Групови и непосредствени обекти на отделните видове престъпления

•март 28, 2010 • Вашият коментар

Система на престъпленията в Особената част на

Наказателния кодекс

Групови и непосредствени обекти на отделните видове престъпления

Престъпления против личността

Групов обект – обществените отношения, които осигуряват неприкосновеността на системата от лични права и законни интереси на отделния човек, прокламирани и уредени от Конституцията и законите на страната

Престъпления против личността обществените отношения, които осигуряват неприкосновеността на системата от лични права и законни интереси на отделния човек, прокламирани и уредени от Конституцията и законите на страната
Прест-я п/в живота и здравето на личността
Прест-я п/в живота обществените отношения, които осигуряват неприкосновеността на човешкия живот и без които личността не може да съществува
Прест-я п/в здравето обществените отношения, които осигуряват неприкосновеността на човешкото здраве и физическата цялост на личността
Злепоставяне обществените отношения, които възникват във връзка с неприкосновеността на човешкия живот и здраве
Прест-я п/в свободата на личността
Противозаконно лишаване от свобода обществените отношения, чрез които се осигурява обективната възможност всеки човек да се придвижва свободно в пространството
Отвличане обществените отношения, чрез които се осигурява обективната възможност всеки човек да се придвижва свободно в пространството + свободата за формиране волята на пострадалия
Прест-я п/в свободното формиране на волята и избора на поведение обществените отношения, които осигуряват на човека възможност психичните процеси, в резултат на които волята му се формира свободно, да протичат нормално и в съответствие с неговите представи за собствените му потребности
Принуда
Задържане на заложник ОО, чрез които се осигурява свободата на задържания за придвижване в пространството и тези, осигуряващи свободното формиране на волята на лицата, от които се иска изпълнение на определено условия
Закана с прест-е
Прест-я п/в доброто име, честта и достойнството на личността ОО, които осигуряват неприкосновеността на честта, достойнството и доброто име на човека като негови неотменими морални блага
Издаване на чужда тайна
Откриване на професионална тайна ОО, възникнали м/у пострадалия и дадено ФЛ, по силата на които последното е длъжно да не разгласява определени факти и обстоятелства, засягащи личността на пострадалия и които то е узнало във връзка със своето занятие
Престъпно разгласяване тайната на осиновяването ОО, които осигуряват запазването на осиновяването в тайна
Престъпно използване на информация ОО, осигуряващи запазването в тайна на данни и факти, събрани по реда и условията, уредени в ЗСРС
Обида ОО, които осигуряват неприкосновеността на личното чувство за достойнство, самооценката на човека, положителната оценка, която всеки има за собствената си личностна и обществена ценност
Клевета ОО, осигуряващи неприкосновеността на доброто име на човека в обществото, на положителната обществена оценка за личността
Престъпно ползване на инф-я от архива на МВР ОО, осигуряващи запазването в тайна на всяка информация за гражданите, която се съхранява в архива на МВР
Прест-я п/в половата неприкосновеност на личността и п/в половия морал сложен, комплексен – ОО, които осигуряват съблюдаване на половия морал в обществото, на половата нравственост + свободата за формиране на волята и за избор на поведение + отношенията, свързани с честта и достойнството на личността + личната телесна неприкосновеност
Престъпно блудство
Блудство с малолетен ОО, които осигуряват половата неприкосновеност и съблюдаването на половия морал + ОО, които възникват по повод правилното духовно и физическо развитие на подрастващите
Блудство с лице, навършило 14 години ОО, които осигуряват половата неприкосновеност и съблюдаването на половия морал + свободата при избор на полов партньор и на полово поведение
Престъпни съвкупления
Съвкупление с малолетен и невменяем
Съвкупление с малолетен ОО, които осигуряват половата неприкосновеност и съблюдаването на половия морал + ОО, които възникват по повод правилното духовно и физическо развитие на подрастващите
Съвкупление с невменяем ОО, свързани с изискването подобни деяния да се извършват при наличие на нормална воля за всеки участник в този вид действия
Изнасилване ОО, които осигуряват половата неприкосновеност и свободния избор на полов партньор само на лице от женски пол
Съвкупление при използване на зависимост ОО, които осигуряват половата неприкосновеност и свободния избор на полов партньор само на лице от женски пол + особените отношения на зависимост на пострадалата от субекта
Кръвосмешение ОО, които осигуряват съблюдаването на половия морал в обществото, както и особените родствени правоотношения, с които са обвързани възходящите и низходящите, братята и сестрите и осиновителите и осиновените
Отвличане с цел разврат ОО, които осигуряват свободата на придвижване в пространството и на избор на поведение + ОО, гарантиращи половата неприкосновеност на лицата от женски пол
Престъпни хомосексуални действия
Насилствено хомосексуално действие ОО, които осигуряват половата неприкосновеност и свободата за избор на полово общуване на вменяемите лица от двата пола, които са навършили 14 години
Хомосексуално действие с лице под 14 години ОО, свързани с изискването подобни деяния да се извършват при наличие на нормална воля за всеки участник в този вид действия
Хомосексуално действие с невменяем ОО, свързани с изискването подобни деяния да се извършват при наличие на нормална воля за всеки участник в този вид действия
Престъпления п/в половия морал ОО, осигуряващи спазването на моралните норми, установени в обществото относно половото общуване между хората и половата неприкосновеност
Сводничество
Порнография ОО, осигуряващи спазването на моралните норми, установени в обществото относно половото общуване между хората и половата неприкосновеност
Трафик на хора сложен – отношенията, които осигуряват различни видове неприкосновеност на човешката личност: свободата на избор на поведение, половата неприкосновеност и половия морал, неприкосновеността на здравето
Престъпления против правата на гражданите

Родов обект – ОО, които осигуряват осъществяването на лични, политически и лично-икономически права и свободи на гражданите и които образуват основата на техния личен статут в гражданското общество

Престъпления п/в граждански и политически права
Престъпления п/в националното и расово равенство ОО, които се пораждат на основание чл. 6 от Конституцията и в рамките на които се осигурява равенството на хората без оглед на тяхната национална или расова принадлежност
Проповядване или подбуждане към расова или национална вражда, към расова омраза или към расова дискриминация ОО, които осигуряват равенството на гражданите пред законите независимо от това към каква националност или раса те принадлежат
Насилствени действия на основата на расова, етническа, религиозна или политическа нетърпимост ОО, които осигуряват равенството на гражданите пред законите независимо от това към каква националност, народност или раса те принадлежат или какви политически убеждения споделят
Образуване, ръководене или членуване в престъпна организация или група ОО, които осигуряват равенството на гражданите пред законите независимо от това към каква националност, народност или раса те принадлежат или какви политически убеждения споделят
Участие в тълпа ОО, които осигуряват равенството на гражданите пред законите независимо от това към каква националност, народност или раса те принадлежат или какви политически убеждения споделят
Престъпления против изповеданията Съвкупността от ОО, чрез които се осъществява гарантираната от Конституцията свобода на вероизповедание или на атеистично убеждение, на религиозни обреди и проповеди или на атеистична пропаганда в пределите, установени с нормите на Конституцията и на международните договори, по които Република България е страна
Противозаконна пропаганда на религиозна основа
Насилствени дейсвия на основата на религиозна нетърпимост основен състав – ОО, които осигуряват нормалната и безпрепятствена външна изява на вярата – разлини религиозни обреди или служби, молитви, процесии и други подобни

участие в тълпа на основата на верска нетърпимост – свободата на съвестта и вероизповеданията

Противозаконно използване на религията за политически цели ОО, които осигуряват спазването на конституционната забрана религията да се използва за политически цели
Престъпления п/в политиеските права на гражданите Съвкупността от ОО, които осигуряват упражняването на основните конституционни политически права и свободи на гражданите
Престъпления против избирателното право ОО, свързани със законосъобразното упражняване на активно или на пасивно избирателно право, както и ОО, в рамките на които се осъществява изборният процес, в резултат на който се формират централните и местните органи на властта, както и участието на гражданите в допитвания до народа
Противозаконно препятстване упражняването на избирателно право
Противозаконно упражняване на избирателно право
Нарушаване тайната на гласуването ОО, които осигуряват нормално протичане на изборния процес и свободата на гражданите при упражняване на конституционното им право на гласоподаване, което става с тайно гласуване
Престъпно преправяне на изборен резултат ОО, които осигуряват образуването и отчитането на изборните резултати при провеждане на избори за органи на държавната власт или на референдум
Престъпления п/в свободата на политическо самоопределяне ОО, чрез които се осъществява политическият плурализъм, както и правото на политическо самоопределяне на ражданите, уредени в Конституцията
Противозаконно препятстване упражняването на конституционни политически права
Престъпно засягане свободата на политически убеждения и на избора на политическа принадлежност
Престъпления п/в свободата на събранията, митингите и манифестациите ОО, осигуряващи законосъобразното упражняване на конституционното право на гражданите да се събират мирно и без оръжие на събрания и манифестации, както и редът за тяхното провеждане по начин, че да не се засягат правата на други граждани
Престъпления против лични права ОО, които осигуряват спазването на условията за свободното съществуване и развитие на личността, при ограничаване намесата на държавата и на други субекти в личния живот на гражданите
Нарушаване неприкосновеността на жилище, помещение или превозно средство ОО, които осигуряват неприкосновеността на жилището на гражданите или на служебните помещения и превозните средства на лицата, ползващи се с международна защита
Нарушаване неприкосновеността на кореспонденцията ОО, които осигуряват сигурността и личния елемент на кореспонденцията и по-конкретно тези, които възникват по повод предаването на адресата в автентично състояние и запазването на информацията в тайна от лица, за които изпращачът или получателят не са дали съгласие да научат съответната информация
Престъпления п/в лично-икономическите права на гражданите ОО, които осигуряват спазването на условията за свободното съществуване и развитие на личността при ограничаване намесата в личния живот на гражданите, като същевременно създават условия за задоволяване на техните материални и духовни потребности
Престъпления п/в трудовите права на гражданите ОО, които осигуряват свободното упражняване на правото на труд , т.е. на признатата и гарантирана на гражданите възможност да предоставят работната си сила с/у заплащане  на възнаграждение от работодателя
Противозаконно препятстване упражняването на правото на труд Комплексен – расовото и национално равенство, свободата на религиозни и политически убеждения и на религиозно, синдикално и политическо самоопределяне + ОО, които осигуряват свободното упражняване на правото на труд
Невъзстановяване на работа ОО, които осигуряват гаранциите за това, че трудовите правоотношения могат да се прекратят само при условия и ред, предвидени в закона
Престъпления п/в интелектуалната собственост
Плагиатство ОО, които осигуряват неприкосновеността на правото на създателя на произведение на науката, литературата, изкуството, на изобретение, полезен модел или промишлен дизайн, да бъде признат за техен автор или изобретател
Престъпно ползване на чужда интелектуална собственост По ал. 1 – ОО, които осигуряват условията за упражняване правото на автора на едно произведение на науката, литературата или изкуството да извършва разпоредителни действия с него, като разрешава разпространението или използването на произведението от трети лица с/у заплащане или безвъзмездно

По ал. 2 – ОО, които осигуряват условията за упражняване правото на автора на едно произведение на науката, литературата или изкуството да извършва разпоредителни действия с него, като разрешава разпространението или използването на произведението от трети лица с/у заплащане или безвъзмездно, както и тези, в рамките на които се упражняват правата на ФЛ или ЮЛ, които правомерно могат да боравят с особени продукти на интелектуална дейност

Престъпления против брака, семейството и младежта
Престъпления п/в брака, семейството и гражданското състояние
Престъпления п/в брака
Престъпления п/в режима за сключване на граждански брак ОО, които осигуряват законосъобразното сключване на граждански брак като формален акт, от който се пораждат права и задължения за съпрузите
Престъпно засягане свободата на волеизявление във връзка със сключване на брак

Насилствено склонавяне към встъпване в брак

Отвличане

Откуп

ОО, които осигуряват свободата на волеизявление при встъпване в брак, но и тези, които са свързани с неговата действителност

+ ОО, които осигуряват възможността за свободно придвижване в пространството на пострадалата

Престъпно многобрачие ОО, които осигуряват нормалното и законосъобразно сключване на граждански брак и ОО, които са породени от съществуващия законен брак и които в съвкупност образуват неговия правен режим
Престъпления п/в семейството
Злепоставяне на сродник ОО, осигуряващи необходимите фактически грижи, които следва да се полагат за лицата, които поради една или друга причина не могат да се грижат сами за себе си
Изоставяне без необходими грижи ОО, които възникват по повод правилното физическо и психическо развитие на подрастващите или на лица, поставени под запрещение
Осуетяване изпълнението на решение относно упражняване на родителски права или лични контакти с дете ОО, които осигуряват упражняването на родителски права или осъществяване на лични контакти с дете, уредени въз основа на закона с влязло в сила съдебно решение
Неплащане на издръжка ОО, в рамките на които се изпълняват задълженията на определени от закона лица да осигуряват средства за съществуване на нуждаещите се, които са нетрудоспособни и не могат да се издържат от собственото си имущество
Престъпно мотивиране към участие в осиновяване ОО, които осигуряват доброволното и безкористно участие в осиновяването, някои промени в гражданското състояние на лицата, предизвикани от осиновяване, както и съществуващи или бъдещи родствени отношения
Престъпления п/в гражданското състояние

Престъпно укриване или замяна на гражданското състояние

Престъпно прибиране или задържане на чуждо дете

ОО, които в съвкупност осигуряват нормалното и законосъобразно идентифициране на гражданите в обществото и семейството им като носители на права, свързани с техния произход и произтичащата от тях необходимост в ранна възраст хората да получават необходимата грижа и закрила от техните семейства и от обществото
Престъпления против младежта ОО, които възникват по повод правилното физическо, психично и нравствено развитие на подрастващите
Общи престъпления п/в младежта

Изтезаване на подрастващ

Принуждаване към прест-е или към проституция

Използване другиго за просия

Престъпно опиване с алкохолни напитки

Престъпна продажба на алкохолни напитки

Престъпно приемане на работа ОО, които осигуряват спазване на особените изисквания за участието на подрастващите в трудови правоотношения
Престъпления, свързани със заживяване на съпружески начала
Злоупотреба с родителска власт

