment to another;

2. deletes, suppresses, renders unusable or alters legally relevant data (Section 202a subsection (2)), which is either not, or not exclusively at his disposal, with the intent of causing detriment to another; or

3. takes away, destroys, renders unrecognizable, moves or falsely places a boundary stone or another sign intended as a designation of a boundary or water level, with the intent of causing detriment to another,

shall be punished with imprisonment for not more than five years or a fine.

(2) An attempt shall be punishable.

Section 275 Preparation for Counterfeiting of Official Identification Documents

(1) Whoever prepares a counterfeiting of official identification documents by producing, procuring for himself or another, offering for sale, storing, giving to another, or undertaking to import or export:

1. plates, frames, type, blocks, negatives, stencils or similar equipment which by its nature is suited to the commission of the act; or

2. paper, which is identical or confusingly similar to the type of paper which is designated for the production of official identification documents and specially protected against imitation; or

3. blank forms for official identification documents,

shall be punished with imprisonment for not more than two years or a fine.

(2) If the perpetrator acts professionally or as a member of a gang which has combined for the continued commission of crimes under subsection (1), then the punishment shall be imprisonment from three months to five years.

(3) Section 149 subsections (2) and (3), shall apply accordingly.

Section 276 Procuring False Official Identification Documents

(1) Whoever:

1. undertakes to import or export; or,

2. with the intent of using it to make deception in legal relations possible, procures for himself or another, stores or gives to another

a counterfeit or falsified official identification document or an official identification document which contains a false certification of the type indicated in Sections 271 and 348, shall be punished with imprisonment for not more than two years or a fine.

(2) If the perpetrator acts professionally or as a member of a gang, which has combined for the continued commission of crimes under subsection (1), then the punishment shall be imprisonment from three months to five years.

Section 276a Residence Status Documents; Vehicle Documents

Sections 275 and 276 shall also apply for residence status documents, in particular residence permits and documents certifying a temporary stay of deportation, as well as vehicle documents, in particular vehicle registration and vehicle ownership certificates.

Section 277 Falsification of Health Certificates

Whoever, using the designation of physician or another qualified person in the field of medicine to which he is not entitled or illegitimately using the name of such persons, issues a certificate relating to his own state of health or that of another, or falsifies a genuine certificate of the same type, and makes use of it in order to deceive public authorities or insurance companies, shall be punished with imprisonment for not more than one year or a fine.

Section 278 Issuing Incorrect Health Certificates

Physicians and other qualified persons in the field of medicine who, against their better judgment, issue an incorrect certificate relating to the state of health of a human being for use by a public authority or insurance company, shall be punished with imprisonment for not more than two years or a fine.

Section 279 Use of Incorrect Health Certificates

Whoever, in order to deceive a public authority or an insurance company about his own state of health or that of another, makes use of a certificate of the type indicated in Sections 277 and 278, shall be punished with imprisonment for not more than one year or a fine.

Section 280 (repealed)

Section 281 Misuse of Identification Papers

(1) Whoever, for the purpose of deception in legal relations, uses an identification paper which was issued to another, or whoever, for the purpose of deception in legal relations, gives another an identification paper that was not issued to that person, shall be punished with imprisonment for not more than one year or a fine. An attempt shall be punishable.

(2) Certificates and other documents which are used as identification documents in transactions shall be equivalent to an identification paper.

Section 282 Property Fine, Extended Forfeiture and Confiscation

(1) In cases under Sections 267 to 269, 275 and 276, Sections43a and 73d shall be applicable if the perpetrator acts as a member of a gang which has combined for the continued commission of such acts. Section 73d shall also be applicable if the perpetrator acts professionally.

(2) Objects, to which a crime under Sections 267, 268, 271 subsections (2) and (3), 273 or 276, the latter also in conjunction with Section 276a, or under Section 269, relate, may be confiscated. In cases under Section 275, also in conjunction with Section276a, the means of falsification indicated therein shall be confiscated.

Chapter Twenty-four

Crimes of Insolvency

Section 283 Bankruptcy

(1) Whoever, due to excessive indebtedness or current or impending insolvency:

1. gets rid of or hides, or, in a manner contrary to regular business standards, destroys, damages or renders unusable parts of his assets, which in the case of institution of insolvency proceedings would belong to the bankrupt’s estate;

2. in a manner contrary to regular business standards, enters into losing or speculative ventures or futures trading in goods or securities or consumes excessive sums or becomes indebted through uneconomical expenditures, gambling or wagering;

3. procures goods or securities on credit and alienates or otherwise distributes them or things produced from these goods substantially under their value in a manner contrary to regular business standards;

4. feigns the existence of another’s rights or recognizes fabricated rights;

5. fails to keep books of account, which he is statutorily obligated to keep, or keeps or modifies them such that a survey of his net assets is made more difficult;

6. gets rid of, hides, destroys or damages books of account or other documentation, which a merchant is obligated by commercial law to keep, before expiry of the retention periods which exist for those obligated to keep books, and thereby makes a survey of his net assets more difficult;

7. contrary to commercial law:

a) draws up balance sheets such that a survey of his net assets is made more difficult; or

b) fails to draw up a balance sheet on his assets or the inventory in the prescribed time; or

8. in another manner which is grossly contrary to regular business standards diminishes his net assets or hides or conceals his actual business relationships,

shall be punished with imprisonment for not more than five years or a fine.

(2) Whoever causes his excessive indebtedness or insolvency by one of the acts indicated in subsection (1) shall be similarly punished.

(3) An attempt shall be punishable.

(4) Whoever, in cases:

1. under subsection (1) negligently fails to be aware of the excessive indebtedness or the impending or current insolvency; or

2. under subsection (2) recklessly causes the excessive indebtedness or insolvency,

shall be punished with imprisonment for not more than two years or a fine.

(5) Whoever, in cases:

1. under subsection (2), numbers 2, 5 or 7 acts negligently and at least negligently fails to be aware of the excessive indebtedness or the impending or current insolvency; or

2. under subsection (2) in conjunction with subsection (1), numbers 2, 5 or 7, acts negligently and at least recklessly causes the excessive indebtedness or insolvency,

shall be punished with imprisonment for not more than two years or a fine.

(6) The act shall only be punishable if the perpetrator suspended payments or if insolvency proceedings have been instituted in relation to his assets or the application to institute proceedings has been rejected due to lack of an estate.

Section 283a Especially Serious Case of Bankruptcy

In especially serious cases under Section 283 subsections (1) to (3), bankruptcy shall be punished with imprisonment from six months to ten years. An especially serious case exists, as a rule, if the perpetrator:

1. acts for profit; or

2. knowingly places many persons in danger of loss of assets that have been entrusted to him or in financial need.

Section 283b Violation of the Duty to Keep Books

(1) Whoever:

1. fails to keep books of account, which he is statutorily obligated to keep, or keeps or alters them such that a survey of his net assets is made more difficult;

2. gets rid of, hides, destroys or damages books of account or other documentation, which he is obligated by commercial law to keep, before expiry of the statutory retention periods and thereby makes a survey of his net assets more difficult;

3. contrary to commercial law: a) draws up balance sheets such that a survey of his net assets is made more difficult; or b) fails to draw up a balance sheet on his assets or the inventory in the prescribed time,

shall be punished with imprisonment for not more than two years or a fine.

(2) Whoever acts negligently in cases under subsection (1), numbers 1 or 3, shall be punished with imprisonment for not more than one year or a fine.

(3) Section 283 subsection (6), shall apply accordingly.

