Criminal act
Article 8.
(1) A criminal act is a socially dangerous act which is defined
by law as a criminal act, the characteristics of which are defined
by law.
(2) An act which, although containing characteristics of a criminal
act defined by law, represents an insignificant social danger
because of its slight importance and the insignificance or absence
of detrimental consequences, shall not be considered a criminal
act.
Defense of necessity
Article 9.
(1) An act committed in necessary defense is not considered
a criminal act.
(2) Necessary defense is an act of defense which is absolutely
necessary for the offender to avert an immediate and unlawful
attack from himself or from another.
(3) If the offender exceeds the limits of necessary defense,
the court may reduce the punishment, and if he has exceeded the
limits by reason of great excitement or fright stirred up by the
attack, it may also refrain from imposing a punishment on him.
Extreme necessity
Article 10.
(1) An act committed in extreme necessity is not a criminal
act.
(2) An act is committed in extreme necessity if it is performed
in order that the offender avert from himself or from another
an immediate danger which could not have been averted in any other
way, provided that the evil created thereby does not exceed the
one which was threatening him.
(3) If the offender himself has negligently created the danger,
or if he has exceeded the limits of extreme necessity, the court
may impose a reduced punishment on him, and if he exceeded the
limits under particularly mitigating circumstances, it may also
refrain from imposing a punishment on him.
(4) There is no extreme necessity if the offender was under
an obligation to expose himself to the danger.
Criminal liability
Article 11.
(1) An offender is considered criminally liable if he is responsible
and if he has committed a criminal act with premeditation or by
negligence.
(2) An offender is criminally liable for a criminal act committed
negligently insofar as the act in question is punishable by law.
Responsibility
Article 12.
(1) A person who committed a criminal act is not considered
responsible if at the time of the commission of a criminal act
he was incapable of understanding the significance of his act
or control his conduct due to a lasting or temporary mental disease,
temporary mental disturbance, or mental retardation (no responsibility).
(2) If due to one of the states referred to in paragraph 1 of
this article, the capacity of the offender to understand the significance
of his act or his ability to control his conduct was substantially
reduced, the court may impose a reduced punishment on him. (materially
reduced responsibility).
(3) The offender shall be criminally liable if, by indulgence
in alcohol, drugs or in some other way, he has placed himself
in a state in which he has not been capable of understanding the
importance of his actions or controlling his conduct, and if prior
to his placing himself in such a state, the act was premeditated
or if he was negligent in relation to the criminal act, insofar
as the act in question is punishable by law if committed negligently.
Premeditation
Article 13.
A criminal act is premeditated if the offender is conscious
of his deed and wants its commission; or when he is conscious
that a prohibited consequence might result from his act or omission
and consents to its occurring.
Negligence
Article 14.
A criminal act is committed negligently when the offender is
conscious that a prohibited consequence may occur but carelessly
assumes that it will not occur or that he will be able to avert
it; or when he was unaware of the possibility that a prohibited
consequence might occur although, under the circumstances and
by his personal characteristics, he should and could have been
aware of this possibility.
Liability for a graver consequence
Article 15.
When a graver consequence has resulted from a criminal act for
which a more severe punishment is prescribed by statute, this
more severe punishment may be imposed if the consequence is attributable
to the offender's negligence.
Mistake of fact
Article 16.
(1) A person is not criminally responsible if at the time of
committing a criminal act he was not aware of some statutory element
of it; or if he mistakenly believed that circumstances existed
which, if they had actually existed, would render such conduct
permissible.
(2) If the offender's mistake is due to his negligence, he shall
be criminally responsible for a criminal act committed by negligence,
insofar as the act in question is punishable by law if committed
by negligence.
Legal mistake
Article 17.
The court may reduce the punishment of the perpetrator of a
criminal act who had justifiable cause for not knowing that his
conduct was prohibited, and it may also grant remission of punishment.
Preparation
Article 18.
(1) A person who prepares to commit a criminal act with premeditation
shall be punished insofar as the act in question is punishable
by law for the particular social danger of the preparation alone.
(2) Preparation of a criminal act may be defined by law as a
separate criminal act, or the law may provide punishment for the
preparation of a particular criminal act.
(3) When the law prescribes a punishment for the preparation
of a particular criminal act, the preparation may comprise procuring
or making operational means for the commission of the criminal
act, removing obstacles to the commission of the criminal act,
planning or organizing with others the commission of a criminal
act, as well as other activities which create conditions for the
direct commission of a criminal act and which are not part of
the commission itself.
Attempt
Article 19.