Заживяване съпружески с лице от женски пол

Съдействие за противозаконно съжителство

Получаване или даване на откуп, посредничество към откуп
Престъпления против собствеността

правоотношенията на собственост и другите имуществени правоотношения, както и съвкупността от ОО, чрез които се осигуряват условията за нормално упражняване на правото на собственост и на имуществените права, свързани с неговото придобиване, упражняване или запазване

Престъпно отнемане на вещи Правоотношенията на собственост и другите имуществени правоотношения, както и съвкупността от ОО, чрез които се осигуряват условията за нормално упражняване на правото на собственост само върху движими вещи и на имуществените права, свързани с неговото придобиване, упражняване или запазване
Кражба ОО, които осигуряват нормалните условия за упражняване правото на собственост или правото на владение или държане върху движими вещи
Грабеж Комплексен – ОО, които осигуряват нормални условия за упражняване правото на собственост или правото на владение или държане върху движими вещи + ОО, които осигуряват на човека възможност свободно да формира своята воля и да избира поведение (обект на принудата по чл 143) + личността на лицето, у което се намира предметът на прест-ето
Престъпни присвоявания
Обсебване
Обсебване на чужда вещ ОО, които осигуряват нормалното упражняване на правото на собственост само върху движими вещи
Обсебване на заложена вещ
Обсебване на собствена заложена вещ Гаранцията за своевременно плащане на обезпечено задължение (по-общи икономически отношения)
Залагане на чужда вещ
Длъжностно присвояване Комплексен – ОО, които осигуряват нормалното упражняване на правото на собственост както върху движими, така и върху недвижими вещи + специфичните отношения по служба, в които участва субектът на престъплението
Особени случаи на присвояване
Присвояване на намерени вещи и вещи, попаднали у дееца случайно и по погрешка ОО, които осигуряват нормалното упражняване на правото на собственост само върху движими вещи
Присвояване на съкровище ОО, свързани с упражняване само правото на държавна собственост
Измама и изнудване ОО, които осигуряват нормалното упражняване правото на собственост върху движими или върху недвижими вещи, както и на всякакви имуществени права ( с изкл. на документната измама), и гарантираното от закона право за разпореждане с имущество въз основа на свободно и съзнателно взето решение
Измама
Обикновена (класическа) измама ОО, които осигуряват нормалното упражняване правото на собственост върху движими или върху недвижими вещи, както и на всякакви имуществени права ( с изкл. на документната измама), и гарантираното от закона право за разпореждане с имущество въз основа на свободно и съзнателно взето решение
Документна измама ОО, осигуряващи условията за упражняване правото на собственост само върху движими вещи, а също и отношенията, свързани със създаването и ползването на документи (обект на документни престъпления)
Компютърна измама ОО, които осигуряват нормалното упражняване правото на собственост върху движими или върху недвижими вещи, както и на всякакви имуществени права ( с изкл. на документната измама), и тези, които гарантират правото за разпореждане с имущество въз основа на свободно и съзнателно взето решение, както и тези ОО, които осигуряват законосъобразно създаване, ползване и съхранение на компютърни информационни данни
Застрахователна измама ОО, в рамките на които се осъществява дейността по набиране и разходване на средства, предназначени за изплащане на обезщетения и други парични суми при настъпване на събития или сбъдване на условия, предвидени в договор или в закон
Изнудване Комплексен – ОО, които осигуряват на човека възможността психичните процеси, в резултат на които се формира свободно волята му, да протичат нормално и в съответствие с представите за собствените му потребности + ОО, гарантиращи нормалното упражняване правото на собственост или други имуществени права
Унищожаване и повреждане
Унищожаване и повреждане на чужда вещ ОО, в рамките на които се упражнява правото на собственост върху движими или недвижими вещи, и по-конкретно тези, които осигуряват физическата цялост на вещите и запазване на техните качества така, че те да служат по предназнаението им
Унищожаване и повреждане на ипотекирано или заложено имущество Правоотношенията, които възникват при учреден залог или ипотека, по силата на които кредиторът има право да удовлетвори своето обезпечено вземане с предпочитание пред останалите кредитори на същия длъжник при продажба на ипотекираната или заложена вещ
Злоупотреба с доверие и вещно укривателство
Злоупотреба с доверие
Класическа злоупотреба с доверие ОО, които са свързани с управлението или пазенето на чуждо имущество, или тези, които осигуряват нормалното осъществяване на представителни правомощия в сферата на имуществените отношения
Злоупотреба със запорирана или заложена вещ запорирана вещ – отношенията, които възникват за осигуряване запазването на вещите, поставени под запор, до тяхната продажба от съдия-изпълнителя

заложена вещ – ОО, които осигуряват спазване на ограниченията за разпореждане със заложени вещи, пораждащи се от договора за залог и осигуряващи правата и законните интереси на заложните кредитори

Вещно укривателство Комплексен – ОО, които са свързани с установяване и  разкриване на вече извършено друго престъпление или общественоопасно деяние, както и с наказване извършителя на това престъпление, съответно за прилагане на други предвидени в закона мерки спрямо извършителя на общественоопасното деяние + ОО, чрез които се възстановява възможността на пострадалия да упражнява нормално правото на собственост, но само върху движими вещи или съответните ОО, непосредствен обект на другото престъпление
Престъпления против стопанството

ОО, осигуряващи правилното управление на стопанската дейност и свързани със спазването на изискванията за осъществяване на тази дейност, уредени със специални правила, когато има такива

Общи стопански прест-я общоважащите за всички стопански отрасли изисквания за правилното осъществяване на стопанската дейност
Безстопанственост ОО, осигуряващи правилното ръководене, управление, стопанисване и запазване на имуществото и правилната стопанска дейност въобще
Сключване на неизгодна сделка
Издаване на стопанска тайна
Подкуп в сферата на търговската дейност Общоважащите изисквания за правилното упражняване на стопанска дейност
Прест-я п/в кредиторите

Незаявяване на настъпила неплатежоспособност

Банкрут

Широк кръг обществени отношения, които осигуряват интересите на кредитора на длъжника-търговец, изпаднал в състояние на неплатежоспособност, както и тези, които осигуряват справедливо удовлетворение на кредиторите и възможност за оздравяване на търговските предприятия (търговци), както и интересите на работниците на тези търговци
Престъпления в отделните стопански отрасли специфичните изисквания за даден стопански отрасъл
Престъпления п/в промишлеността ОО, в рамките на които се изпълняват установените нормативни изисквания към производството на стоки в тежката и леката промишленост, както и изискванията за маркиране на произведената промишлена продукция като съответствие на тези задължителни нормативи
Престъпления в областта на търговията ОО, в рамките на които се осъществяват установените общи изисквания за размяната на стоки и тези ОО, които обезпечават правилното обслужване на потребителите
Престъпления п/в горското стопанство ОО, които осигуряват правилното стопанисване на националния горски фонд, както и тези, свързани с изискванията за експлоатация на горите и режима за добив на дървен материал
Престъпления против митническия режим ОО, които осигуряват спазването на установените изисквания за пренос през границата на страната на стоки и предмети
Престъпления п/в паричната и кредитната система ОО, в рамките на които се осъществява емитирането, съхранението, обращението, натрупването и обмяната на парични и на официални финансови и престационни знаци, както и на тези, в рамките на които се осъществяват различни форми на плащания
Престъпления против публичните интереси
Престъпления п/в републиката Установените с Конституцията държавен и обществен строй – ОО, в рамките на които се осигуряват упражняването на държавната власт в Република България при стриктно спазване на Конституцията, националната сигурност на държавата и нормалното участие в международните отношения
Прест-я п/в вътрешната сигурност
Измяна ОО, които касаят вътрешната сигурност на страната
Терористични действия ОО, които касаят вътрешната сигурност на страната, както и тези, които осигуряват неприкосновеността на човешкия живот
Прест-я п/в външната сигурност ОО, които гарантират външната сигурност, отбранителната способност, териториалната цялост и суверенитета на страната и нормалното осъществяване на международните отношения, в които страната участва
Прест-я п/в икономическите основи на републиката
Прест-я п/в дейността на държавни органи, общ. организации и лица, изпълняващи публични функции ОО, които осигуряват правилното осъществяване на дейността на държавните органи, на лицата, осъществяващи публични функции, на целия държавен апарат, както и авторитета и доверието на гражданите към тези органи и дейността им
Прест-я п/в реда на управлението ОО, които осигуряват нормалното протичане на дейността на отделните звена на държавния апарат, както и на някои категории лица, натоварени с изпълнението на публични функции
Прест-я по служба ОО, които осигуряват дейността и правилното функциониране на държавните органи, обществените организации и лицата, натоварени с публични функции, техния авторитет, доверието на гражданите в тях, а също и изискванията на демократичното общество и изискванията за дейността на длъжностните лица
Прест-я п/в правосъдието ОО, които осигуряват осъществяването на правораздавателната дейност в държавата, както и авторитета на органите на съдебната власт и доверието на гражданите в тях и в дейността им
Набедяване ОО, които осигуряват правилното и нормално правораздаване по наказателни дела, както и неприкосновеността на човешките чест и достойнство
Лъжесвидетелстване
Даване на невярно заключение
Подбуждане към лъжесвидетелстване
Лично укривателство ОО, които осигуряват правилното и нормално правораздаване по наказателни дела
Изтръгване на показания, признания и заключения ОО, които осигуряват нормалното установяване на обективната истина по наказателни дела
Подкуп ОО, които осигуряват нормалното функциониране на на държавния и обществения апарат, авторитета и доверието на гражданите за осъществяване на дейността на държавните органи безкористно и съгласно нормативната уредба
Документни престъпления ОО, които осигуряват правилното и законосъобразно съставяне, използване и премахване на документи
Прест-я п/в реда и общественото спокойствие ОО, в рамките на които се осигурява нормален и необезпокояван живот на гражданите
Общоопасни престъпления общата опасност за неопределен кръг ОО
Прест-я, извършени по общоопасен начин или с общоопасни средства Обща опасност, която може да засегне всякакви видове ОО – ОО, осигуряващи упражняването на лични права, на имуществени права, на правото на собственост, на живот, на здраве
Прест-я по транспорта и съобщенията ОО, осигуряващи безопасността на транспортната дейност като полезна и изключително необходима за всяко общество, но и представляваща източник на повишена опасност за живота + ОО, осигуряващи създаването, изпозването и нормалното функциониране на средствата и системите за далекосъобщения и предаването на информация по тях
Прест-я, свързани с наркотици ОО, осигуряващи качеството на народното здраве

Характеристика на субективната страна на отделните видове престъпления

•март 28, 2010 • Вашият коментар

Система на Особената част на

Наказателния кодекс

Характеристика на субективната страна на отделните видове престъпления

Престъпление

Субект

Форма на вина

Особена цел

Особености на субективната страна

Престъпления против правата на човека
Престъпления против личността
Престъпления против живота и здравето
Умишлено убийство по осн. състав

/чл. 115/

Всяко НОЛ Умисъл – пряк или евентуален

-съзнава общественоопасния хар-ер на деянието

-предвижда настъпването на смъртта

-иска или допуска този резултат

Убийство при професионална непредпазливост /чл. 123/ Лице, което притежава правоспособност да упражнява занятието или дейността Престъпна самонадеяност

-предвижда вероятното настъпване на смъртта

-действа/бездейства при категорична субективна увереност, че този резултат няма да настъпи

Небрежност

-не предвижда смъртта

-бил е длъжен и е могъл да я предвиди

Умишлено убийство, кавалифицирано с оглед субекта /чл. 116, ал. 1, т. 2/ и с оглед субективната страна /чл. 116, ал. 1, т. 7-9 и 11/ Длъжностно лице

Представител на обществеността

Лице от състава на полицията при или по повод изпълнение на службата или функцията му

чл. 116, ал. 1, т. 2:

Съзнава, че действа в съответното качество, както и връзката м/у изпълнението на службата/функцията и извършеното убийство

чл. 116, ал. 1, т. 7-9 и 11:

т. 7 – с користна цел – деецът желае да набави за себе си или за другиго имотна облага + пряк умисъл

т. 8 – да бъде улеснено или прикрито друго убийство + пряк умисъл

т. 9 – предумисъл

т. 11 – по хулигански подбуди

Криминален аборт

/чл. 126, ал.1/

Лице с висше медицинско образование Пряк или евентуален умисъл

Съзнава:

-че жената е бременна

-че предприетите действия са от естество да умъртвят плода

-че се извършват в нар-е на правилата и извън определено мед. заведение

-съгласието на бременната

Предвижда:

-смертта на плода

-опасността за живота и здравето на жената

Цели смъртта на плода или

Допуска възможната смърт на плода

Участие в самоубийството на другиго

/чл. 127, ал. 1/

Всяко НОЛ Пряк или евентуален умисъл

Подпомагане – съзнава

-че жертвата е решила да сложи край на живота си

-че неговото поведение я улеснява

-цели/отнася се безразлично към самоубийството

Склоняване – съзнава:

-че жертвата още не е взела реш-е

-че псих. въздействие води до това р-е

-цели/отнася се безразлично към самоубийството

Умишлено довеждане другиго до самоубийство

/чл. 127, ал. 3/

Всяко НОЛ Само евентуален умисъл

-съзнава

-предвижда   поведението на жертвата

-допуска

Телесни повреди

/чл. 128-134/

Всяко НОЛ Пряк умисъл – предвижда конкретно увреждане и цели именно него

Евентуален умисъл – предвижда конкретно увреждане, но се отнася безразлично към този резултат, преследвайки друга цел

Самонадеяност – предвижда, че е възможно да настъпи увреждане въобще и е уверен, че ще го избегне

Небрежност – не предвижда увреждането, но е бил длъжен и е могъл да предвиди увреждане въобще

Заразяване другиго с венерическа болест

/чл. 135/

Само лице, което страда от венерическа болест Умисъл или непредпазливост

+ знае, че е болен

Злепоставяне
Нарушаване правилата за охрана безопасността на труда /чл. 136, ал. 1/ Само лице, правно задължено да спазва определени правила за охрана безопасността на труда Умисъл – само евентуален:

-познава конкретните правила

-цели или допуска нарушаването им

-предвижда възникването на опасност

-отнася се безразлично към резултата

Непредпазливост – незнание на правилата, които е бил длъжен и е могъл да знае, или немарливо изпълнение