Section 283c Preferential Treatment for a Creditor

(1) Whoever, with knowledge of his own insolvency, grants a creditor a security or satisfaction, to which he is not entitled, either at all or in such manner or at such time, and thereby intentionally or knowingly gives him preferential treatment over the other creditors, shall be punished with imprisonment for not more than two years or a fine.

(2) An attempt shall be punishable.

(3) Section 283 subsection (6), shall apply accordingly.

Section 283d Preferential Treatment for a Debtor

(1) Whoever:

1. with knowledge of the impending insolvency of another; or

2. after the suspension of payments, in an insolvency proceeding or in a proceeding to reach a decision as to whether to institute insolvency proceedings of another,

gets rid of or hides, or, in a manner contrary to regular financial standards destroys, damages or renders unusable parts of the assets of another with his consent or on his behalf, which in the case of institution of insolvency proceedings would belong to the bankrupt’s estate, shall be punished with imprisonment for not more than five years or a fine.

(2) An attempt shall be punishable.

(3) In especially serious cases the punishment shall be imprisonment from six months to ten years. An especially serious case exists, as a rule, if the perpetrator:

1. acts for profit; or

2. knowingly places many persons in danger of loss of assets that they have entrusted to the other person or in financial need.

(4) The act shall only be punishable if the other person suspended his payments or if insolvency proceedings have been instituted in relation to his assets or the application to institute proceedings has been rejected due to lack of an estate.

Chapter Twenty-five

Punishable Greed

Section 284 Unauthorized Organization of a Game of Chance

(1) Whoever, without the permission of a public authority, publicly organizes or runs a game of chance or makes the equipment therefor available, shall be punished with imprisonment for not more than two years or a fine.

(2) Games of chance in clubs or private parties in which games of chance are regularly organized shall qualify as publicly organized.

(3) Whoever, in cases under subsection (1), acts:

1. professionally; or

2. as a member of a gang which has combined for the continued commission of such acts,

shall be punished with imprisonment from three months to five years.

(4) Whoever recruits for a public game of chance (subsections (1) and (2)), shall be punished with imprisonment for not more than one year or a fine.

Section 285 Participation in an Unauthorized Game of Chance

Whoever participates in a public game of chance (Section 284) shall be punished with imprisonment for not more than six months or a fine of not more than one hundred eighty daily rates.

Section 286 Property Fine, Extended Forfeiture and Confiscation

(1) In cases under Section 284 subsection (3), no. 2, Sections 43a,73d shall be applicable. Section 73d shall also be applicable in cases under Section 284 subsection (3), no. 1.

(2) In cases under Sections 284 and 285 the gambling equipment and the money found on the gaming table or in the bank shall be confiscated if they belong to the perpetrator or inciter or accessory at the time of the decision. In other cases the objects may be confiscated; Section 74a shall be applicable.

Section 287 Unauthorized Organization of a Lottery or Raffle

(1) Whoever, without permission of a public authority, organizes public lotteries or raffles of moveable or immovable property, in particular, offers to conclude gambling contracts for a public lottery or raffle or accepts offers directed toward the conclusion of such gambling contracts, shall be punished with imprisonment for not more than two years or a fine.

(2) Whoever recruits for public lotteries or raffles (subsection (1)), shall be punished with imprisonment for not more than one year or a fine.

Section 288 Obstruction of the Execution of Judgment

(1) Whoever, at the time of an impending execution of judgment and with the intent of obstructing satisfaction of the creditor, alienates or gets rid of parts of his assets, shall be punished with imprisonment for not more than two years or a fine.

(2) The act shall be prosecuted only upon complaint.

Section 289 Recovery of the Pledge

(1) Whoever, with unlawful intent, takes away his own moveable property, or the moveable property of another for the benefit of the owner, from the usufructuary, pledgee, or other person who has a right to use or to retain the property, shall be punished with imprisonment for not more than three years or a fine.

(2) An attempt shall be punishable.

(3) The act shall only be prosecuted upon complaint.

Section 290 Unauthorized Use of Pledged Property

Public pawnbrokers, who make unauthorized use of the objects which they have taken as a pledge, shall be punished with imprisonment for not more than one year or a fine.

Section 291 Usury

(1) Whoever exploits the predicament, lack of experience, lack of judgment or substantial weakness of will of another, by allowing material benefits to be promised or granted himself or a third person:

1. for the rental of living space or additional services connected therewith;

2. for the granting of credit;

3. for any other benefit; or

4. for the procurement of one of the previously indicated benefits,

which are in striking disproportion to the benefit or its procurement, shall be punished with imprisonment for not more than three years or a fine. If more than one person contribute as providers of benefits, procurers or in other ways, and if the result is thereby a striking disproportion between all of the material benefits and all the quid pro quo, then sentence 1 shall apply to everyone who exploits the predicament or other weakness of the other for himself or a third person in order to attain excessive material benefits.

(2) In especially serious cases the punishment shall be imprisonment from six months to ten years. An especially serious case exists, as a rule, if the perpetrator:

1. by the act places the other in financial need;

2. commits the act professionally;

3. through promissory notes allows himself to be promised usurious material benefits.

Section 292 Game Poaching

(1) Whoever, in violation of another’s hunting rights or rights granted by a hunting license:

1. hunts for, traps, shoots or appropriates game for himself or a third person; or

2. appropriates for himself or a third person, damages or destroys property which is subject to the hunting laws,

shall be punished with imprisonment for not more than three years or a fine.

(2) In especially serious cases the punishment shall be imprisonment from three months to five years. An especially serious case exists, as a rule, if the act is committed:

1. professionally or regularly;

2. in the nighttime, in closed season, by the use of snares or in any manner that is not customary amongst huntsmen; or

3. jointly by more than one participant armed with firearms.

Section 293 Fish Poaching

Whoever, in violation of another’s fishing rights or rights granted by a fishing license:

1. fishes; or

2. appropriates for himself or a third person, damages or destroys property which is subject to the fishing laws,

shall be punished by imprisonment for not more than two years or a fine.

Section 294 Application for Criminal Prosecution

In cases under Sections 292 subsection (1), and 293 the act shall only be prosecuted upon complaint of the aggrieved party if it was committed by a relative or at a place where the perpetrator was permitted to engage in hunting or fishing to a limited extent.

Section 295 Confiscation

Hunting and fishing equipment, dogs and other animals that the perpetrator or inciter or accessory had with them or used during the act, may be confiscated. Section 74a shall be applicable.

Section 296 (repealed)

Section 297 Endangering Ships, Motor Vehicles or Aircraft with Banned Goods

(1) Whoever, without the knowledge of the owner or the captain of the ship or as captain without the knowledge of the owner, brings or takes property on board of a German ship, the transport of which causes:

1. the danger of seizure or confiscation of the ship or its cargo; or

2. the danger of punishment for the owner or the captain of the ship,

shall be punished with imprisonment for not more than two years or a fine.

(2) Whoever as owner of a ship, without the knowledge of the ship’s captain, brings or takes property on board a German ship, the transport of which causes the danger of punishment for the captain, shall be similarly punished.

(3) Subsection (1), number 1, shall also apply to foreign ships which have taken their cargo in whole or in part in Germany.

(4) Subsections (1) to (3) shall be correspondingly applicable, if property is brought or taken into motor vehicles or aircraft. The registered user and the driver of the motor vehicle or the aircraft shall take the place of the owner and the captain of the ship.