Злепоставяне на лице, което се намира в опасност Лице, което е правно задължено да се грижи за жертвата /138/, да окаже помощ на болен /141,3/, което правомерно упражнява медицинско занятие /141, 1 и 2/, водач на МПС Умисъл

-съзнава съществуващата опасност за пострадалия

-има съзнание за дължимата на жертвата помощ

Престъпления против свободата на личността
Противозаконно лишаване от свобода

/чл. 142а/

Всяко НОЛ Пряк или евентуален умисъл

-съзнава, че няма законно основание за ограничаване на свободата или че нарушава реда за това

-съзнава, че жертвата не е дала съгласие за ограничаването

Отвличане

/чл. 142/

Всяко НОЛ Само пряк умисъл

-предвижда принудителното преместване на жертвата

-предвижда противозаконното лишаване от свобода

-желае този резултат

Престъпления против свободното формиране на волята и на избора на поведение
Принуда

/чл. 143/

Всяко НОЛ Пряк умисъл: съзнава

-съдържанието на волята на пострадалия

-че въздейства в/у психиката му така, че да го мотивира да предприеме поведение, което не съответства на волята му

-пряко цели предприетото поведение

Задържане на заложник

/чл. 143а/

Всяко НОЛ Пряк умисъл: съзнава

-че противозаконно лишава от свобода заложника

-че адресатът на условието не желае да предприеме дадено действие или бездейтвие

-пряко цели предприемането на това поведение

Закана с престъпление

/чл. 144/

Всяко НОЛ Пряк умисъл: съзнава

-че отправя към пострадалия заплаха с прест-е с/у личността или имота му или на негови ближни

-че заплахата се възприема от пострадалия

-че у пострадалия може да възникне страх за осъщест. на прест-е

-цели заплахата да бъде възприета от жертвата и тя да изпита страх

Престъпления против доброто име, честта и достойнството на личността
Откриване на професионална тайна

/чл. 145, ал. 1/

Особен субект – само лице, на което инф-ята е поверена или станала известна във връзка със занятието му Пряк умисъл: съзнава

-че съответните обстоятелства са от естество да засегнат доброто име на пострадалия в обществото

-че ги открива на неоправомощено лице

-че е правно задължен да не го прави

-че неизбежно издава чужда тайна на неоправомоощено лице

Престъпно разгласяване тайната на осиновяването

/чл. 145, ал. 2/

Всяко НОЛ, с изключение на лицата, участвали служебно в осиновяването /за тях е служебна тайна – чл. 284/ Пряк умисъл Особена цел – да причини вредни последици на осиновения, на осиновителя или на семейството им
Престъпно използване на информация

/чл. 145а/

Всяко НОЛ Пряк умисъл: съзнава

-че използваните от него факти са събрани чрез СРС

-че те се използват извън предназначението на инф-ята за целите на нак. производство или за опазване на националната сигурност

Обида

/чл. 146/

Всяко НОЛ Пряк или косвен умисъл: съзнава

-че думите/действията са унизителни за честта и достойнството на жертвата

-че съществува възможност те да бъдат чути или видени от нея

-цели/отнася се безразлично към тази възможност

Клевета

/чл. 147/

Всяко НОЛ Умисъл: съзнава

-позорния хар-ер на разгласяваното обстоятелство или престъпния хар-ер на приписваното деяние

-неистинността на позорното обст-во или че пострадалият не извършил приписваното му престъпление

Пряк умисъл:

-сигурен, че позорното обст-во е неистинско или че прест-ето не е извършено от пострадалия

-цели твърденията му да стигнат до съзнанието на поне едно трето лице

Косвен умисъл:

-не е сигурен в действителното положение, но прави твърдението

-не е сигурен, че твърденията му могат да бъдат възприети от 3то л., но се примирява с тази възможност

Престъпно ползване на инф-я от архива на МВР

/чл. 148а/

Всяко НОЛ Пряк умисъл: съзнава

-че данните, обстоятелствата или твъренията са основани на инф-я от архива на МВР

-че последната е придобита в нарушение на закона

-предвижда неизбежното й узнаване от другиго или че тя ще стане достояние на множество граждани

Престъпления против половата неприкосновеност на личността и против половия морал
Блудство

/по чл. 149 и чл. 150/

Всяко НОЛ, когато пострадалият и субектът са от раазличен пол. Когато са от един и същи пол, е възм. само действия с цел да се възбуди полово желание без съвкупление Само пряк умисъл: съзнава

-че действието е от естество да възбуди или удовлетвори полово желание без съвкупление

-че жертвата е малолетно лице /по  чл. 149/

-че жертвата не е съгласна да участва в блудствените действия /по чл. 150/

Особена цел – да се възбуди или удовлетвори полово желание без съвкупление на субекта, на пострадалото лице или и на двамата
Съвкупление с малолетен и невменяем

/ чл. 151/

Особен субект – всяко НОЛ, но само от пол, противоположен на пола на жертвата Пряк умисъл: съзнава

-че извършва съвкупление

-възрастта на жертвата

-желае осъществяване на съквупление

Изнасилване

/чл. 152/

Всяко НОЛ, но само от мъжки пол Пряк умисъл: съзнава

-по т. 1 – че жертвата се намира в състояние, което не й позволява да окаже съпротива или да изрази съгласие и въпреки това желае съвкуплението

-по т. 2 – че пострадалата не е съгласна да се съвкупява с него, съзнава принудителния хар-ер на употребеното насилие или заплашване и цели чрез него да сломи съпротивата й и да извърши полов акт

-по т. 3 – че жертвата не е дала съгласие да участва в съвкупление с него, че въздейства в/у нея по начин, че да я приведе в безпомощно състояние, като цели жертвата да изпадне в това състояние и да осъществи съвкуплението

Съвкупление при използване на зависимост

/чл. 153/

Само лице от мъжки пол, от което жертвата зависи служебно или материално Пряк умисъл: съзнава

-несъгласието на жертвата да се съвкупи с него

-че тя е мотивирана от представата за неблагоприятното въздействие, което той може да окаже в/у нейни интереси

-цели съвкуплението

Кръвосмешение

/чл. 154/

Особен субект – само лица от различен пол, които са свързани със съответната родствена връзка Пряк общ умисъл: всеки от съизвършителите съзнава

-че осъществява съвкупление с другия

-в каква родствена връзка се намира с него

-това, че другият участва доброволно в съвкуплението

-то е и обща цел на съизвършителите

Отвличане с цел разврат

/чл. 156/

Всяко НОЛ, включително жена Пряк умисъл: съзнава

-че противозаконно отнема свободата на пострадалата

-че я принуждава дапретърпи преместването й от едно място на друго

-цели именно този резултат

Допълнителна, по-далечна цел – жертвата да бъде предоставена другиму за развратни действия
Престъпни хомосексуални действия

/чл. 157/

Всяко НОЛ от същия пол като жертвата Пряк умисъл: съзнава

-че извършва съответно действие с лице от същия пол

-несъгласието на пострадалия /ал. 1/, възрастта на жертвата /ал. 2/, че пострадалият е невменяем /ал. 3/

-цели половото сношение или половото удовлетворение

Сводничество

/чл. 155/

Всяко НОЛ Умисъл

-ал. 1 – цели лицето да вземе решение за проституиране или мъжът и жената да установят интимни отношения

-ал. 2 – съзнава, че лицата, на които осигурява възможност да ползват помещението, вършат в него полови сношения или блудствени действия

Користна цел – квалифициращо обстоятелство по ал. 3
Порнография

/чл. 159/

Всяко НОЛ

-извършители при създаване или представяне – автори, сценаристи, режисьори, актьори, оператори или продуценти

-помагачи – техническият персонал

Само пряк умисъл: съзнава

-порнографския хар-ер на произведението

-цели неговото създаване

-желае то да бъде разпространено в някоя от предвидените форми

Трафик на хора
Обикновен трафик на хора

/чл. 159а/

Всяко НОЛ Пряк умисъл

-съзнава естеството на деянието

-цели неговото осъществяване

Особени цели: използване на жертви

1. за развратни действия

2. за принудителен труд

3. за отнемане на телесни органи

4. за държане в принудително подчинение

Трансграничен трафик на хора

/чл. 159б/

Всяко НОЛ Пряк умисъл

-съзнава естеството на деянието

-цели неговото осъществяване

Особени цели: използване на жертви

1. за развратни действия

2. за принудителен труд

3. за отнемане на телесни органи

4. за държане в принудително подчинение

Престъпления против правата на гражданите
Престъпление против граждански и политически права
Престъпления против националното и расовото равенство
Проповядване/подбуждане към расова или национална вражда, към расова омраза или към расова дискриминация

/чл. 162, ал.1/

Всяко НОЛ /обикновено не принадлежи към националността или расата, с/у които се проповядва Пряк умисъл – цели да формира отрицателно отношение /”вражда” или „омраза”/ към лица от определена раса или националност

*възможно е да цели установяване на расова дискриминация

Особени мотиви

1. расистки мотив – съвкупност от възгледи, според които расите се делят на висши и нисши, което именно оправдава и установяването на социално, икономическо и юридическо неравенство м/у хората от различнни раси поради определени биологични различия м/у тях

2. националистичен мотив – мироглед, според който нац. обособеност е повод за недоверие към другите нации и техни представители, за неприязнено и пренебрежително отн-е

3. политическа нетърпимост – омраза с/у тези, чиито политически възгледи не съвпадат с тези на субекта

4. етническа нетърпимост

Насилствени действия на основата на расова, етническа, религиозна или политическа нетърпимост

/чл. 162, ал. 2/

Всяко НОЛ Пряк умисъл
Образуване, ръководене или членуване в престъпна организация или група

/чл. 162, ал. 3 и 4/

Всяко НОЛ Пряк общ умисъл

-съзнават целите на групата

-съзнават, че са обединени от тези цели

Участие в тълпа

/чл. 163/

Всяко НОЛ Пряк общ умисъл

-имат обща цел – нападение на групи от населението, отделни граждани или техни имоти

Престъпления против изповеданията
Противозаконна пропаганда на религиозна основа

/чл. 164/

Всяко НОЛ Пряк умисъл – цели да предизвика у адресатите на проповедта неприязнени чувства към определена религия, възгледи или лица
Насилствени действия на основата на религиозна нетърпимост

/чл. 165/

Всяко НОЛ Пряк умисъл: съзнава

-че действа п/в волята на жертвите

-че извършването на даден обред или служба не противоречи на закона, на морала и че не нарушава общ. ред

-цели да не се проведе опр. ритуал или жертвата да участва в такъв ритуал

Противозаконно използване на религията за политически цели

/чл. 166/

Всяко НОЛ Пряк умисъл – действа с цел да образува политическа организация на религиозна основа
Престъпления против политическите права на гражданите
Противозаконно препятстване упражняването на избирателно право

/чл. 167/

Всяко НОЛ Пряк умисъл – цели жертвата да не упражни своето активно или пасивно избирателно право
Противозаконно упражняване на избирателно право

/чл. 168/

Само лице, което не е носител на упражняваното избирателно право Пряк умисъл

-съзнава, че няма правото, което упражнява

-цели да упражни съответното избирателно право

Нарушаване тайната на гласуването

/чл. 169, ал. 1/

Особен субект

-длъжностно лице, в кръга на чиято служба са включени опр. зад-я по осигуряване на нормалното протичане на изборния процес и запазване ~

-лице от състава на изб. комисия

Пряк умисъл – цели инф-ята, което е предмет на тайната, да бъде узната от него или от друго неоправомощено лице
Престъпно преправяне на изборен резултат

/чл. 169, ал.2/

Длъжностно лице, в кръга на чиято служба е включено зад-ето за вярно отчитане на изборния резултат или лице от състава на изб. комисия Пряк умисъл – цели изменението в действителния изборен резултат
Противозаконно препятстване упражняването на конституционни политически права

/чл. 169б/

Всяко НОЛ Пряк умисъл

-съзнава за кое точно право на пострадалия се създават пречки

-съзнава политическата воля на жертвата

-цели жертвата да не упражни опр. свое конституционно полит. право

Прест. засягане свободата на полит. убеждения и на избора на полит. принадлежност

/чл. 169а/

Всяко НОЛ Пряк умисъл

-съзнава политическите убеждения или съдържанието на волята на жертвата

-цели предприетото от жертвата политическо поведение

Прест-я п/в свободата на митингите, събранията и манифестациите

/чл. 174а/

Всяко НОЛ /ал. 1/

Особен субект /ал. 2/ – организатор -всеки, който участва при първоначалното съгласуване на волята на участниците в мероприятието

Пряк умисъл – съзнава правомерния, съответно неправомерния характер на нровежданото мероприятие
Престъпления против лични права
Нарушаване неприкосновеността на жилище

/чл. 170/

Всяко НОЛ

Въоръжено лице или две или повече лица – квалифициращо обстоятелство по ал. 2

Пряк умисъл

-съзнава, че нарушава неприкосновеността на жилището

-цели проникване или оставане в чуждо жилище

Нарушаване неприкосновеността на кореспонденцията

/чл. 171/

Всяко НОЛ, което не е адресат на предмета на прест-ето или което не може да се разпорежда с него на друго правно основание Пряк умисъл – съзнава, че кореспонденцията е чужда и че не е адресирана до него
Престъпления против лично-икономическите права на гражданите
Противозаконно препятстване упражняването на правото на труд

/чл. 172, ал. 1/

Всяко НОЛ Пряк умисъл

-съзнава какво е съдържанието на волята на жертвата

-цели препятстване упражняването на правото й на труд

Невъзстановяване на работа

/чл. 172, ал.1/

Само длъжностно лице, в кръга на чиято служба е изпълнението на съдебно решение за възстановяване на работа Пряк умисъл

-съзнава че има влязло в сила решение и съдържанието му

-цели пострадалият да не бъде възстановен на работа

Плагиатство

/чл. 173 и 174/

Всяко НОЛ

По чл. 174 – особен – лице с определено служебно положение, което има служебна власт над действителния автор или над съавторите на предмета на прест-ето

Пряк умисъл

-съзнава, че предметът на прест-ето не е резултат от негов творчески труд

-цели да бъде възприет като автор на съответното проиведение или изобретение

Престъпно ползване на чужда интелектуална собственост

/чл. 172а/

Лице, което не е носител на засегнатото право Пряк умисъл

-съзнава, че не е носител на правото

-съзнава, че отсъства съгласието на титуляра на правото

-цели използване на предмета

Престъпления против брака, семейството и младежта
Престъпления против брака, семейството и гражданското състояние
Укриване на законна пречка за брак