Chapter Twenty-six

Crimes Against Competition

Section 298 Agreements in Restriction of Competition upon Invitations to Tender

(1) Whoever, upon an invitation to tender in relation to goods or commercial services, makes an offer based on an unlawful agreement which has as its aim to cause the organizer to accept a particular offer, shall be punished with imprisonment for not more than five years or a fine.

(2) The private awarding of a contract after previous participation in a competition shall be the equivalent of an invitation to tender within the meaning of subsection (1).

(3) Whoever voluntarily prevents the organizer from accepting the offer or from providing his service, shall not be punished under subsection (1), also in conjunction with subsection (2). If the offer is not accepted or the service of the organizer not provided due in no part to the contribution of the perpetrator, then he will be exempt from punishment if he voluntarily and earnestly makes efforts to prevent the acceptance of the offer or the providing of the service.

Section 299 Taking and Offering a Bribe in Business Transactions

(1) Whoever, as an employee or agent of a business, demands, allows himself to be promised, or accepts a benefit for himself or another in a business transaction as consideration for giving a preference in an unfair manner to another in the competitive purchase of goods or commercial services, shall be punished by imprisonment for not more than three years or a fine.

(2) Whoever, for competitive purposes, offers, promises or grants an employee or agent of a business a benefit for himself or for a third person in a business transaction as consideration, for his giving him or another a preference in an unfair manner in the purchase of goods or commercial services, shall be similarly punished.

Section 300 Especially Serious Cases of Taking and Offering a Bribe in Business Transactions

In especially serious cases an act under Section 299 shall be punished with imprisonment from three months to five years. An especially serious case exists, as a rule, if:

1. the act relates to a benefit of great magnitude; or

2. the perpetrator acted professionally or as a member of a gang which has combined for the continued commission of such acts.

Section 301 Application for Criminal Prosecution

(1) Taking and offering a bribe in business transactions under Section 299 shall only be prosecuted upon complaint, unless the prosecuting authority considers ex officio that it is required to enter the case because of the special public interest therein.

(2) The right to file the complaint under subsection (1) belongs, in addition to the aggrieved party, to all of the business persons, associations and chambers indicated in Section 13 subsection (2), nos. 1, 2, and 4, of the Law Against Unfair Competition.

Section 302 Property Fine and Extended Forfeiture

(1) In cases under Section 299 subsection (1), Section 73d shall be applicable if the perpetrator acted professionally or as a member of a gang which has combined for the continued commission of such acts.

(2) In cases under Section 299 subsection (2), Sections 43a,73d shall be applicable, if the perpetrator acted as a member of a gang which has combined for the continued commission of such acts. Section 73d shall also be applicable if the perpetrator acted professionally.

Chapter Twenty-seven

Damaging Property

Section 303 Damaging Property

(1) Whoever unlawfully damages or destroys the property of another shall be punished with imprisonment for not more than two years or a fine.

(2) An attempt shall be punishable.

Section 303a Alteration of Data

(1) Whoever unlawfully deletes, suppresses, renders unusable or alters data (Section 202a subsection (2)), shall be punished with imprisonment for not more than two years or a fine.

(2) An attempt shall be punishable.

Section 303b Computer Sabotage

(1) Whoever interferes with data processing which is of substantial significance to the business or enterprise of another or a public authority by:

1. committing an act under Section303a subsection (1); or

2. destroying, damaging, rendering unusable, removing or altering a data processing system or a data carrier,

shall be punished with imprisonment for not more than five years or a fine.

(2) An attempt shall be punishable.

Section 303c Application for Criminal Prosecution

In cases under Sections 303 to 303b the act shall only be prosecuted upon complaint, unless the prosecuting authority considers ex officio that it is required to enter the case because of the special public interest therein.

Section 304 Damaging Property Which Is Harmful to the Public

(1) Whoever unlawfully damages or destroys objects of veneration of a religious society existing in the state or property dedicated to religious service, or tombstones, public monuments, natural monuments, objects of art, science or craft which are kept in public collections or publicly exhibited, or objects which serve a public need or beautify public ways, squares or parks, shall be punished with imprisonment for not more than three years or a fine.

(2) An attempt shall be punishable.

Section 305 Destruction of Structures

(1) Whoever unlawfully destroys, in whole or in part, a building, ship, bridge, dam, a constructed road, a railroad or another structure, which is the property of another, shall be punished with imprisonment for not more than five years or a fine.

(2) An attempt shall be punishable.

Section 305a Destruction of Important Means of Work

(1) Whoever unlawfully destroys, in whole or in part:

1. a technical means of work of another of significant value, which is of substantial significance for the construction of a facility or an enterprise within the meaning of Section 316b subsection (1), nos. 1 or 2, or which serves the operation or the waste disposal of such facility or enterprise; or

2. a motor vehicle of the police or the Federal Armed Forces,

shall be punished with imprisonment for not more than five years or a fine.

(2) An attempt shall be punishable.

Chapter Twenty-eight

Crimes Dangerous to The Public

Section 306 Arson

(1) Whoever sets fire to or, as a result of setting a fire, destroys in whole or in part:

1. buildings or huts;

2. plants or technical equipment, in particular machines;

3. warehouses or stocked goods;

4. motor vehicles, rail vehicles, aircraft or watercraft;

5. forests, heaths or moors;

6. agricultural, nutritional or forestry facilities or products,

shall be punished with imprisonment from one year to ten years.

(2) In less serious cases the punishment shall be imprisonment from six months to five years.

Section 306a Serious Arson

(1) Whoever sets fire to, or, as a result of setting a fire, or destroys, in whole or in part:

1. a building, ship, hut or other premises which serves as a dwelling of human beings;

2. a church or another building which serves for the practice of religion;

3. a premises which serves temporarily as a residence for human beings at a time in which human beings usually reside there,

shall be punished with imprisonment for not less than one year.

(2) Whoever sets fire to a thing indicated in Section 306 subsection (1), nos. 1 to 6, or destroys it in whole or in part as a result of setting a fire and thereby places another human being in danger of health damage shall be similarly punished.

(3) In less serious cases under subsections (1) and (2) the punishment shall be imprisonment from six months to five years.

Section 306b Especially Serious Arson

(1) Whoever, as a result of an arson under Sections 306 or 306a, causes serious health damage to another human being or health damage to a large number of human beings, shall be punished with imprisonment for not less than two years.

(2) Imprisonment for not less than five years shall be imposed, if the perpetrator, in cases under Section 306a:

1. by the act places another human being in danger of death;

2. acts with the intent of making possible or covering up another crime; or

3. prevents or makes more difficult the extinguishing of the fire.

Section 306c Arson Resulting in Death

If the perpetrator, as a result of an arson under Sections 306 to306b, at least recklessly causes the death of another human being, then the punishment shall be imprisonment for life or for not less than ten years.

Section 306d Negligent Arson

(1) Whoever acts negligently in cases under Sections 306 subsection (1), or 306a subsection (1), or negligently causes the danger in cases under Section 306a subsection (2), shall be punished with imprisonment for not more than five years.

(2) Whoever acts negligently in cases under Section 306a subsection (2), and negligently causes the danger, shall be punished with imprisonment for not more than three years or a fine.

Section 306e Active Remorse

(1) The court in its discretion may mitigate the punishment (Section 49 subsection (2)) in cases under Sections 306, 306a and 306b, or dispense with punishment pursuant to these provisions if the perpetrator voluntarily extinguishes the fire before substantial damage results.

(2) Whoever voluntarily extinguishes the fire before substantial damage results shall not be punished under Section 306d.