/чл. 176, ал. 1/

Особен – лице, по отношение на което съществува законна пречка за брак Пряк умисъл – съзнава, че по отн-е на него има законна пречка за брак, но въпреки това декларира, че такава няма
Противозаконно бракосъчетание

/чл. 176, ал. 2/

ДЛГС /председателя на ОС, кмета, други служебни лица, определени с писмена заповед/ Пряк умисъл

-съзнава, че съществува законна пречка за брак

-предвижда сключването на брака

-цели сключването на брака

Насилствено склоняване към встъпване в брак

/чл. 177, ал. 1/

Всяко НОЛ, включително другият встъпващ в брак Пряк умисъл

-съзнава, че пострадалият не желае този брак

-предвижда сключване на брака

-цели сключването му

-отнася се безразлично към възможността бракът да бъде обявен за недействителен

Отвличане

/чл. 177, ал. 2/

Всяко НОЛ Пряк умисъл

-съзнава, че пострадалата не желае да встъпи в брака, който той желае

-съзнава нежеланието й да бъде местена от едно място на друго

-предвижда нейното преместване

-пряко желае това

Особена цел – да принуди жертвата да встъпи в брак с него самия или с трето лице
Откуп

/чл. 178/

Даване/посредничене – всяко НОЛ

Получаване – само лице, което е родител или друг сродник на жертвата

Получаване/даване – пряк умисъл

-получаващият – предвижда преминаването на предмета на прест-ето в негова фактическа власт, съзнава целта на даващия, цели получаването

-даващият – предвижда преминаването на предмета на прест-ето във факт. власт на получаващия, цели той да го получи

Посредничене – пряк или косвен умисъл – предвижда даването или получаването, съзнава мотивите на даващия, предвижда евентуалното съгласие на получаващия, цели или се отнася безразлично към даването/получаването на откупа

Престъпно многобрачие

/чл. 179/

Само лице, което по време на сключване на брака е обвързано с друг законен брак /ал. 1/

Всяко НОЛ /ал. 2/

Пряк умисъл

-знае за наличието на друг брак

-предвижда сключването на 2ри брак

-желае сключването на 2ри брак

Злепоставяне на сродник

/чл. 181/

Лице, което е съпруг, низходящ или възходящ на пострадалия Пряк или евентуален умисъл

-съзнава, че родственикът се нуждае от грижи

-съзнава, че дължи тези грижи

-предвижда сериозното затруднение, в което ще изпадне пострадалият

-иска или се отнася с безразличие към това затруднение

Изоставяне без необходими грижи

/чл. 182, ал. 1/

Особен – родител или настойник Пряк или евентуален умисъл

-съзнава, че не полага необходимите грижи и че от това възниква опасност за правилното развитие на лицето

-желае или се отнася безразлично към тази опасност

Осуетяване изпълнението на решение относно родителски права и лични контакти с дете

/чл. 182, ал. 2/

Особен – само родител или друг сродник на детето Пряк или евентуален умисъл

-съзнава, че упражняването на родителски права или правото на лични контакти са уредени със съдебно решение

-предвижда осуетяване на изпълнението или неизп-е на реш-ето

-иска/допуска това

Неплащане на издръжка

/чл. 183/

Особен – лице, което е осъдено да издържа свой съпруг, възходящ, низходящ, брат или сестра Пряк умисъл

-предвижда неизбежното неплащане

-нарочно се поставя в невъзможност да дава издръжка, т.е. предвижда тази невъзможност и пряко я цели

Престъпно склоняване към участие в осиновяване

/чл. 182а, ал. 1 и 2/

Всяко НОЛ Пряк умисъл

-предвижда възможното вземане на решение за изоставяне на детето или даване на съгласие за осиновяване

-съзнава, че пострадалият е непълнолетен /ал. 2/ или характера на начините на въздействие /ал. 1/

-цели да получи съгласието

Користна цел
Престъпно посредничество към участие в осиновяване

/чл. 182а, ал. 3 и 4/

Всяко НОЛ Пряк умисъл

-съзнава какво желаят лицата

-иска те да постигнат съгласие

-цели противозаконна имотна облага

Користна цел
Престъпно укриване или замяна на гражданско състояние

/чл. 184, ал. 1/

Всяко НОЛ Пряк умисъл

-съзнава, че детето е малко

-предвижда, че след деянието данните за произхода му трудно могат да се установят или че ще бъдат заменени

-цели това

Користна цел – квалифициращо обстоятелство
Престъпно прибиране или задържане на дете

/чл. 185, ал. 1/

Всяко НОЛ Пряк умисъл

-съзнава, че детето е чуждо

-предвижда, че то ще остане при него и че местонахождението му не е известно

-цели детето да остане при него

Престъпления против младежта
Изтезаване на подрастващ

/чл. 187/

Само лице, което е длъжно да се грижи за постадалия или на което е възложено да възпитава последния Пряк умисъл

-предвижда физическите и психичните страдания на жертвата

-преко цели тези страдания

Принуждаване към пресъпление или проституция

/чл. 188/

Всяко НОЛ Пряк умисъл

-предвижда извършването на престъпление от жертвата или че тя може да се отдаде на проституция

-желае този резултат

Използване другиго за просия

/чл. 189/

НОЛ, под чиито грижи се намира пострадалият

Родител/настойник – квалифициращо обстоятелство /ал. 2/

Пряк умисъл

-съзнава, че жертвата се намира под неговите грижи

-предвижда нейната системна просия и че ще извлече материална полза

– пряко цели просията и изгодата

Престъпно опиване с алкохолни напитки

/чл. 193, ал. 1/

Всяко НОЛ Пряк или евентуален умисъл

-съзнава естеството на напитките и тяхното въздействие

-съзнава, че жертвата е под 18г или невменяем

-предвижда функц. смущения

-желае/отнася се безразлично към тях

Престъпна продажба на алкохолни напитки

/чл. 193, ал. 2/

Всяко НОЛ Пряк умисъл

-съзнава качеството на купувача

-съзнава, че купувачът лично ще употреби напитките

-цели тяхната продажба

Престъпно приемане на работа

/чл. 192а/

Всяко НОЛ Пряк умисъл

-съзнава възрастта на пострадалия и липсата на разрешение

-предвижда неизбежното приемане на работа в отсъствие на разрешението

-желае жертвата да работи според уговореното

Злоупотреба с родителска власт

/чл. 190/

Особен – само родител на пострадалото дете Пряк умисъл

-съзнава, че детето му не желае да живее на съпружески начала

-предвижда съжителството му с друго лице

-цели то да се осъществи

Престъпно заживяване на съпружески начала

/чл. 191, ал. 1/

Само пълнолетно лице от мъжки пол Пряк умисъл

-съзнава, че жертвата нямя 16г

-предвижда установяването на фактически отношения

-желае установяването на отн-ята

Съдействие за противозаконно съжителство

/чл. 191, ал. 2/

Само пълнолетно лице Пряк умисъл

-съзнава възрастта на лицата

-предвижда, че те ще заживеят съпружески

-иска м/у тях да се уст. тези отн-я

Престъпления против собствеността
Престъпно отнемане на вещи
Кражба

/чл. 194/

Само лице, което няма фактическа власт и не е собственик на вещта Само пряк умисък

-съзнава, че лишава от факт. власт владелеца на една вещ

-предвижда преминаването й в своя фактическа власт

-цели да установи тази власт

Присвоително намерение – желае след деянието да се разпорежда с предмета в свой или в чужд интерес
Грабеж

/чл. 198/

Само НОЛ, което не е собственик на вещта и което не владее вещта Само пряк умисъл

-ал. 1 – съзнава, че вещта се намира във владение на другиго, че тя е чужда, че владелецът не е съгласен тя да му бъде отнета и че това несъгласие се преодолява чрез упражнената принуда, цели да установи своя фактическа власт

-ал. 4 – съзнава състоянието, в което ще изпадне жертвата, че чрез него се осигурява възможност за отнемане на вещта, цели да установи факт. власт

-ал. 3 – съзнава, че току-що е извършил кражба, че се намира на местопрестъплението, че поне едно 3то лице може да прекрати факт. власт

Присвоително намерение

Особена цел – да запази владението върху откраднатата вещ

Престъпни присвоявания
Обсебване на чужда вещ

/чл. 206/

Особен – само лице, което има фактическа власт в/у предмета на прест-ето на правно основание, т.е. лице, което владее или пази предмета Само пряк умисъл: съзнава

-че предметът е чужда движима вещ

-че той я владее или пази на правно основание

-че му е позволено да върши определени действия с нея

-предвижда, че в резултат на разпореждането вещта ще премине в полза на самия него или на друг правен субект, като съзнава, че това е извън правомщията му

-цели да се разпореди противозаконно с вещта в свой или чужд интерес

Длъжностно присвояване

/чл. 201/

Само длъжностно лице Само пряк умисъл: съзнава

-че предмет на прест-ето са чужди пари или вещ

-че той му е връчен за пазене или управление или му е поверен в кач-во на длъжностно лице

-действията, позволени му да върши с него

-предвижда, че в резултат на разпореждането вещта ще премине в полза на него или на друг правен субект

-съзнава, че това излиза от правомошията му

-цели да се разпореди с вещта противозаконно в свой/чужд интерес

Присвояване на намерена вещ

/чл. 207, ал. 1/

Всяко НОЛ Умисъл – съзнава, че вещта е чужда, че я е намерил и че не съобщава комуто трябва местонахождението й
Присвояване по ал. 2 Всяко НОЛ Пряк умисъл – съзнава, че вещта е попаднала у него случайно или по погрешка, че е чужда, цели да се разпореди с нея като със своя
Присвояване на съкровище

/чл. 208/

Всяко НОЛ Пряк умисъл – съзнава, че е открил съкровище, цели компетентните органи да не узнаят за неговото съществуване и местонахождение
Измама и изнудване
Обикновена измама

/чл. 209/

Всяко НОЛ Пряк умисъл

-предвижда, че вследствие на неговото въздействие в/у измамения у последния ще възникнат неправилни представи или че поддържа вече възникнали такива представи, или че ги използва

-предвижда, че измаменото лице ще извърши акт на имущ. разпореждане и че в резултат едно чуждо имущ-во ще бъде увредено

-цели имотна облага за себе си/другиго

-съзнава неизбежността на вредата

Особена користна цел
Документна измама

/чл. 212 и 212б/

Всяко НОЛ Само пряк умисъл

-съзнава, че използва/създава док-нт с невярно съдържание, неистински или преправен док-нт

-съзнава, че отсъства действително основание за разпореждане с имущ-вото

-предвижда заблуждението на измаменото лице

-предвижда акта на имуществено разпореждане

-ал. 1 – предвижда и цели да получи имуществото

-ал. 2 – предвижда и цели получаването на имущ-вото от друг

Намерение да присвои предмета на престъплението

Компютърна измама

/чл. 212а/

-ал. 1 – всяко НОЛ, което няма право да променя комп. инф. данни/което не е титуляр на електронния подпис

-ал. 2 – всяко НОЛ, което няма право да въздества в/у инф. масив

Пряк умисъл – съзнава естеството на промяната и я предвижда; предвижда възможността променените данни да бъдат възприети от друг субект; предвижда, че у измамения ще възникнат неверни представи или че затвърджава съществуващи такива; предвижда юрид. постъпка на измамения и последиците й – вреда.

-съзнава, че подписът е чужд; предвижда, че адресатът на ел. изявление ще осъществи определено поведение и че от него ще жъде причинена вреда другиму

-цели причиняване на вредата

Пряк умисъл – предвижда и цели промяна в масива; съзнава, че няма право да внася промяната

Особена цел – да набави за себе си или другиго имотна облага /всяко положително изменение в общественото положение на дееца или на трето лице/

Особено намерение – да получи лично нещо, което не му се следва

Застрахователна измама

/чл. 213/

Особен – собственикът на осигуреното имущество Пряк умисъл

-съзнава, че въздейства в/у свое осигурено имущество

-предвижда разрушаването, повреждането или унищожаването на предмета на прест-ето

-желае този резултат

Особена измамлива цел – да създаде у застрахователя погрешната представа за настъпване на застр. събитие и така да получи обезщетение за претърпените вреди, което е предвидено в договора
Изнудване

/чл. 213 и 214/

Всяко НОЛ -чл. 214 – Пряк умисъл

-съзнава съдържанието на волята на жертвата – не желае да се разпорежда

-предвижда,че жертвата ще реши да се разпореди вследствие на принудата

-цели, иска разпореждането

-предвижда имотната вреда

– чл. 213а – Пряк умисъл

-съзнава, че жертвата не желае да се разпорежда/поема задължение

-предвижда, че у жертвата може да възнникне страх вследствие заплашването

-цели възникването на страх

Користна цел – да набави за себе си или за другиго имотна облага

Особена цел – да принуди пострадалия да извърши известни разпоредителни действия или да поеме имуществено задължение въпреки нежеланието му

Унищожаване и повреждане
~ на чужда вещ

/чл. 216, ал. 1/

Всяко НОЛ, което не е собственик на вещта Пряк или косвен умисъл

-съзнава, че въздейства в/у чужда вещ

-предвижда унищожаването/повреждането

-пряко цели/отнася се с безразличие към този резултат

Непредпазливост

~ ипотекирано или заложено имущество

/чл. 216, ал. 2/

Особен – само собственик или съсобственик на предмета на прест-ето Пряк или косвен умисъл

-съзнава наличие на ипотека/залог

-предвижда отрицателното изменение на вещта

-желае/примирява се с унищожаването или повреждането на вещта и засягането интереса на кредитора

Непредпазливост – самонадеяност или небрежност

Злоупотреба с доверие и вещно укривателство
Класическа злоупотреба с доверие

/чл. 217, ал. 1 и 2/

-ал. 1 – НОЛ, което е натоварено да пази или управлява чуждо мущество на някакво правно основание

-ал. 2 – „представител” или „пълномощник”

Пряк или косвен умисъл

-съзнава естеството на действието/бездействието и че в резултат от него ще се намалят активите/увеличат пасивите на им-во

-съзнава кои са законните интереси на представлявания

-иска/примирява се с ощетяване на имуществото

Злоупотреба със запорирана или заложена вещ

/чл. 217, ал. 3/

Особен:

-запорирана вещ – собственика/3то л.