(3) If the fire is extinguished due in no part to the contribution of the perpetrator before substantial damage results, then it suffices if he voluntarily and earnestly makes efforts to attain this goal.

Section 306f Causing a Danger of Fire

(1) Whoever, by smoking, by an open fire or light, by throwing away burning or smouldering objects or otherwise causes a danger that:

1. inflammable businesses or facilities;

2. agricultural or nutritional facilities and businesses in which their products are located;

3. forests, heaths or moors; or

4. cultivated fields or easily flammable agricultural products stored in fields,

will catch fire, shall be punished with imprisonment for not more than three years or a fine.

(2) Whoever causes a danger that property indicated in subsection (1), numbers 1 to 4 will catch fire and thereby endangers the life or limb of another human being or property of another of significant value, shall be similarly punished.

(3) Whoever acts negligently in cases under subsection (1) or causes the danger negligently in cases under subsection (2) shall be punished with imprisonment for not more than one year or a fine.

Section 307 Causing an Explosion by Nuclear Power

(1) Whoever undertakes to cause an explosion by the release of nuclear energy and thereby endangers the life or limb of another human being or property of another of significant value, shall be punished with imprisonment for not less than five years.

(2) Whoever causes an explosion by the release of nuclear energy and thereby negligently endangers the life or limb of another human being or property of another of significant value, shall be punished with imprisonment from one year to ten years.

(3) If by the act the perpetrator at least recklessly causes the death of another human being, then the punishment shall be:

1. in cases under subsection (1), imprisonment for life or for not less than ten years;

2. in cases under subsection (2), imprisonment for not less than five years.

(4) Whoever acts negligently in cases under subsection (2) and negligently causes the danger, shall be punished with imprisonment for not more than three years or a fine.

Section 308 Causing an Explosion by Use of Explosives

(1) Whoever causes an explosion other than by the release of nuclear energy, in particular by use of explosives, and thereby endangers the life or limb of another human being or property of another of significant value, shall be punished with imprisonment for not less than one year.

(2) If by the act the perpetrator causes serious health damage to another human being or health damage to a large number of human beings, then punishment of not less than two years shall be imposed.

(3) If by the act the perpetrator at least recklessly causes the death of another human being, then the punishment shall be imprisonment for life or for not less than ten years.

(4) In less serious cases under subsection (1), imprisonment from six months to five years shall be imposed, in less serious cases under subsection (2), imprisonment from one year to ten years.

(5) Whoever negligently causes the danger in cases under subsection (1) shall be punished with imprisonment for not more than five years or a fine.

(6) Whoever acts negligently in cases under subsection (1) and negligently causes the danger, shall be punished with imprisonment for not more than three years or a fine.

Section 309 Misuse of Ionizing Radiation

(1) Whoever, with the intent of harming the health of another human being, undertakes to expose him to ionizing radiation which is capable of harming his health, shall be punished with imprisonment from one year to ten years.

(2) If the perpetrator undertakes to expose a vast number of human beings to such radiation, then the punishment shall be imprisonment for not less than five years.

(3) If by the act the perpetrator causes serious health damage to another human being in cases under subsection (1) or health damage to a large number of human beings, then imprisonment for not less than two years shall be imposed.

(4) If by the act the perpetrator at least recklessly causes the death of another human being, then the punishment shall be imprisonment for life or for not less than ten years.

(5) In less serious cases under subsection (1), imprisonment from six months to five years shall be imposed, in less serious cases under subsection (3), imprisonment from one year to ten years.

(6) Whoever, with the intent of impairing the usefulness of property of another of significant value, exposes it to ionizing radiation which is capable of impairing the usefulness of the property, shall be punished with imprisonment for not more than five years or a fine. An attempt shall be punishable.

Section 310 Preparation of a Serious Criminal Offense involving an Explosion or Radiation

(1) Whoever, in preparation of:

1. a particular undertaking within the meaning of Sections 307 subsection (1), or 309 subsection (2); or

2. a crime under Section 308 subsection (1), which is to be committed with explosives, produces, procures for himself or another, stores or gives to another nuclear fuel, other radioactive materials, explosives or the equipment required for the execution of the act, shall in cases under number 1 be punished with imprisonment from one year to ten years, in cases under number 2 with imprisonment from six months to five years.

(2) In less serious cases under subsection (1), number 1, the punishment shall be imprisonment from six months to five years.

Section 311 Release of Ionizing Radiation

(1) Whoever, in violation of duties under administrative law (Section 330d, nos. 4,5):

1. releases ionizing radiation; or

2. produces incidents of nuclear fission,

which are capable of harming the life or limb of another human being or property of another of significant value, shall be punished with imprisonment for not more than five years or a fine.

(2) An attempt shall be punishable.

(3) Whoever negligently:

1. in operating a facility, especially a plant, commits an act within the meaning of subsection (1) in a manner which is capable of causing damage outside of the area belonging to the facility; or

2. in other cases under subsection (1) acts in gross violation of duties under administrative law,

shall be punished with imprisonment for not more than two years or a fine.

Section 312 Defective Construction of a Nuclear Facility

(1) Whoever defectively constructs or delivers a nuclear facility (Section 330d, no. 2) or objects which are intended for the construction or operation of such a facility, and thereby causes a danger for the life or limb of another human being or for property of another of significant value which is connected with the effects of an incident of nuclear fission or radiation from radioactive materials, shall be punished with imprisonment from three months to five years.

(2) An attempt shall be punishable.

(3) If by the act the perpetrator causes serious health damage to another human being or health damage to a large number of human beings, then punishment from one year to ten years shall be imposed.

(4) If by the act the perpetrator causes the death of another human being, then the punishment shall be imprisonment for not less than three years (5) In less serious cases under subsection (3), imprisonment from six months to five years shall be imposed, in less serious cases under subsection (4), imprisonment from one year to ten years.

(6) Whoever, in cases under subsection (1):

1. negligently causes the danger; or

2. acts recklessly and negligently causes the danger,

shall be punished with imprisonment for not more than three years or a fine.

Section 313 Causing a Flood

(1) Whoever causes a flood and thereby endangers the life or limb of another human being or property of another of significant value, shall be punished with imprisonment from one year to ten years.

(2) Section 308 subsections (2) to (6), shall apply accordingly.

Section 314 Poisoning Dangerous to the Public

(1) Whoever poisons, or mixes materials which are dangerous to health into:

1. water in contained springs, wells, pipes or drinking water storage facilities; or

2. objects which are intended for public sale or use,

or sells, offers for sale or otherwise brings into circulation poisoned objects or those mixed with materials dangerous to health within the meaning of number 2, shall be punished with imprisonment from one year to ten years.

(2) Section 308 subsections (2) to (4), shall apply accordingly.

Section 314a Active Remorse

(1) The court in its discretion may mitigate the punishment (Section 49 subsection (2)) in cases under Sections 307 subsection (2), and 309 subsection (2), if the perpetrator voluntarily renounces the further execution of the act or otherwise averts the danger.

(2) The court in its discretion may mitigate the punishment (Section 49 subsection (2)) provided in the following provisions or dispense with punishment pursuant to these provisions, if the perpetrator:

1. in cases under Sections 309 subsection (1), or 314 subsection (1), voluntarily renounces the further execution of the act or otherwise averts the danger; or

2. in cases under: a) Section 307 subsection (2); b) Section 308 subsections (1) and (5); c) Section 309 subsection (6); d) Section 311 subsection (1); e) Section 312 subsections (1) and (6), no. 1; f) Section 313, also in conjunction with Section 308 subsection (5), voluntarily averts the danger before substantial damage results.

(3) Whoever:

1. in cases under: a) Section 307 subsection (4); b) Section 308 subsection (6); c) Section 311 subsection (3); d) Section 312 subsection (6), no. 2; e) Section 313 subsection (2), in conjunction with Section 308 subsection (6), voluntarily averts the danger before substantial damage results; or

2. in cases under Section310 voluntarily renounces the further execution of the act or otherwise averts the danger, shall not be punished under the preceding provisions.

(4) If the danger is averted due in no part to the contribution of the perpetrator, then it suffices if he voluntarily and earnestly makes efforts to attain this goal.

Section 315 Dangerous Interference with Rail, Ship and Air Traffic

(1) Whoever interferes with the safety of rail, suspension rail, ship or air traffic by:

1. destroying, damaging or removing facilities or means of transport;

2. setting up obstacles;

3. giving false signs or signals; or

4. undertaking a similar act of intervention which is just as dangerous,

and thereby endangers the life or limb of another human being or property of another of significant value, shall be punished with imprisonment from six months to ten years.

(2) An attempt shall be punishable.

(3) Imprisonment for not less than one year shall be imposed, if the perpetrator:

1. acts with the intent of: a) causing an accident; b) making possible or covering up another crime; or

2. by the act causes serious health damage to another human being or health damage to a large number of human beings.

(4) In less serious cases under subsection (1) imprisonment from three months to five years shall be imposed, in less serious cases under subsection (3), imprisonment from six months to five years.

(5) Whoever negligently causes the danger in cases under subsection (1) shall be punished with imprisonment for not more than five years or a fine.

(6) Whoever acts negligently in cases under subsection (1) and negligently causes the danger, shall be punished with imprisonment for not more than two years or a fine.

Section 315a Endangering Rail, Ship and Air Traffic

(1) Whoever:

1. drives a rail or suspension vehicle, a ship or an aircraft, although, due to the consumption of alcoholic beverages or other intoxicants or due to mental or physical defects, he is not in a condition to drive the vehicle safely; or

2. as driver of such a vehicle or otherwise as a person responsible for safety, violates legal provisions relating to the safety of rail, suspension rail, ship or air traffic by conduct which is grossly in breach of his duties,

and thereby endangers the life or limb of another human being or property of another of significant value, shall be punished with imprisonment for not more than five years or a fine.

(2) In cases under subsection (1), number 1, an attempt shall be punishable. (3) Whoever, in cases under subsection (1):

1. negligently causes the danger; or

2. acts negligently and negligently causes the danger,

shall be punished with imprisonment for not more than two years or a fine.

Section 315b Dangerous Interference with Road Traffic

(1) Whoever interferes with the safety of road traffic by:

1. destroying, damaging or removing facilities or vehicles;

2. setting up obstacles; or

3. undertaking a similar act of interference which is just as dangerous,

and thereby endangers the life or limb of another human being or property of others of significant value, shall be punished with imprisonment for not more than five years or a fine.

(2) An attempt shall be punishable.

(3) If the perpetrator acts pursuant to the prerequisites of Section315 subsection (3), then the punishment shall be imprisonment from one year to ten years, in less serious cases, imprisonment from six months to five years.

(4) Whoever negligently causes the danger in cases under subsection (1) shall be punished with imprisonment for not more than three years or a fine.

(5) Whoever acts negligently in cases under subsection (1) and negligently causes the danger shall be punished with imprisonment for not more than two years or a fine.

Section 315c Endangering Road Traffic

(1) Whoever in road traffic:

1. drives a vehicle, although he: a) due to consumption of alcoholic beverages or other intoxicants; or b) due to mental or physical defects, is not in a condition to drive the vehicle safely; or

2. in gross violation of traffic regulations and recklessly:

a) does not observe the right-of-way;

b) improperly passes or drives improperly in the process of passing;

c) improperly drives over pedestrian crosswalks;

d) drives too fast in places with poor visibility, at road crossings or junctions or railroad crossings;

e) fails to keep to the right-hand side of the road at places with poor visibility;

f) turns, drives backwards or contrary to the direction of traffic, or attempts to do so, on a highway or motorway; or

g) fails to make vehicles which are stopped or have broken down recognizable for a sufficient distance, although it is required for traffic safety, and thereby endangers the life or limb of another human being or property of another of significant value,

shall be punished with imprisonment for not more than five years or a fine.

(2) In cases under subsection (1), number 1, an attempt shall be punishable.

(3) Whoever, in cases under subsection (1):

1. negligently causes the danger; or

2. acts negligently and negligently causes the danger, shall be punished with imprisonment for not more than two years or a fine.

Section 315d Rail Transport in Road Traffic

To the extent that rail transport participates in road traffic, only the provisions for protection of road traffic (Sections 315b and 315c) shall be applicable.

Section 316 Drunkenness in Traffic

(1) Whoever drives a vehicle in traffic (Sections 315 to 315d) although, due to consumption of alcoholic beverages or other intoxicants, he is not in a condition to drive the vehicle safely, shall be punished with imprisonment for not more than one year or a fine if the act is not punishable under Sections 315a or 315c.

(2) Whoever commits the act negligently shall also be punished under subsection (1).

Section 316a Robbery-Like Assault on the Driver of a Motor Vehicle

(1) Whoever, in the commission of a robbery (Sections 249 or 250), a robbery-like theft (Section 252) or a robbery-like extortion (Section 255), commits an assault against the life or limb or the freedom of decision of the driver of a motor vehicle or a passenger and thereby exploits the particular conditions of road traffic, shall be punished with imprisonment for not less than five years.

(2) In less serious cases the punishment shall be imprisonment from one year to ten years.

(3) If by the act the perpetrator at least recklessly causes the death of another human being, then the punishment shall be imprisonment for life or for not less than ten years.

Section 316b Interference with Public Operations

(1) Whoever prevents or interferes with the operation of:

1. enterprises or facilities which serve the public provision of postal services or public transportation;

2. a facility which serves the public provision of water, light, heat or power or an enterprise which satisfies the vital needs of the population; or

3. an installation or a facility serving public order and safety,

by destroying, damaging, removing, altering or rendering unusable a thing of use in its operation or taps electrical power intended for its operation, shall be punished with imprisonment for not more than five years or a fine.

(2) An attempt shall be punishable.

(3) In especially serious cases the punishment shall be imprisonment from six months to ten years. An especially serious cases exists, as a rule, if by the act the perpetrator interferes with the provision of vital goods for the population, in particular, with water, light, heat or power.

Section 316c Assaults on Air and Sea Traffic

(1) Whoever:

1. applies force to or assaults the freedom of decision of a person or engages in other machinations in order to thereby gain control of, or influence the navigation of:

a) an aircraft employed in civil air traffic which is in flight; or

b) a ship employed in civil sea traffic; or

2. uses firearms or undertakes to cause an explosion or a fire, in order to destroy or damage such an aircraft or ship or the cargo which exists on board thereof,

shall be punished with imprisonment for not less than five years. An aircraft which has already been boarded by members of the crew or air passengers or the loading of the cargo of which has already begun or which has not yet been deboarded regularly by members of the crew or air passengers or the unloading of the cargo of which has not been completed, shall be the equivalent of an aircraft in flight.

(2) In less serious cases the punishment shall be imprisonment from one year to ten years.