-заложена вещ – заложния кредитор или 3то л./обикновен залог/ или собственикът на вещта/особен залог/

Само пряк умисъл

-знае, че вещта е обременена със залог или запор

-съзнава, че няма разпоредителна власт над нея

-предвижда, че след разпореждането няма да може да бъде продадена

-цели този резултат или съзнава неговата неизбежност

Вещно укривателство

/чл. 215/

НОЛ, което не е участвало в предходното прест-е или общ. опасно деяние Само пряк умисъл

-знае или предполага, че вещта е придобита от другиго чрез прест-е

-предвижда, че вещта ще бъде скрита или ще премине в негова факт. власт

-цели вещта да бъде скрита, придобита от него или отчуждена

Користна цел – да придобие за себе си или другиго имотна облага
Престъпления против стопанството
Общи стопански престъпления
Безстопанственост

/чл. 219/

-ал. 1 – длъжностно лице, на което е възложено ръководенето, стопанисването, управлението и запазването на опр. имущ-во и изп-ето на стопански задачи въобще

-ал. 2 – длъжностно лице, на което е възложено да упражнява контрол в/у дейността на лицата по ал. 1

Непредпазливост:

-самонадеяност

-небрежност

Подкуп в сферата на търг. дейност /чл. 225в/ -ал. 1 – особен – лице, което изпълнява работа/ работи за ЕТ или ЮЛ, занимаващо се със стопанска дейност

-ал. 2 – особен – лице, което осъществява търговска дейност

Престъпления против кредиторите
Незаявяване на неплатежоспособност

/чл. 227б/

Особен – търговец; лица, които управляват и представляват търговското дружество; прокурист Само пряк умисъл

-съзнава настъпилата неплатежоспособност

-съзнава, че не изпълнява своето зад-е да уведоми съответния субект

Умишлен банкрут

/чл. 227 в/

Особен – търговец /ФЛ – ЕТ/ или лице, което упражнявапредставителни и управителни функции в търговско дружество или кооперация Пряк или косвен умисъл

-съзнава, че има открито производство по несъстоятелност

-съзнава, че деянието може да засегне отрицателно масата на несъстоятелността

-съзнава сигурното/неизбежно настъпване на значителни щети /пряк/

-допуска настъпването на значителни щети /косвен/

Непредпазлив банкрут

/чл. 227д/

Особен – търговец /ФЛ – ЕТ/ или лице, което упражнявапредставителни и управителни функции в търговско дружество или кооперация Непредпазливост:

-небрежност

-самонадеяност

Престъпления против промишлеността
Престъпно нареждане/допускане на производство /чл. 228, ал. 1/ Особен:

1. ръководител

2. контролен орган

Пряк или косвен умисъл

-цели/примирява се да се произведат съответните пром. произведения

Престъпно отразяване на качество

/чл. 228, ал. 2/

Особен – контролен орган, който длъжен да проверява отговарят ли стоките на необходимите изисквания
Престъпления в областта на търговията
Престъпно пускане на стоки в продажба

/чл. 231/

Ръководител на търговско или снабдително предприятие, началник склад на предприятие за търговия на едро, управител на магазин Пряк или косвен умисъл
Измама на купувач

/чл. 232/

Особен – лице, което по конкретен договор за продажба се явява продавач по смисъла на ЗЗД Пряк умисъл

-цели да възникне невярна представа у купувача

Престъпления шротив горското стопанство
Престъпен добив на дървен материал

/чл. 235/

Всяко НОЛ Пряк умисъл

-съзнава, че няма разрешение или че излиза от неговите параметри

-цели извършване на дейностите

Унищожаване и повреждане на горски фонд /чл. 236/ Всяко НОЛ Пряк или косвен умисъл
Престъпления против митническия режим
Квалифицирана контрабанда /чл. 242/ Всяко НОЛ Пряк умисъл
Престъпления против паричната и кредитната система
Подправка на парични и други финансови знаци

/чл. 243/

Всяко НОЛ Пряк умисъл

-съзнава създаването на неистински знаци

-цели този резултат

Прокарване в обращение на неистински знаци

/чл. 244/

Всяко НОЛ Пряк умисъл
Престъпно използване на платежни инструменти /чл. 249/ Всяко НОЛ Пряк умисъл

-съзнава, че ползва платежен инструмент

-съзнава, че отсъства съгласието на титуляра

-цели използването на документа по предназначение

Престъпления против републиката
Измяна

/чл. 95/

Всяко НОЛ Пряк умисъл Противодържавна цел:

1. събаряне на властта

2. подравяне на властта

3. отслабване на властта

4. затрудняване на властта

Политическо убийство

/чл. 96, ал. 1/

Всяко НОЛ Пряк умисъл

-съзнава общественото положение на предмета на престъплението

-цели да засегне вътрешната сигурност на сраната

Противодържавна цел
Терористични действия чрез общоопасно прест-е /чл. 96, ал. 3, чл. 97/ Всяко НОЛ Пряк умисъл Противодържавна цел
Престъпления против външната сигурност
Предателство

/чл. 98-103/

-чл. 98 и 99 – всяко НОЛ

-чл. 100 и 101 – особен – български гражданин

-чл. 103 – особен – лице, действащо като представител на държавата

Пряк умисъл

→съзнава, че с действията си подпомага чужда държава в действията й с/у Б-я и че тези действия са враждебни /чл. 100/

→съзнава необходимостта да се върне в страната и съзнателно отказва /чл. 101/

→съзнава, че начинът, по който представлява държавата, ще увреди интересите й  и цели неблагоприятните последици/чл. 103/

Особена цел

→деецът да се постави в услуга на чужда дъжава/организация, за да й служи във вреда на републиката /101/

→да се намали отбранителната способност на републиката /102/

Шпионство

/чл. 104-105/

Всяко НОЛ Пряк умисъл

-съзнава естеството на информацията

-съзнава, че тя неизбежно ще се узнае от представителя на чужда държава

Особена цел – да издаде на чужда държава/организация държавна тайна
Престъпления против икономическите основи на републиката
Диверсия /чл. 106/ Всяко НОЛ Пряк умисъл – съзнава значението на предмета Особена цел – да отслаби властта или да й създаде затруднения
Вредителство /чл. 107/ Ръководител или лице с отговорно поведение/задачи в нац. стопанство Пряк умисъл Особена цел – да отслаби властта или да й създаде затруднения
Престъпления против реда на управлението
Противоправно мотивиране към служебни действия /269/ Всяко НОЛ Пряк умисъл

-съзнава качеството орган на власт

-цели постигането на конкретна цел

Препятстване орган на власт /чл. 270/ Всяко НОЛ Пряк умисъл – съзнава, че действието или бездействието създават препятствия по изпълнението на служба
Прест-я, свързани с официални удост. знаци

/чл. 276-277/

Всяко НОЛ Пряк умисъл
Престъпления против режима за преминаване на границата
Противозаконно преминаване на границата /чл. 279/ Всяко НОЛ Пряк или косвен умисъл

-съзнава, че преминава границата и че прави това без разрешение или извън определените места

-цели преминаването

Каналджийство /чл. 280/ Всяко НОЛ Пряк умисъл
Престъпления по служба
Престъпно нарушаване или неизпълнение на зад-я, превишаване на власт/права /чл. 282/ Длъжностно лице, което изпълнява служба в държавно учреждение или ръководна работа в публичен субект

Орган на власт

Пряк умиъл – съзнава, че могат да настъпят немаловажни последици Особена алтернативна цел – набавяне на облага или причиняване на вреда
Използване на служебно положение /чл. 283/ Длъжностно лице Пряк умисъл – съзнава, че лицето, от което ще получи облага, съзнава положението му на дл. лице и му дава облагата в това качество Цел – да набави противозаконна облага за себе си или трето лице
Откриване на служебна тайна /чл. 284/ Длъжностно лице;

Недлъжностно лице, което работи в държавно учреждение, предприятие или обществена организация;

Вещо лице, преводач или тълковник

Пряк умисъл

-съзнава, че сведенията са тайна, т.е. че съществуваограничение за разгласяването на информацията

-предвижда, че ще настъпи вреда за субекта, в полза на който е установена

Допустителство /чл. 285/ Длъжностно лице, на което е подчинено 3то лице, което извършва престъпление Пряк или евентуален умисъл

-съзнава, че подчиненото лице върши прест-е

-цели/съгласява се с това

Престъпления против правосъдието
Набедяване /чл. 286/ Всяко НОЛ Пряк умисъл

-съзнава, че набеденият не е извършил прест-ето и че доказателствата са неистински

-съзнава, че органът ще възбуди производство

Лъжесвидетелстване

/чл. 290/

Особен – свидетел, преводач или тълковник Пряк или евентуален умисъл

-съзнава истината и цели да я изопачи

-съзнава, че фактите евентуално не съответстват на истината, но затаява тази своя несигурност, отнася се с безразличие към истинността

Даване на невярно заключение

/чл. 291/

Особен – вещо лице Умисъл или непредпазливост
Лично укривателство

/чл. 294/

Всяко НОЛ Пряк или косвен умисъл

-знае какво е извършеното прест-е, а също и че осуетява нак. преследване

-досеща се какво може да прест-ето, но не знае със сигурност

Изтръгване на показания, признания и т.н. /чл. 287/ Особен – дл. лице, в кръга на службата на което е включено събирането на инф-я с пр. значение Пряк умисъл

-съзнава, че действията са противозаконни

-цели да мотивира лицето п/в волята му да даде признания, показания

Особена цел
Подкуп

1. активен

2. пасивен

1. дл. лице, арбитър, вещо лице, повереник или защитник

2. всяко НОЛ

Пряк умисъл

1. съзнава, че му се предлага облага във връзка с неговите действия, както и че облагата не му се полага по закон; преследва определена цел – да получи облагата

2. цели да мотивира получаващия подкупа да осъществи правомерно поведение по служба

Провокация към подкуп

/чл. 307/

Всяко НОЛ Предварителен умисъл Особена цел – да навреди на този, който ще даде или получи подкупа
Документни престъпления
Материална подправка на документ

/чл. 308/

Всяко НОЛ, което не е автор/няма право да внася изменения в документа Само пряк умисъл
Подправка на частен документ /чл. 309/ Всяко НОЛ Пряк умисъл
Интелектуална подправка на документ

/чл. 311/

Особен – дл. лице, което в кръга на служебните си задължения съставя официален документ Пряк умисъл

-цели използването на документа

Престъпно ползване на документи

/чл. 316-317/

Всяко НОЛ Пряк умисъл

-съзнава, че използваният док-нт е противоправно съставен и че се предявява на лице все едно че е редовен

-сънава, че противозаконно си служи с документ, предназначен за друго лице

Особена цел – да заблуди орган на власт

Престъпно премахване на документ /чл. 319/ Всяко НОЛ Пряк умисъл Особена цел – да се причини другиму вреда или да се набави за себе си или другиго облага
Престъпления против реда и общественото спокойствие
Хулиганство /чл. 325/ Всяко НОЛ Пряк или евентуален умисъл

-съзнава, че с поведението си грубо нарушава общ. ред и изразява абсолютното си неуважение към общ. порядки

-цели/допуска това да стане в обстановка и по начин, описани в състава

Самоуправство /чл. 323/ Всяко НОЛ, което е страна по спор за право Умисъл

-съзнава конкретно, че има ред за упражняване на правото

-съзнава, че правото е оспорвано от друг правен субект

Орг. престъпна група

/чл. 321/

Пряк умисъл – цели извършване на престъпление
Устройване/участие в харатни игри /чл. 327/ Пряк умисъл
Общоопасни престъпления
Палеж /чл. 330-332/ Всяко НОЛ

Непредпазливо – лице, което не е собственик – особен субект

Умисъл

Непредпазливост

Характеристика на обективната страна на отделните видове престъпления

•март 28, 2010 • Вашият коментар

Система на Особената част на

Наказателния кодекс

Характеристика на обективната страна на отделните видове престъпления

Престъпление Предмет Изпълнително деяние Въздействие в/у предмета Особености на обективната страна
Престъпления против правата на човека
Престъпления против личността
Престъпления против живота и здравето
Убийство

/чл. 115/

Пострадалият; жертвата „умъртви” – въздействие в/у организма на пострадалия, което е от естество да предизвика неговата биологична смърт

Действие/бездействие

Резултатно

→ „умъртви” – настъпване на биологичната смърт на жертвата, тя престава да бъде жив индивид от биологичното битие

Причинна връзка между деянието и смъртта – тя може да настъпи непосредствено след деянието или в резултат на по-продължителен причинен процес
Криминален аборт

/чл. 126, ал.1/

Особен – жизнеспособен човешки зародиш Противоправно умишлено умъртвяване на плода вътре в утробата на бременната, като се използват вътрешни абортативни средства или външни механични въздействия Резултатно

Довършено с причиняване на биологичната смърт на човешкия плод

1. Съгласие на бременната /по чл. 1/ – изрично писмено или устно волеизявление, което по съдържание е насочено към прекъсване на бременността, направено лично от дееспособна жена

2. В нарушение на правилата и извън здравно заведение

Участие в самоубийството на другиго

/чл. 127, ал. 1/

Пострадалият; жертвата Две форми

Подпомагане и Склоняване

Резултатно

→ предприетото от пострадалия поведение

1. Качества на жертвата – лице, което може да формира правно валидна воля – пълнолетен, вменяем

2. Съдържание на волята на жертвата – съзнава, че предприетото от него поведение е от естество да причини смъртта му и цели това

Умишлено довеждане другиго до самоубийство

/чл. 127, ал. 3/

Пострадалият; жертвата Престъпно мотивиране

– чрез жестоко отнасяне

– чрез системно унизяване на достойнството

Резултатно

→ поведението на жертвата, която е извършила самоубийство или опит

Пряка и непосредствена причинна връзка м/у жестокото отнасяне/унизяване и решението за самоубийство
Телесни повреди

/чл. 128-134/

Пострадалият Действие/бездействие Резултатно увреждащо

→ по съставите

Заразяване другиго с венерическа болест

/чл. 135/

Пострадалият – лице, нестрадащо от венерическа болест Действие/бездействи Резултатно