(3) If by the act the perpetrator at least recklessly causes the death of another human being, then the punishment shall be imprisonment for life or for not less than ten years.

(4) Whoever, in preparation of a crime under subsection (1), produces, procures for himself or another, stores or give to another firearms, explosives or other materials designed to cause an explosion or a fire, shall be punished with imprisonment from six months to five years.

Section 317 Interference with Telecommunications Facilities

(1) Whoever prevents or endangers the operation of a telecommunications facility which serves public purposes by destroying, damaging, removing, altering or rendering unusable a thing which serves in its operation, or taps electrical power intended for its operation, shall be punished with imprisonment for not more than five years or a fine.

(2) An attempt shall be punishable.

(3) Whoever commits the act negligently shall be punished with imprisonment for not more than one year or a fine.

Section 318 Damaging Important Facilities

(1) Whoever damages or destroys water pipes, sluices, weirs, dikes, dams or other water works, or bridges, ferries, roads or bulwarks or equipment used in mining operations for water control, ventilation or for driving employees in and out, and thereby endangers the life or limb of another human being, shall be punished with imprisonment from three months to five years.

(2) An attempt shall be punishable.

(3) If by the act the perpetrator causes serious health damage to another human being or health damage to a large number of human beings, then imprisonment from one year to ten years shall be imposed.

(4) If by the act the perpetrator causes the death of another human being, then the punishment shall be imprisonment for not less than three years.

(5) In less serious cases under subsection (3), imprisonment from six months to five years shall be imposed, in less serious cases under subsection (4), imprisonment from one year to ten years.

(6) Whoever, in cases under subsection (1):

1. negligently causes the danger; or

2. acts negligently and negligently causes the danger,

shall be punished with imprisonment for not more than three years or a fine.

Section 319 Endangerment in Construction

(1) Whoever, in the planning, management or execution of a construction or the demolition of a structure, violates generally accepted engineering standards, and thereby endangers the life or limb of another human being, shall be punished with imprisonment for not more than five years or a fine.

(2) Whoever, in engaging in a profession or trade, violates generally accepted engineering standards in the planning, management or execution of a project to install technical fixtures in a structure or to modify installed fixtures of this nature, and thereby endangers the life or limb of another human being, shall be similarly punished.

(3) Whoever causes the danger negligently, shall be punished with imprisonment for not more than three years or a fine.

(4) Whoever in cases under subsections (1) and (2) acts negligently and causes the danger negligently, shall be punished with imprisonment for not more than two years or a fine.

Section 320 Active Remorse

(1) The court in its discretion may mitigate the punishment (Section 49 subsection (2)) in cases under Section 316c subsection (1), if the perpetrator voluntarily renounces the further execution of the act or otherwise averts the result.

(2) The court in its discretion may mitigate the punishment (Section 49 subsection (2)) provided in the following provisions or dispense with punishment under these provisions, if the perpetrator in cases under:

1. Section 315 subsections (1), 3, no. 1, or 5;

2. Section 315b subsections (1), 3, or 4 subsection (3) in conjunction with 315 subsection (3), no. 1;

3. Section 318 subsections (1) or 6, no. 1;

4. Section 319 subsections (1) to (3), voluntarily averts the danger before substantial damage results.

(3) Whoever:

1. in cases under: a) Section 315 subsection (6); b) Section 315b subsection (5); c) Section 318 subsection (6), no. 2; d) Section 319 subsection (4), voluntarily averts the danger before substantial damage results; or

2. in cases under Section 316c subsection (4), voluntarily renounces the further execution of the act or otherwise averts the danger, shall not be punished under the preceding provisions.

(4) If the danger or the result is averted due in no part to the contribution of the perpetrator before substantial damage results, then it suffices if he voluntarily and earnestly makes efforts to attain this goal.

Section 321 Supervision of Conduct

In cases under Sections 306 to 306c, 307 subsections (1) to (3), 308 subsections (1) to (3), 309 subsections (1) to (4), 310 subsection (1), and 316c subsection (1), no. 2, the court may order supervision of conduct (Section 68 subsection (1)).

Section 322 Confiscation

If a crime under Sections 306 to 306c, 307 to 314, or 316c has been committed, then:

1. objects that were generated by the act or used or intended for use in its commission or preparation; and

2. objects, to which a crime under Sections 310 to 312, 314 or 316c relates, may be confiscated.

Section 323 (repealed)

Section 323a Total Intoxication

(1) Whoever intentionally or negligently get intoxicated with alcoholic beverages or other intoxicants, shall be punished with imprisonment for not more than five years or a fine, if he commits an unlawful act while in this condition and may not be punished because of it because he lacked the capacity to be adjudged guilty due to the intoxication, or this cannot be excluded.

(2) The punishment may not be more severe than the punishment provided for the act which was committed while intoxicated.

(3) The act shall only be prosecuted upon complaint, with authorization or upon request for prosecution if the act committed while intoxicated may only be prosecuted upon complaint, with authorization, or upon request for prosecution.

Section 323b Endangering Withdrawal Treatment

Whoever knowingly, without the permission of the director of the institution or his agent, procures for, or gives alcoholic beverages or other intoxicants to another, who has been placed in an institution for withdrawal treatment on the basis of an order of a public authority or without his consent, or inveigles him to consume such substances, shall be punished with imprisonment for not more than one year or a fine.

Section 323c Failure to Render Assistance

Whoever does not render assistance during accidents or common danger or need, although it is required and can be expected of him under the circumstances and, especially, is possible without substantial danger to himself and without violation of other important duties, shall be punished with imprisonment for not more than one year or a fine.

Chapter Twenty-nine

Crimes Against The Environment

Section 324 Water Pollution

(1) Whoever, without authorization, pollutes a body of water or otherwise detrimentally alters its qualities, shall be punished with imprisonment for not more than five years or a fine.

(2) An attempt shall be punishable.

(3) If the perpetrator acts negligently, then the punishment shall be imprisonment for not more than three years or a fine.

Section 324a Soil Pollution

(1) Whoever, in violation of duties under administrative law, introduces, allows to penetrate or releases substances into the soil and thereby pollutes it or otherwise detrimentally alters it:

1. in a manner that is capable of harming the health of another, animals, plants, other property of significant value or a body of water; or

2. to a significant extent,

shall be punished with imprisonment for not more than five years or a fine.

(2) An attempt shall be punishable.

(3) If the perpetrator acts negligently, then the punishment shall be imprisonment for not more than three years or a fine.

Section 325 Air Pollution

(1) Whoever, in the operation of a facility, especially a plant or machine, in violation of duties under administrative law, causes alterations of the air which are capable of harming the health of another, animals, plants or other property of significant value outside of the area belonging to the facility, shall be punished with imprisonment for not more than five years or a fine. An attempt shall be punishable.

(2) Whoever, in the operation of a facility, especially a plant or machine, in gross violation of duties under administrative law, releases harmful substances in significant amounts into the air outside of the grounds of the facility, shall be punished with imprisonment for not more than five years or a fine.

(3) If the perpetrator acts negligently, then the punishment shall be imprisonment for not more than three years or a fine.

(4) Harmful substances within the meaning of subsection (2) are substances, which are capable of:

1. harming the health of another, animals, plants or other property of significant value; or

2. polluting or otherwise detrimentally altering a body of water, the air or the soil in a lasting way.

(5) Subsections (1) to (3) shall not apply to motor vehicles, rail vehicles, aircraft or watercraft.