Довършено с проникване на заразата в организма на жертвата

Злепоставяне
Нарушаване правилата за охрана безопасността на труда /чл. 136, ал. 1/ Пострадалият – лице, което участва в трудовата дейност Действие/бездействие

Нарушаване на правила за охрана на безопасността на труда, установени в нормативен акт

Резултатно

Довършено с възникване на опасност за живота или за здравето на пострадалия

Трудовата дейност, чиято безопасност е предмет на особена регламентация в закон или в подзаконов НА, към които препраща бланкетната разпоредба на чл. 136
Злепоставяне на лице, което се намира в опасност Пострадалият Продължено прест-е, което трае непрекъснато до отминаване на опасността – винаги включва бездействие

– по чл. 137 – двуактно → излагане на опасност + неоказване на помощ

– по чл. 138-141 – достатъчно бездействие – неоказване на помощ

Формално 1. Опасността възниква като резултат от поведението на пострадалия по чл. 137 и чл. 140

2. Състояние на пострадалия

– „безпомощност” по чл. 137 и чл. 138

– „болестно състояние” по чл. 137, чл. 138 и чл. 141

– „родилка” по чл. 141, ал. 1 и 2

Престъпления против свободата на личността
Противозаконно лишаване от свобода

/чл. 142а/

Пострадалият – лице, по отношение на което няма законно основание да бъде лишено от свобода Продължено прест-е

Трайното престъпно състояние съществува до прекратяването му и продължава до освобождаване на жертвата

Действие/бездействие/

съвкупност от действие и бездействие

Резултатно

Довършено в момента, в който възможността за свободно придвижване на жертвата е ограничена

1. Съдържание на волята на жертвата – несъгласие

2. Продължителност във времето на противозаконното лишаване от свобода – да не е траяло повече от две денонощия

3. Лишаването от свобода да е противозаконно

– да не съществува законно основание

– ако има основание, да не спазени процесуалните изисквания

– деянието да е извършено от неоправомощено лице

Отвличане

/чл. 142/

Пострадалият – всяко ФЛ Само чрез действие

1. ограничаване възможността на пострадалия да се придвижва свободно в пространството

2. преместване/отвеждане на пострадалия на друго място принудително

Резултатно

Довършено, когато пострадалият бъде преместен, т.е. когато бъде променено принудително местонахождението му

Възможен само недовършен опит
Престъпления против свободното формиране на волята и на избора на поведение
Принуда

/чл. 143/

Пострадалият Противоправно мотивиране на пострадалия към поведение, което деецът желае

3 форми

– използване на сила

– заплашване

Злоупотреба с власт

Резултатно

→ поведението на пострадалия, който извършва, пропуска или претърпява нещо, противно на своята воля

1. Съдържание на волята на жертвата – тя предприема поведение противно на волята си; съзнава, че поведението й противоречи на интересите й; предприема поведение от страх, че ако не извърши исканото от дееца, ще настъпят по-неблагоприятни последици
Задържане на заложник

/чл. 143а/

1. Лицето, задържано като заложник

2. Държавата, ФЛ, ЮЛ, на които се поставя определено условие

Двуактно продължено прест-е

1. противозаконно лишаване от свобода най-малко на едно лице /междинен резултат/

2. съобщаване на държавата/ ФЛ/ЮЛ на осъщественото задържане и поставяне на определено условие

Довършено с узнаване на условието от страна на адресата, но трае непрекъснато до освобождаване на задържания като заложник Противозаконното лишаване от свобода е метод, начин за мотивиране на лицето, от което се изисква определено поведение и което то не желае да осъществи
Закана с престъпление

/чл. 144/

Пострадалият Обективиране на намерение от дееца към пострадалия, че ще извърши престъпление с/у него или негови ближни

Само чрез действие /устно, писмено, по друг начин/

Довършено, когато пострадалият възприеме заканата с прест-е, когато обективираното намерение стигне до съзнанието на жертвата 1. Заканата да е с прест-е било п/в личността, било п/в имота на пострадалия или негови ближни

2. Заканата да създава възможост за възбуждане у жертвата на основателен страх от извършване на престъплението

Престъпления против доброто име, честта и достойнството на личността
Откриване на професионална тайна

/чл. 145, ал. 1/

Информация относно действителни факти и обстоя-

телства, които се отнасят до конкретно ФЛ и които са опасни за доброто име на пострадалия

Лицето, на което тя се съобщава

Откриване, съобщаване на поне едно неоправомощено лице на съответните обстоятелства Резултатно

Довършено с узнаването на съответната инф-я от лицето, на което е съобщена

1. Издаването да е противозаконно – да е свързано с узнаването на съответните факти и обстоятелства от неоправомощено лице.

2. Отношение на субекта към предмета – сведенията са му поверени или са му станали известни във връзка с неговото занятие.

3. Тайната са действителни факти и обстоятелства от живота на конкретен човек.

4. Инф-ята е опасна за доброто име на това лице.

5. Тайната е чужда.

6. Възможен опит

Престъпно разгласяване тайната на осиновяването

/чл. 145, ал. 2/

Особен – тайната на осиновяването

Лицето, на което се съобщава

Съобщаване факта на осиновяването на осиновения или на което и да е друго лице, което изрично не е оправомощено да знае този факт Резултатно

Довършено, когато осиновеният или лицето, на което се съобщава за осиновяването, узнаят за него

1. Множество пострадали – осиновения, осиновителите и членовете на тяхното семейство

2. Възможен опит

Престъпно използване на информация

/чл. 145а/

Инф-я, събрана чрез използване на СРС Каквото и да е неправомерно използване на инф-ята извън нейното предназначение за целите на нак. производство или за опазване на нац. сигурност

Само чрез действие – обнародване, разгласяване и др.

Формално

Довършено с факта на неправомерно използване

1. Пострадали – всички лица, до които се отнася инф-ята

2. Инф-ята се отнася до действителни факти

Обида

/чл. 146/

2 форми

– чрез думи – „каже” – деецът казва нещо унизително за достойнствот на засегнатия

– чрез действие – деецът извършва нещо унизително

Само чрез действие

Резултатно

Довършено, когато унизителните за честта и достойнството на пострадалия думи или действия бъдат възприети от него

1. Деянието трябва да е извършено в присъствието на пострдалия, т.е. той да има възможност да възприеме обидните думи или действия.

2. Възможен е опит.

3. Без значение е дали казаното е истина.

4. Пострадал може да бъде само конкретно ФЛ.

Клевета

/чл. 147/

2 форми

– разгласяване на неистинско позорно обстоятелство за пострадалия – довеждане до знанието на 3то лице

– приписване на пострадалия на неизвършено от него прест-е

Резултатно

Довършено, когато поне едно трето лице е узнало твърдението на дееца

1. Позорното обстоятелство трябва да е неистинско или приписваното престъпление да не е извършено от пострадалия.

2. Пострадал е конкретно ФЛ.

3. Прест-ето се извършва в отсъствие на пострадалия, защото съответните твърдения се отправят пред трето лице.

Престъпно ползване на инф-я от архива на МВР

/чл. 148а/

Неправомерно придобита информация, съхранявана в архива на МВР Разгласяване на информацията устно, чрез печатно произведение или по друг начин

Само чрез действие

Резултатно

Довършено, когато данните, обстоятелствата или твърденията станат достояние на множество лица или бъдат узнати поне от едно 3то лице

1. Информацията трябва да е придобита неправомерно.

2. Пострадал е лицето, за което се отнася инф-ята.

Престъпления против половата неприкосновеност на личността и против половия морал
Блудство

/по чл. 149/

/по чл. 150/

Само чрез действие, което е от естество да възбуди или удовлетвори полово желание без съвкупление Формално

Довършено с извършване на самото действие

1. Пострадалият е лице, ненавършило 14 години

2. Полът на лицето няма значение

Двуактно престъпление

1. Използване на сила или заплашване/привеждане на жертвата в безпомощно състояние

2. Извършване на действие, което е от естество да възбуди или удовлетвори полово желание без съвкупление

формално 1. Пострадал е лице, навършило 14 години

2. Деянието се осъществява против волята на пострадалия

Съвкупление с малолетен и невменяем

/ чл. 151/

Само чрез действие – съвкупление Резултатно

Довършено с извършване на действиет

1. Особено качество на пострадалия – ненавършило 14 години лице или невменяем.

2. Съгласието на пострадалия не изключва престъпния характер на деянието.

Изнасилване

/чл. 152/

Извършване на съвкупление с пострадалата

– по ал. 1 – с лице, лишено от възможност за самоотбрана и без негово съгласие

– по ал. 2 – двуактно – принуждаване към съвкупление със сила или заплашване + съвкупление

– по ал. 3 – двуактно – привеждане на жертвата в безпомощно състояние + съвкупление

Резултатно

Довършено, когато се осъществи съвкуплението

1. Жертва е само лице от женски пол.

2. Съдържание на волята на жертвата – липсва съгласие.

Съвкупление при използване на зависимост

/чл. 153/

Само чрез съвкупление без заплахи, със съдействащото поведение на жертвата Резултатно

Довършено с осъществяване на съвкуплението

1. Отношения между дееца и жертвата

– служебна зависимост

– материална зависимост

2. Представи на жертвата относно възможностите на дееца да засегне отрицателно нейни интереси.

3. Съдържание на волята на жертвата – липса на съгласие.

Кръвосмешение

/чл. 154/

Доброволно съвкупление м/у възходящи и низходящи, братя и сестри, осиновители и осиновени Резултатно

Довършено с осъществяване на съвкуплението

1. Отношения на родство м/у съизвършителите.

2. Налице е необходимо съучастие.

Отвличане с цел разврат

/чл. 156/

Отвличане – съставно прест-е – противозаконно лишаване от свобода на пострадалата и принудителното и преместване на друго място Резултатно

Довършено с преместване на жертвата с цел след това да бъде предоставена за развратни действия

Жертва е само лице от женски пол
Престъпни хомосексуални действия

/чл. 157/

Полово сношение или действие на полово удовлетворение

– по ал.1 – двуактно + използване на принуда/ положение на зависимост или надзор

Резултатно Възможен е само недовршен опит

Жертвата е лице от същия пол като дееца, по ал. 2 е лице под 14 години, а по ал. 3 – невменяем

Сводничество

/чл. 155/

помещение

– ал. 1 – склоняване към проституция – оказване на психично въздействие в/у друго лице с цел мотивирането му да участва в съвкупление и т.н.

– ал. 2 – свождане към блудствени действия или към съвкупление – създаване на условия чрез съгласуване волята на участващите

– ал. 3 – предоставяне на помещение за развратни действия /прест-е на системно извършване/

Формално; довършено с вземане на решение от склоняваното лице

Порнография

/чл. 159/

Особен – произведение с порнографско съдържание създаване, излагане, представяне, излъчване, предлагане, продажба, даване под наем, разпространение по друг начин /примерно изброяване/

само чрез действие

Формално

Довършено с извършване на самото действие

Средствата на престъплението се отнемат в полза на държавата.
Трафик на хора
Обикновен трафик на хора

/чл. 159а/

ИД трябва задължително да включва една от следните форми: набиране, транспортиране, укриване или приемане

Действието е задължителен елемент на ИД

Формално

Довършено с факта на осъществяване на елемент от някоя от дейностите

1. Съгласието на пострадалия/те няма значение за съставомерността на деянието.

2. Няма значение мястото, където се извършва деянието – в България, чужбина, една или няколко държави.

Трансграничен трафик на хора

/чл. 159б/

Двуактно прест-е

1. една от формите по 159а

2. превеждане през границата на страната

Резултатно

Довършено с преминаване на държавната граница от поне един пострадал

Трябва да е налице преминаване само през българската граница.

Посоката на преминаване е без значение.

Престъпления против правата на гражданите
Престъпление против граждански и политически права
Престъпления против националното и расовото равенство
Проповядване/подбуждане към расова или национална вражда, към расова омраза или към расова дискриминация

/чл. 162, ал.1/

Едно или няколко лица, в/у които деецът въздейства 2 форми

– проповядване – психическо въздействие в/у едно или няколко лица, което е от естество и цели да внуши у адресатите отрицателно отн-е към представителите на друга нация или раса

– подбуждане – психично въздействие в/у едно или няколко лица, което е от естество и цели да мотивира адресатите към противозаконни враждебни действия с/у едно или няколко лица от друга раса или националност

Формално

Довършено с факта на осъществяване на ИД

Не е необходимо лицата, в/у които се въздейства да са предприели поведение или да у тях да са възникнали целените от дееца чувства

Пострадалите са лица от определена раса или националност.
Насилствени действия на основата на расова, етническа, религиозна или политическа нетърпимост

/чл. 162, ал. 2/

Пострадалият или чужд имот 2 форми

– употреба на насилие – физическо въздействие в/у пострадалия с цел той да бъде мотивиран към определено поведение или да бъде увреден физически

– повреждане на имот – непосредствено физическо въздействие в/у вещта, в/у нейната субстанция

Формално

Довършено с факта на употребеното физическо въздействи

Резултатно

→ повреда на имота на пострадалия

Образуване, ръководене или членуване в престъпна организация или група

/чл. 162, ал. 3 и 4/

3 форми

– образуване – участие в първоначалното съгласуване на волята на участниците и при самото организационно изграждане на групата

– ръководене – упражняване на ръководни функции чрез поставяне на общи или конкретни задачи в изработването на план или чрез други указания

– членуване – присъединяване към групата, изразяване на желание за участие в осъществяването на поставените от нея цели

формално Налице е особена форма на задружна престъпна дейност.
Участие в тълпа

/чл. 163/

3 форми

– участие – присъствие на мястото, където тълпата се е събрала

– предвождане – поставяне на конкретни задачи, насочване към непосредствени прояви

– подбуждане на тълпа – дейност по събиране или организиране на множество от хора или даване идея тълпата да се насочи към постигане на определена цел

формално Форма на задружна престъпна дейност
Престъпления против изповеданията
Противозаконна пропаганда на религиозна основа

/чл. 164/

Проповядване на омраза на религиозна основа – психично въздествие в/у едно или няколко лица, което е от естество и цели да внуши у адресатите отрицателно отношение към лица с определени религиозни или атеистични възгледи, към самите възгледи или към обществени обединения с такива възгледи

Само чрез действие

формално Начин на осъществяване на престъплението – чрез слово, печат, действие или по друг начин
Насилствени действия на основата на религиозна нетърпимост

/чл. 165/

2 форми

– създаване на обективни пречки за гражданите свободно да изповядват своята вяра или да извършват религиозни обреди и служби

– насилствено мотивиране на жертвата да участва в религиозни обреди или служби

Формално

Резултатно

Довършено с предприемане на действия от жертвата

1. Начин – употреба на физическо или психично насилие

2. Съдържание на волята на пострадалия

– по ал. 1 – реално насочена към упражняване на култа

– по ал. 2 – реално насочена към неучастие в религиозен обред или служба

3. Необходимо е религиозните обреди и служби да не нарушават законите на страната, обществения ред и добрите нрави.

Противозаконно използване на религията за политически цели

/чл. 166/

2 форми

– координиране волята на множество лица с цел да бъде създадена политическа организация на религиозна основа

– използване на църквата или религията за пропаганда п/в народната власт

формално
Престъпления против политическите права на гражданите
Противозаконно препятстване упражняването на избирателно право

/чл. 167/

Пречене другиму да упражни свое избирателно право

– създаване на обективни пречки за упражняването му

– въздействие в/у самите носители на правото

Формално Начин – измама, насилие, заплашване или друг незаконен начин
Противозаконно упражняване на избирателно право

/чл. 168/

– активно изб. право – гласуване от лице, което няма това право

– пасивно изб. право – предприемане на действия, предвидени в съответните избирателни закони

Формално
Нарушаване тайната на гласуването

/чл. 169, ал. 1/

Особен – тайната на гласуването Узнаване от дееца или даване възможност на трето лице да узнае съдържанието на направеното при гласуване волеизявление Резултатно
Престъпно преправяне на изборен резултат

/чл. 169, ал.2/

Преправяне – добавяне в урната на бюлетини, подмяна на бюлетини, невярно преброяване, отразяване на неверни данни в протоколите и т.н. Резултатно

Довършено, когато настъпи изменение в данните, отразяващи изборен резултат

Време на извършване – заключителната фаза на изборния процес – от запечатване на изборните урни до обявяване на окончателните резултати
Противозаконно препятстване упражняването на конституционни политически права

/чл. 169б/

„попречи на някого да осъществи своите конституционни политически права” – препятстване упражняването на  другите права извън тези, защитени от специални норми Резултатно

→ деецът реално да е попречил на жертвата да осъществи своите права

Начин – незаконен, например чрез използване на насилие или заплашване и др.
Прест. засягане свободата на полит. убеждения и на избора на полит. принадлежност

/чл. 169а/

Противоправно принуждаване на пострадалия да участва или да напусне полит. организация, която може да има различна организационна форма – партия, организация, движение Резултатно

→ поведението на пострадалия – да е изпълнил желанието на субекта

Начин – незаконен, например чрез използване на насилие или заплашване и др.
Прест-я п/в свободата на митингите, събранията и манифестациите

/чл. 174а/

Събрание

Митинг

Манифестация

3 форми

– разтуране на мероприятие

– попречване да се проведе мероприятие

– провеждане на мероприятие, което е забранено или прекратено от публичната власт

Резултатно

Резултатно/формално

1. Мероприятието да е допустимо.

2. Мероприятието да е забранено или прекратено от публичната власт на законно основание.

Престъпления против лични права
Нарушаване неприкосновеността на жилище

/чл. 170/

Особен – чуждо жилище 2 форми

– по ал. 1 – двуактно – употреба на сила, заплашване, хитрост, ловкост, злоупотреба с власт или специални технически средства + влизане в жилището

Чрез действие

– по ал. 4 – оставане в жилището след покана да напусне

Чрез бездействие

Резултатно

Довършено с проникване на територията на чуждото жилище

Формално

Довършено след отправяне на поканата

1. Начин и средства

2. Предхождащо поведение на пострадалия – да е отправил покана към дееца да напусне

Нарушаване неприкосновеността на кореспонденцията

/чл. 171/

По ал. 1 – различни материални носители на инф-я

По ал. 3 – технически средства, чрез които се пренася информация

Действия от естество да засегнат сигурността на предаването на информация

Действия от естество да засегнат достоверността на информацията

Действия от естество да засегнат тайната на кореспонденцията

Резултатно

Резултатът зависи от формата на ИД

По ал. 3 е необходимо да са използвани специални технически средства.
Престъпления против лично-икономическите права на гражданите
Противозаконно препятстване упражняването на правото на труд

/чл. 172, ал. 1/

2 форми

– попречи на пострадалия да постъпи работа

– принуди пострадалия да напусне работа

Резултатно

→ реални препятствия за постъпване на работа/ прекратяване противно на волята съществуващо трудово правоотн-е

Пострадал може да е само лице в трудоспособна възраст с определени лични или обществени качества (религия, политически убеждения) или което се намира в определено положение спрямо съществуващаполитическа организация или синдикат
Невъзстановяване на работа

/чл. 172, ал.1/

Само чрез бездействие – непредприемане на дължимите действия по изпълнение на съдебно решение Формално

Довършено поради факта на бездействие на дееца

1. Пострадал може да е само лице, което е страна като работник или служител по трудово правоотн-е.

2. Необходимо е да има влязло в сила съдебно решение за възстановяване на работа.

Плагиатство

/чл. 173 и 174/

Особен – чуждо произведение; изобретение или полезен модел; промишлен дизайн Само чрез действие. Форми:

– издаване на произведение

– използване на произведение

– представяне за регистрация на изобретение

– регистриране на изобретение

– злоупотреба със служебно положени и включване като съавтор

Формално

Резултатно

1. Субектът не е автор/съавтор и не е осъществил творческа дейност.

2. Действителният автор е пострадал от прест-ето.

3. Съгласието на действителния автор/изобретател няма значение за съставомерността на деянието.

Престъпно ползване на чужда интелектуална собственост

/чл. 172а/

Чужда интелектуална собственост Неправомерно използване на чужда интелектуална собственост – записване, възпроизвеждане, разпространяване, излъчване, предаване

Само чрез действие

Формално 1. Пострадали могат да бъдат носителите на авторското право (самият автор, неговите наследници, работодател или поръчващ), както и лицата, които имат право да се разпореждат с интелектуалния продукт.

2. Отсъства необходимото по закон съгласие на носителя на съответното право.

Престъпления против брака, семейството и младежта
Престъпления против брака, семейството и гражданското състояние
Укриване на законна пречка за брак

/чл. 176, ал. 1/

ДЛГС Само чрез действие – подаване на деларация за отсъствие на пречки за брак Довършено с подаването на декларацията Време – при встъпване в брак
Противозаконно бракосъчетание

/чл. 176, ал. 2/

Само чрез действие – извършване на формалния акт на бракосъчетанието Довършване с подписване на акта за сключен гражд. брак
Насилствено склоняване към встъпване в брак

/чл. 177, ал. 1/

Само чрез действие – противоправно мотивиране на жертвата да встъпи в брак Резултатно – 2 резултата

→ сключеният брак

→ бракът да бъде обявен за недействителен

1. Съдържание на волята на жертвата – липса на желание за сключване на брак

2. Причина за обявяване на брака за недействителен трябва да е именно опорочената воля на пострадалото лице.

Отвличане

/чл. 177, ал. 2/

Само чрез действие – противозаконно преместване на пострадалата от едно място на друго против волята й Резултатно

→ промяна в местоположението на жертвата

1. Жертва може да е само лице от женски пол.

2. Липсва съгласие на пострадалата.

3. Възможен само недовършен опит.

Откуп

/чл. 178/

Пари, вещи или други ценности Само чрез действие – 3 форми

– получаване на откуп

– даване на откуп

– посредничество към даване или получаване на откуп

Резултатно

→ промяна във фактическата власт

Формално

1. Пострадал може да е само лице от женски пол, чиято воля се опорочава от съгласието на родителя или друг сродник.

2. Съществува определена родствена връзка м/у жертвата и субекта не престъплението.

Престъпно многобрачие

/чл. 179/

Сключване на брак – изпълнение на формалните изисквания по СК. Резултатно

→ сключеният брак

1. Пострадал е законният съпруг по първия брак и лицето, с което деесът сключва втория брак, ако то не знае за първия брак.

2. Наличие на законен брак за една от страните.

3. Възможен е само недовършен опит.

Злепоставяне на сродник

/чл. 181/

Бездействие – неполагане на дължимите грижи Резултатно

→ пострадалият да е изпаднал в сериозно затруднение

1. Пострадал е лице, което е неспособно да се грижи за себе си и с което деецът се намира в определени родствени връзки.

2. Деецът е правно задължен да полага грижите.

Изоставяне без необходими грижи

/чл. 182, ал. 1/

Бездействие – оставяне без надзор и достатъчно грижи Резултатно на поставяне в опасност

→ да е възникнала опасност за физическото, душевното и моралното развитие на пострадалия

1. Пострадал е лице, намиращо се под родителски грижи или настойничество.
Осуетяване изпълнението на решение относно родителски права и лични контакти с дете

/чл. 182, ал. 2/

Чрез действие – осуетяване по какъвто и да е начин изпълнението на съд. решение

Чрез бездействие – неизпълнение на решението

Резултатно → обективна обстановка, в която реш-ето е неизпълнимо

Формално

Пострадали – детето и родителят/сродникът, посочен в решението като титуляр на родителските права или на правото за лични контакти с детето

Необходимо е да има влязло в сила съдебно решение.

Неплащане на издръжка

/чл. 183/

Ал. 1 – само чрез бездействие – неплашане на дължима издръжка

Ал. 2 – чрез действие или бездействие – нарочно поставяне в невъзможност да дава издръжка

Формално

Резултатно

→ сериозно отрицателно изменение в имущественото състояние на дееца

Да има влязло в сила решение, с което цубектът е осъден да плаща издръжка.

Пострадал – лицето, на което по силата на решението се дължи издръжката

Престъпно склоняване към участие в осиновяване

/чл. 182а, ал. 1 и 2/

Ал. 1 – родител на жертвата

Ал. 2 – пострадалият, когато е непълнолетен

Само чрез действие – дейност по мотивиране на:

– жертвата – обикновено увещание

– неин родител – чрез дарение, обещание, заплаха, злоупотреба със служебно положение

Формално
Престъпно посредничество към участие в осиновяване

/чл. 182а, ал. 3 и 4/

Лица, които желая да осиновят

Родител, който има дете

Жена, която предстои да роди

Чрез действие – дейност по съгласуване на волята на лицата – предмет на престъплението Формално
Престъпно укриване или замяна на гражданско състояние

/чл. 184, ал. 1/

Само чрез действие

– заменяне на дете

– скриване на дете

– подхвърляне на дете

Резултатно

→ промяна във фактическото положение на дете и създаване невъзможност или пречка за установяване на неговото истинско гражданско състояние

Пострадал е лице, за което данните относно произхода му не са известни.
Престъпно прибиране или задържане на дете

/чл. 185, ал. 1/

Двуактно

1. действие – прибиране или задържане на детето

2. бездействие – неуведомяване на властта или на родителя или настойника, че детето е при дееца

Формално

Довършено с неизпълнение на задължението за уведомяване

Продължено

Пострадал е чуждо дете, ненавършило 14 години.
Престъпления против младежта
Изтезаване на подрастващ

/чл. 187/

„изтезава” – само чрез действие, което е от естесетво да причини силно физическо или психично страдание или болка Формално Пострадал – лице, което не е навършило 18 години и което е свързано със субекта, защото той трябва да полага грижи за него
Принуждаване към пресъпление или проституция

/чл. 188/

Използване на сила или заплашване за мотивиране на жертвата към извършване на прест-е или проституция Формално

Довършено с всяко действие по принуждаване

Пострадал – малолетно или непълнолетно лице

Съдържание на волята на жертвата – не желае да предприеме поведението

Използване другиго за просия

/чл. 189/

Прест-е на системно извършване – действие, мотивиращо пострадалия да получава пари или други вещи от 3ти лица, след като ги помоли, от което субектът извлича материална изгода Формално Пострадал – лице, което се намира под грижите на субекта
Престъпно опиване с алкохолни напитки

/чл. 193, ал. 1/

Действие – предоставяне на пострадалия на алкохолни напитки и мотивирането му да ги употреби в количество, достатъчно да причини резултат Резултатно

→ функционални смущения в дейността на главния мозък

Пострадал – лице, ненавършило 18 години или невменяем
Престъпна продажба на алкохолни напитки

/чл. 193, ал. 2/

Алкохолни напитки Действие – отчуждаване на напитките с/у заплащане Резултатно

→ жертввата установява фактическа власт в/у предмета

Пострадал – лице, ненавършило 18 години или невменяем
Престъпно приемане на работа

/чл. 192а/

Действие – сключване на сделка, която има за предмет престиране на някакъв вид труд Резултатно

→ пострадалият да е започнал да преситра труд

Пострадал – лице на възраст от 16 до 18 години

Деянието е осъществено без надлежно разрешение от съответните органи и лица

Злоупотреба с родителска власт

/чл. 190/

Само чрез действие – особена форма на принуда Резултатно

Довършено, когато детето заживее съпружески с другиго

Пострадал – дете на дееца, ненавършило 16 години

Наличие на родителска власт на субекта над детето

Престъпно заживяване на съпружески начала

/чл. 191, ал. 1/

Само чрез действие – установяване на фактическо съжителство Продължено

Формално

Пострадал – лице от женски пол, ненавършило 16 години

Деецът и жертвата не са сключили брак

Съдействие за противозаконно съжителство

/чл. 191, ал. 2/

Само чрез действие – 2 форми:

– склоняване

– улесняване

Резултатно

→ заживяване на съпружески начала

Пострадали – лице от женски пол, ненавъшило 16 години, и лице от мъжки пол
Престъпления против собствеността
Престъпно отнемане на вещи
Кражба

/чл. 194/

Чужди движими вещи Само чрез действие – отнемане на вещта – прекратявана фактическата власт на собственика и установяване на факт. власт на дееца Резултатно

→ промяна във фактическата власт

Воля на пострадалия – липса на съгласие за отнемане на вещта

Особени обстоятелства – чл. 195, ал. 1, т. 1, 2, 8 – във време на обществено бедствие, без постоянен надзор, от гроб на покойник