Section 325a Causing Noise, Vibrations and Non-ionizing Radiation

(1) Whoever, in the operation of a facility, especially a plant or machine, in violation of duties under administrative law, causes noise which is capable of harming the health of another outside of the area belonging to the facility, shall be punished with imprisonment for not more than three years or a fine.

(2) Whoever, in the operation of a facility, especially a plant or machine, in violation of duties under administrative law which serve to protect against noise, vibrations or non-ionizing radiation, endangers the health of another, animals which do not belong to him or property of another of significant value, shall be punished with imprisonment for not more than five years or a fine.

(3) If the perpetrator acts negligently, then the punishment shall be:

1. in cases under subsection (1), imprisonment for not more than two years or a fine;

2. in cases under subsection (2), imprisonment for not more than three years or a fine.

(4) Subsections (1) to (3) shall not apply to motor vehicles, rail vehicles, aircraft or watercraft.

Section 326 Unauthorized Dealing with Dangerous Wastes

(1) Whoever, outside of the facility authorized therefor or in substantial deviation from the prescribed or authorized procedure, treats, stores, dumps, discharges or otherwise disposes of wastes, which:

1. contain or can generate poisons or carriers of diseases which are dangerous to the public and are communicable to human beings or animals;

2. are, for human beings, carcinogenic, harmful to the fetus or can cause alterations in genetic make-up;

3. are dangerously explosive, spontaneously combustible, or not merely slightly radioactive; or

4. because of their nature, composition or quantity are capable of:

a) polluting or otherwise detrimentally altering a body of water, the air or the soil in a lasting way; or

b) endangering an existing population of animals or plants,

shall be punished with imprisonment for not more than five years or a fine.

(2) Whoever, contrary to a prohibition or without the required permit, brings wastes within the meaning of subsection (1) into, out of or through the territorial area of application of this law, shall be similarly punished.

(3) Whoever, in violation of duties under administrative law, fails to deliver radioactive wastes, shall be punished with imprisonment for not more than three years or a fine.

(4) In cases under subsections (1) and (2) an attempt shall be punishable.

(5) If the perpetrator acts negligently, then the punishment shall be:

1. in cases under subsections (1) and (2), imprisonment for not more than three years or a fine;

2. in cases under subsection (3), imprisonment for not more than one year or a fine.

(6) The act shall not be punishable, if harmful effects on the environment, especially on human beings, bodies of water, the air, the soil, useful animals or useful plants, are obviously excluded due to the small quantity of wastes.

Section 327 Unauthorized Operation of Facilities

(1) Whoever, without the required permit or contrary to an enforceable prohibition:

1. operates a nuclear facility, possesses an operational or idle nuclear facility or in whole or in part dismantles such a facility or substantially modifies its operation; or

2. substantially modifies a plant in which nuclear fuels are used or its location,

shall be punished with imprisonment for not more than five years or a fine.

(2) Whoever operates:

1. a facility which requires a permit or any other facility within the meaning of the Federal Immission Control Law, the operation of which has been prohibited in order to protect against danger;

2. a pipeline facility for the transportation of water-endangering substances within the meaning of the Water Resources Law which requires a permit or is subject to a duty to report; or

3. a waste disposal facility within the meaning of the Recycling and Waste Law, without the permit or plan approval required by the respective statute or contrary to an enforceable prohibition based on the respective statute,

shall be punished with imprisonment for not more than three years or a fine.

(3) If the perpetrator acts negligently, then the punishment shall be:

1. in cases under subsection (1), imprisonment for not more than three years or a fine;

2. in cases under subsection (2), imprisonment for not more than two years or a fine.

Section 328 Unauthorized Dealing with Radioactive Substances and Other Dangerous Substances and Goods

(1) Whoever keeps, transports, treats, processes or otherwise uses, imports or exports:

1. nuclear fuels without the required permit or contrary to an enforceable prohibition; or

2. other radioactive substances, which because of their nature, composition or quantity are capable of causing death or serious health damage of another by ionizing radiation, in gross breach of duty, without the required permit or contrary to an enforceable prohibition,

shall be punished with imprisonment for not more than five years or a fine.

(2) Whoever:

1. fails to promptly deliver nuclear fuels, which he is obligated to deliver on the basis of the Nuclear Law;

2. delivers nuclear fuels or substances indicated in subsection (1), number 2, to unauthorized persons or procures the distribution thereof to unauthorized persons;

3. causes a nuclear explosion; or

4. inveigles another to commit an act indicated in number 3, or encourages such an act, shall be similarly punished.

(3) Whoever, in gross violation of duties under administrative law:

1. in the operation of a facility, especially a plant or technical installation, stores, treats, processes, or otherwise uses radioactive substances or dangerous substances within the meaning of the Chemicals Law; or

2. transports, forwards, packs, unpacks, loads or unloads, receives or gives to another dangerous goods,

and thereby endangers the health of another, animals that do not belong to him or property of others of significant value, shall be punished with imprisonment for not more than five years or a fine.

(4) An attempt shall be punishable.

(5) If the perpetrator acts negligently, then the punishment shall be imprisonment for not more than three years or a fine.

(6) Subsections (4) and (5) shall not apply to acts under subsection (2), number 4.

Section 329 Endangering Areas Requiring Protection

(1) Whoever, contrary to a ordinance enacted on the basis of the Federal Immission Control Law relating to an area which requires special protection against harmful environmental effects of air pollution or noises or in which a great increase in harmful environmental effects can be expected during periods of thermal inversion, operates facilities within the area, shall be punished with imprisonment for not more than three years or a fine. Whoever operates facilities in such an area contrary to an enforceable order, which was issued on the basis of an ordinance indicated in sentence 1, shall be similarly punished. Sentences 1 and 2 shall not apply to motor vehicles, rail vehicles, aircraft or watercraft.

(2) Whoever, contrary to an ordinance or an enforceable prohibition enacted to protect a water or mineral spring conservation area:

1. operates in-plant facilities dealing with water-endangering substances;

2. operates pipeline facilities to transport water-endangering substances or transports such substances; or

3. mines gravel, sand, clay or other solid substances within the framework of a commercial operation,

shall be punished with imprisonment for not more than three years or a fine. The facility of a public enterprise is also an in-plant facility within the meaning of sentence 1.

(3) Whoever, contrary to an ordinance or an enforceable prohibition enacted to protect a nature conservation area, an area provisionally set aside as a nature conservation area, or a national park:

1. mines or extracts mineral resources or other soil components;

2. makes excavations or heaps;

3. creates, alters or removes bodies of water;

4. drains moors, swamps, marshes or other wetlands;

5. clears a forest;

6. kills, traps, hunts or in whole or in part destroys or removes the eggs of animals of a specially protected species within the meaning of the Federal Nature Conservation Law;

7. damages or removes plants of a specially protected species within the meaning of the Federal Nature Conservation Law; or

8. erects a building,

and thereby interferes not insubstantially with the respective protected interest, shall be punished with imprisonment for not more than five years or a fine.

(4) If the perpetrator acts negligently, then the punishment shall be:

1. in cases under subsections (1) and (2), imprisonment for not more than two years or a fine;

2. in cases under subsection (3), imprisonment for not more than three years or a fine.

Section 330 Especially Serious Case of an Environmental Crime

(1) In especially serious cases an intentional act under Sections 324 to 329 shall be punished with imprisonment from six months to ten years. An especially serious case exists, as a rule, if the perpetrator:

1. harms a body of water, the soil or a conservation area within the meaning of Section 329 subsection (3), such that the harm cannot be eliminated, or, if so, only at extraordinary expense or after a lengthy period of time;

2. endangers the public water supply;

3. harms in a lasting way an existing population of animals or plants of species that are threatened with extinction;

4. acts for profit.