Взломна кражба – чл. 195, ал. 1, т. 3

Особени средства и специален начин – чл. 195, ал. 1, т. 4

Грабеж

/чл. 198/

Чужда движима вещ

Пострадалият

ал. 1 – съставно – 2 акта само чрез действие – употреба на сила + отнемане на вещта

ал. 4 – 2 форми – привеждане в безсъзнание/поставяне в беззащитно състояние + отнемане

ал. 3 – употреба на сила или заплашване

Резултатно

→ промяна във фактическата власт

Резултатно

→ промяна във фактическата власт

Формално

Отсъства съгласие на пострадалия

Налице е довършена кражба преди грабежа и деецът е заварен на местопрестъплението

Престъпни присвоявания
Обсебване на чужда вещ

/чл. 206/

Чужда движима вещ Акт на противозаконно фактическо или юридическо разпореждане с чуждото имущество в свой или чужд интерес Резултатно

→ засягане на възможността на собственика да се разпорежда с вещта

Вещта е във фактическа власт на дееца на правно основание
Обсебване на заложена вещ

/чл. 206, ал. 2/

Вещ, обременена със залог Неправомерно разпореждане със заложена вещ Резултатно увреждащо

→ премахната възможност за удовлетворение с предпочитание

Длъжностно присвояване

/чл. 201/

Чужди пари, вещи или други ценности Противозаконно разпореждане с предмета на прест-ето Резултатно

→ причинената имотна щета на чуждото имущество

Предметът на прест-ето е връчен или поверен за пазене или управление на длъжностно лице в това му качество
Присвояване на намерена вещ

/чл. 207, ал. 1/

Само движими вещи Бездействие – несъобщаване в продължение на 1 седмица на собственика или на властта формално
Присвояване по ал. 2 Движима вещ присвояване на вещта резултатно
Присвояване на съкровище

/чл. 208/

Съкровище Двуактно – действие + бездействие

1. откриване на съкровище

2. несъобщаване на властта

Формално
Измама и изнудване
Обикновена измама

/чл. 209/

Измаменото лице

Ощетеното имущество

Задължително включва действие – форми:

– възбуждане на заблуждение

– поддържане на заблуждение

– използване на заблуждение, неопитност, неосведоменост

Резултатно увреждащо

→ имотна вреда

Причинна връзка м/у деянието и престъпния резултат

Неправилна представа на пострадалия

Поведение на пострадалия – извършва акт на юридическо или фактическо разпореждане с имуществения предмет

Документна измама

/чл. 212 и 212б/

Измаменото лице

Чуждо движими имущество

– чл. 212 – съставно – 2 акта:

1. лично използване на документ с невярно съдържание

2. лично получаване на им-во

– чл. 212б сложно – 2 акта:

1. лично съставяне на док-нт

2. съзнателно даване на възможност 3то лице да получи чуждото движимо имущество

Резултатно увреждащо

Резултатно увреждащо

Особено средство – неистински, подправен или документ с невярно съдържание

Възможен опит

Компютърна измама

/чл. 212а/

1. комп. инф. система

2. комп. инф. данни

3. ФЛ

4. Имущество

Ал. 1 – действие – 2 форми

1. възбужда заблуждение

2. поддържа заблуждение

Ал. 2 – действие – промяна на данни

Резултатно увреждащо

→ вреда /чл. 1/

→ промяна на съществуващия инф. масив /ал. 2/

Причинна връзка м/у деянието и резултата
Застрахователна измама

/чл. 213/

Осигурено им-во Действие или бездействие

„разруши, повреди, унищожи”

Резултатно

→ изменение в предмета

Възможен опит
Изнудване

/чл. 213 и 214/

214 – само чрез действие:

1. упражняване на принуда

2. довеждане до знанието на жертвата на желаното от дееца поведение

213 – само чрез действие

1. заплашване

2. довеждане до знанието на жертвата на исканото поведение

Резултатно

→ имотна вреда

Формално

Поведение на пострадалия – акт на умиществено разпореждане

Съдържание на волята на пострадалия – не желае да се разпорежда с имуществото

Унищожаване и повреждане
~ на чужда вещ

/чл. 216, ал. 1/

Чужда движима вещ Действие – пряко въздействие в/у вещта

Бездействие – непредприемане на действие

Резултатно

→ повреждане на вещта

→ унищожаване на вещта

Възможен и довършен, и недовършен опит
~ ипотекирано или заложено имущество

/чл. 216, ал. 2/

Движима или недвижима вещ на дееца – „унищожи”

– „повреди”

– „разруши”

Резултатно
Злоупотреба с доверие и вещно укривателство
Класическа злоупотреба с доверие

/чл. 217, ал. 1 и 2/

Чуждо имущ-во

Имущ. интереси на пострадалия

Ал. 1 – „ощетяване” – действие или бездействие

Ал. 2 – съзнателно действие

Резултатно

Формално

Отношение на дееца към предмета – той му е поверен да го пази или управлява или той е представител/пълномощник на пострадалия
Злоупотреба със запорирана или заложена вещ

/чл. 217, ал. 3/

Запорирана или заложена вещ Само чрез действие – акт на имуществено разпореждане – юридическо или фактическо Резултатно

→ невъзможност вещта да бъде продадена

Вещно укривателство

/чл. 215/

Чужда движима вещ, придобита чрез прест-е Само чрез действие – 3 форми:

1. Укрие

2. Придобие

3. Спомогне да бъде отчуждена

Резултатно Възможен само недовършен опит
Престъпления против стопанството
Общи стопански престъпления
Безстопанственост

/чл. 219/

Чрез бездействие

– неполагане на достатъчно грижи /ал. 1/

– неупражняване на контрол /ал. 2/

Резултатно

→ значителна повреда

→ значително унищожаване

→ значително разпиляване на имущ-во

Сключване на наизгодна сделка /чл. 220/ Действие
Издаване на стопанска тайна /чл. 224/ Сведения от стоп. естество „получи” дар/облага Резултатно

→ промяна във факт. власт

Подкуп в сферата на търг. дейност /чл. 225в/ Дар/облага „приеме дар/облага”

„поиска”, „приеме предложение”

Резултатно

Формално

Престъпления против кредиторите
Незаявяване на неплатежоспособност

/чл. 227б/

Съдът

Търговецът

Бездействие

– незаявяване пред съда

– неуведомяване на търговеца

Формално
Умишлен банкрут

/чл. 227 в/

Елементи от масата не несъстоятелността

Кредиторите

Търг. книги/документи

Чрез действие и чрез бездействие Резултатно

→ значителни щети

Непредпазлив банкрут

/чл. 227д/

Чрез действие и чрез бездействие – немарливо водене на търговската дейност Резултатно

→ обявяване на несъст.

→ щети за кредиторите

Престъпления против промишлеността
Престъпно нареждане/допускане на производство /чл. 228, ал. 1/ Недоброкачествени, нестандартни, некомплектни стоки Действие – нареждане

Бездействие – допускане да се произвежда, неупражняване на контрол

Резултатно

→ започнало производство

Престъпно отразяване на качество

/чл. 228, ал. 2/

Готова продукция – стоки Алтернативно действие или бездействие – маркиране като стандартна или немаркиране на недостатъци
Престъпления в областта на търговията
Престъпно пускане на стоки в продажба

/чл. 231/

Промишлени или селскостоп. стоки Двуактно – действие + бездействие – пускане на стоки на пазара + необявяване на недостатъците им изрично Формално
Измама на купувач

/чл. 232/

1. „измами” – въвеждане в заблуждение

2. използване на неверни мерки и теглилки

3. влошаване кчеството на стоките

Резултатно опасно

→ невярна представа

Формално

Формално

Специфичен начин и средства – мерки и теглилки

Престъпления шротив горското стопанство
Престъпен добив на дървен материал

/чл. 235/

Дървета или части от тях Действие – отсичане, събиране, добиване, вземане, извозване /ал. 1/

Действие /ал. 2/ – укриване,

товарене, транспортиране, преработване, разтоварване

Формално

Резултатно

Формално

Липсва редовно разрешително за дейностите
Унищожаване и повреждане на горски фонд /чл. 236/ Дървета, младеняк, горска култура, разсадник Действие – 2 форми

– унищожаване

– повреждане

Резултатно
Престъпления против митническия режим
Квалифицирана контрабанда /чл. 242/ Стоки, отровни, взривни вещ-ва, оръжие и др. Пренасяне през границата Резултатно
Престъпления против паричната и кредитната система
Подправка на парични и други финансови знаци

/чл. 243/

Парични знаци Действие – 2 форми

– изготвяне на неистински знаци

– преправяне на истински знаци

Резултатно
Прокарване в обращение на неистински знаци

/чл. 244/

Изготвени подправени парични знаци Действие – 3 форми

– прокарване в обращение

– пренасяне през границата

– служене със знаците

Престъпно използване на платежни инструменти /чл. 249/ Платежен инструмент Ал. 1 – използване без съгласие на титуляра

Ал. 2 – използване на ~ без покритие

Резултатно

Формално

Престъпления против републиката
Измяна

/чл. 95/

Органите в центъра и по места Действие – 3 форми

– участие в опит за преврат

– участие в бунт

– участие във въоръжено въстание

Формално
Политическо убийство

/чл. 96, ал. 1/

Държавен или обществен деятел „лиши от живот” Резултатно увреждащо
Терористични действия чрез общоопасно прест-е /чл. 96, ал. 3, чл. 97/ „причини смърт”

„извърши общоопасно прест-е”

Резултатно
Престъпления против външната сигурност
Шпионство

/чл. 104-105/

Държавна тайна Действие – 3 форми:

– издаване на държавна тайна

– събиране на инф-я

– изразяване на воля за служене на чужда държава/организация

Резултатно

Формално

Формално

Престъпления против икономическите основи на републиката
Диверсия /чл. 106/ Общ. имущ-во със значителна стойност Действие – 2 форми

– унищожаване

– повреждане

Резултатно
Вредителство /чл. 107/ „разстройва”, „подравя” Формално
Престъпления против реда на управлението
Противоправно мотивиране към служебни действия /269/ Орган на власт Упражняване на физическа или психическа принуда Формално
Препятстване орган на власт /чл. 270/ Орган на власт Действие или бездействие – създаване на препятствия или непредприемане на действия Формално
Прест-я, свързани с официални удост. знаци

/чл. 276-277/

Особен –ОУЗ Чл. 276 – „подправи”, „пусне в обращение”,

използва по предназначение

„отнеме”, „унищожи”, „скрие”

Резултатно

Формално

Резултатно

Престъпления против режима за преминаване на границата
Противозаконно преминаване на границата /чл. 279/ Особен – граница Действие – „влезе”, „излезе” Резултатно
Каналджийство /чл. 280/ Границата Действие – „преведе” – осигури възможност да преминат
Престъпления по служба
Престъпно нарушаване или неизпълнение на зад-я, превишаване на власт/права /чл. 282/ Нарушаване на служебни задължения – действие/бездействие

Неизпълнение на зад-я – бездействие

Превишаване на власт/права – действие

Резултатно опасно

→ реална опасност от възникване на немаловажни последици

Използване на служебно положение /чл. 283/ Неправомерно експлоатиране на служебната в извънслужебната дейност Резултатно
Откриване на служебна тайна /чл. 284/ Тайна Действие – 2 форми: съобщава, обнародва тайна Резултатно
Допустителство /чл. 285/ Бездействие
Престъпления против правосъдието
Набедяване /чл. 286/ Действие – 2 форми

1. набеждаване – уличаване другиго в прест-е;

2. представяне на неистински доказателства

Лъжесвидетелстване

/чл. 290/

Действие, бездействие или съчетание м/у двете – 3 форми:

1. съзнателно потвърждаване на неистина;

2. затаяване на истина;

3. даване на неверен превод/тълкуване

Формално
Подбуждане към лъжесвидетелстване

/чл. 293/

Съзнателно, умишлено, целенасочено психически въздействие с цел мотивиране към прест-е по чл. 290, 290а,291 Формално
Лично укривателство

/чл. 294/

Създаване на всякакъв вид пречки пред търсене на нак. отговорност от извършител
Изтръгване на показания, признания и т.н. /чл. 287/ Противозаконни принудителсни действия за събиране на инф-я с правно значение Формално
Подкуп

1. активен

2. пасивен

Дар/облага Действие

Приеме дар/облага

Поиска/приеме предложение

Даде дар/облага

Предложи/обещае

Резултатно

Формално

Резултатно

Формално

Документни престъпления
Материална подправка на документ

/чл. 308/

Официален документ 2 форми:

1. съставяне на неистински

2. преправяне съдържанието на истински официален док-нт

Подправка на частен документ /чл. 309/ Частен документ 2 форми:

1. съставяне на неистински

2. преправяне съдържанието на истински частен документ

формално двуактно
Интелектуална подправка на документ

/чл. 311/

Официален док-нт с невярно съдържание Съставяне на истински удостоверителен документ с невярно съдържание Резултатно
Престъпно ползване на документи /чл. 316-317/ Престъпно създаден/ редовен док-нт Употребяване на документа пред трето лице Формално
Престъпно премахване на документ /чл. 319/ Истински, редовен, правомерно създаден док-нт 3 форми:

1. унищожаване

2. повреждане

3. скриване

Резултатно
Престъпления против реда и общественото спокойствие
Хулиганство /чл. 325/ Непристойни действия, грубо нарушаващи общ. ред и показващи неуважение Резултатно

→ грубо нарушаване на обществения ред

Самоуправство /чл. 323/ Действие или бездействие Резултатно
Орг. престъпна група

/чл. 321/

Действие – 3 форми:

1. образуване

2. ръководене

3. членуване

Формално
Устройване/участие в харатни игри /чл. 327/ Хазартна игра Дейстиве – дейност по създаване на условия Формално
Общоопасни престъпления
Палеж /чл. 330-332/ Имущество на знач. стойност Действие или бездействие – „запали” Резултатно
Повреждане/унищожаване чрез взрив /чл. 333/ Имущество на знач. стойност Предизвикване на химическо разлагане Резултатно

→ унищожаване или повреждане на имущ-во

Наводнение /чл. 334/ Действие или бездействие – от естество да предизвика ~ Резултатно

→ буйно и стихийно течение на вода

Наказателен кодекс на Република Турция

•септември 11, 2009 • Вашият коментар

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

•септември 11, 2009 • Вашият коментар

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

•септември 11, 2009 • Вашият коментар

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. 8) 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. 8) 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 proceeding