(2) Whoever, by an intentional act under Sections 324 to 329:

1. places another human being in danger of death or serious health damage or a large number of human beings in danger of health damage; or

2. causes the death of another human being, shall in cases under number 1, be punished with imprisonment from one year to ten years, in cases under number 2, with imprisonment for not less than three years if the act is not punishable under Section 330a subsections (1) to (3).

(3) In less serious cases under subsection (2), number 1, imprisonment from six months to five years shall be imposed, in less serious cases under subsection (2), number 2, imprisonment from one year to ten years.

Section 330a Serious Endangerment by Release of Poisons

(1) Whoever diffuses or releases substances which contain or can generate poisons and thereby causes the danger of death or serious health damage to another human being or the danger of health damage to a large number of human beings, shall be punished with imprisonment from one year to ten years.

(2) If by the act the perpetrator causes the death of another human being, then the punishment shall be imprisonment for not less than three years.

(3) In less serious cases under subsection (1), imprisonment from six months to five years shall be imposed, in less serious cases under subsection (2), imprisonment from one year to ten years.

(4) Whoever causes the danger negligently in cases under subsection (1) shall be punished with imprisonment for not more than five years or a fine.

(5) Whoever acts negligently in cases under subsection (1) and negligently causes the danger, shall be punished with imprisonment for not more than three years or a fine.

Section 330b Active Remorse

(1) The court, in cases under Sections 325a subsection (2), 326 subsections (1) to (3), 328 subsections (1) to (3), and 330a subsections (1), 3, and 4, may in its own discretion mitigate the punishment (Section 49 subsection (2)) or dispense with punishment under these provisions, if the perpetrator voluntarily averts the danger or eliminates the condition he caused before substantial damage results. Under the same prerequisites the perpetrator shall not be punished under Sections 325a subsection (3), no. 2, 326 subsection (5), 328 subsection (5) and 330a subsection (5).

(2) If the danger is averted or the unlawfully caused condition is eliminated due in no part to the contribution of the perpetrator, then it suffices if he voluntarily and earnestly makes efforts to attain this goal.

Section 330c Confiscation

If a crime under Sections 326, 327 subsections (1) or (2), 328, 329 subsections (1), (2) or (3), the latter also in conjunction with subsection (4), then:

1. objects, which were generated by the act or used or intended for use in its commission or preparation; and

2. objects, to which the act relates, may be confiscated. Section 74a shall be applicable.

Section 330d Definition of Terms

Within the meaning of this Section:

1. a body of water shall be surface water, ground water and the sea;

2. a nuclear facility shall be a facility for the production or treatment or processing or fission of nuclear fuels or for the enrichment of irradiated nuclear fuels;

3. dangerous goods shall be goods within the meaning of the Law on the Transportation of Dangerous Goods or an ordinance which is based thereon and within the meaning of the legal provisions relating to the international transportation of dangerous goods in the respective area of application;

4. a duty under administrative law shall be a duty which arises from: a) a legal provision; b) a judicial decision; c) an enforceable administrative act; d) an enforceable condition; or e) a contract under public law, to the extent that the duty could also have been imposed by an administrative act; and serves to protect against dangers or harmful effect on the environment, especially on human beings, animals or plants, bodies of water, the air or the soil;

5. an act without a permit, plan approval or other permission shall be also an act on the basis of a permit, plan approval or other permission which was secured by threats, bribery or collusion or obtained by devious means through incorrect or incomplete statements.

Chapter Thirty

Crimes in Public Office

Section 331 Acceptance of a Benefit

(1) A public official or a person with special public service obligations who demands, allows himself to be promised or accepts a benefit for himself or for a third person for the discharge of a duty, shall be punished with imprisonment for not more than three years or a fine.

(2) A judge or arbitrator who demands, allows himself to be promised or accepts a benefit for himself or a third person in return for the fact that he performed, or would in the future perform a judicial act, shall be punished with imprisonment for not more than five years or a fine. An attempt shall be punishable.

(3) The act shall not be punishable under subsection (1), if the perpetrator allows himself to be promised or accepts a benefit which he did not demand and the competent public authority, within the scope of its powers, either previously authorizes the acceptance, or the perpetrator promptly makes a report to it and it authorizes the acceptance.

Section 332 Taking a Bribe

(1) A public official or person with special public service obligations who demands, allows himself to be promised or accepts a benefit for himself or for a third person in return for the fact that he performed or would in the future perform an official act, and thereby violated or would violate his official duties, shall be punished with imprisonment from six months to five years. In less serious cases the punishment shall be imprisonment for not more than three years or a fine. An attempt shall be punishable.

(2) A judge or an arbitrator, who demands, allows himself to be promised or accepts a benefit for himself or for a third person in return for the fact that he performed or would in the future perform a judicial act, and thereby violates or would violate his judicial duties, shall be punished with imprisonment from one year to ten years. In less serious cases the punishment shall be imprisonment from six months to five years.

(3) If the perpetrator demands, allows himself to be promised or accepts a benefit in return for a future act, then subsections (1) and (2) shall already be applicable if he has indicated to the other his willingness to:

1. violate his duties by the act; or

2. to the extent the act is within his discretion, to allow himself to be influenced by the benefit in the exercise of his discretion.

Section 333 Granting a Benefit

(1) Whoever offers, promises or grants a benefit to a public official, a person with special public service obligations or a soldier in the Federal Armed Forces, for that person or a third person, for the discharge of a duty, shall be punished with imprisonment for not more than three years or a fine.

(2) Whoever offers promises or grants a benefit to a judge or an arbitrator, for that person or a third person, in return for the fact that he performed or would in the future perform a judicial act, shall be punished with imprisonment for not more than five years or a fine.

(3) The act shall not be punishable under subsection (1), if the competent public authority, within the scope of its powers, either previously authorizes the acceptance of the benefit by the recipient or authorizes it upon prompt report by the recipient.

Section 334 Offering a Bribe

(1) Whoever offers, promises or grants a benefit to a public official, a person with special public service obligations, or a soldier of the Federal Armed Forces, for that person or a third person, in return for the fact that he performed or would in the future perform an official act and thereby violates or would violate his official duties, shall be punished with imprisonment from three months to five years. In less serious cases the punishment shall be imprisonment for not more than two years or a fine.

(2) Whoever offers, promises or grants a benefit to a judge or an arbitrator, for that person or a third person, in return for the fact that he:

1. performed a judicial act and thereby violated his judicial duties; or

2. would in the future perform a judicial act and would thereby violate his judicial duties,

shall be punished in cases under number 1 with imprisonment from three months to five years, in cases under number 2 with imprisonment from six months to five years. An attempt shall be punishable.

(3) If the perpetrator offers, promises or grants the benefit in return for a future act, then subsections (1) and (2) shall already be applicable if he attempts to induce the other to:

1. violate his duties by the act; or

2. to the extent the act is within his discretion, to allow himself to be influenced by the benefit in the exercise of his discretion.

Section 335 Especially Serious Cases of Taking or Offering Bribes

(1) In especially serious cases:

1. an act under: a) Section 332 subsection (1), sent. 1, also in conjunction with subsection (3); and b) Section 334 subsection (1), sent. 1, and subsection (2), respectively also in conjunction with subsection (3), shall be punished with imprisonment from one year to ten years; and