(1) Anybody who with intent commenced the execution of a criminal
act but has not completed it, shall be punished for the attempt
of only those criminal acts for which there is according to statute
a sentence of five years' imprisonment or a more severe penalty.
With regard to other criminal acts attempt is punishable only
when so provided by statute.
(2) For an attempted criminal act the court may reduce the punishment
provided for the completed criminal act.
Inappropriate attempt
Article 20.
If a person tries to commit a criminal act by inappropriate
means or against an inappropriate object the court may refrain
from imposing a punishment on him.
Voluntary abandonment of attempt
Article 21.
(1) The court may refrain from imposing a punishment on an offender
who has been preparing or has attempted to commit a criminal act,
but has voluntarily desisted from its completion.
(2) In the event of voluntary desisting from the completion
of a criminal act the offender is punishable for those acts which
constitute another independent criminal act.
Complicity
Article 22.
If several persons jointly commit a criminal act by participating
in the act of commission or in some other way, each of them shall
be punished as prescribed for the act.
Incitement
Article 23.
(1) Anybody who intentionally incites another to commit a criminal
act shall be punished as if he himself has committed it.
(2) Anybody who intentionally incites another to commit a criminal
act for which five years imprisonment or a more severe punishment
is laid down by statute, and the act is never even attempted,
shall be punished in accordance with the provisions applicable
to attempt.
Aiding
Article 24.
(1) Anybody who intentionally aids another in the commission
of a criminal act shall be punished as if he himself had committed
it, but his punishment may also be reduced.
(2) The following, in particular, shall be considered as aiding:
the giving of instructions or counselling about how to commit
a criminal act, the supply of tools and resources for the crime,
the removal of obstacles to the commission of a crime, as well
as the promise, prior to the commission of the act, to conceal
the existence of the criminal act, to hide the offender, the means
to commit the crime, its traces, or goods gained through the commission
of a criminal act.
The limits of responsibility and punishability
of accomplices, inciters and aiders
Article 25.
(1)The co-perpetrator shall be criminally responsible within
the limits set by his own intention or negligence, and the inciter
and the aider -- within the limits of their own intention.
(2) The court may refrain from imposing a punishment on the
co-perpetrator, inciter or aider who voluntarily prevented the
commission of a criminal act. This also applies to cases of the
preparation of a criminal act, regardless of whether the law defines
it as an independent criminal act or of whether the law provides
for punishment for the preparation of a certain criminal act (Article
18, paragraph 2).
(3) The personal relations, characteristics and circumstances
to which the statute attaches the exclusion of criminal responsibility,
or by reason of which it permits or provides for the remission
of punishment, its reduction or aggravation, are applicable only
to such principals, perpetrators, co-perpetrators, inciters or
aiders in whom these relations, characteristics and circumstances
inhere.
Criminal responsibility and punishability
of the organizers of criminal associations
Article 26.
Anybody creating or making use of an organization, gang, cabal,
group or any other association for the purpose of committing criminal
acts is criminally responsible for all criminal acts resulting
from the criminal design of these associations and shall be punished
as if he himself has committed them, irrespective of whether and
in what manner he himself directly participated in the commission
of any of those acts.
Criminal responsibility of editor in chief
Article 27.
(1) An editor in chief, or a person replacing him at the time
of broadcasting an information, is criminally responsible for
criminal acts committed through newspapers or some other occasional
press publication, through radio, television or film news if
1) the author remained unknown by the completion of the main
proceedings before a first instance court;
2) the information was published without the author's consent;
3) there were actual or legal obstacles to the prosecution
of the author at the time of the broadcasting of the information,
and if they still last.
(2) An editor in chief or a person replacing him is not criminally
responsible if he had justifiable cause for not knowing of some
of the circumstances mentioned in items 1 to 3 of paragraph 1
of this article.
Criminal responsibility of publisher,
type-setter and manufacturer
Article 28.
(1) If conditions referred to in article 27 of this law exist,
the following are criminally responsible:
1) a publisher - for a criminal act committed through regular
press publication, and - if there is no publisher or if there
are actual or legal obstacles to his prosecution - the type-setter
who had the knowledge of it;
2) a manufacturer - for a criminal act committed through phonograph
record, magnetic tape, film for public and private display,
as well as diapositives, phonograms, video-clips, audio-clips
or similar means of communication intended for a wider audience.
(2) If a publisher, type-setter or manufacturer is a legal person
or a state organ, the person who is in charge of publishing, printing
and production is criminally responsible.
Application of general provisions concerning
criminal responsibility
Article 29.
Provisions on the criminal responsibility of the persons referred
to in articles 27 and 28 of this law are applicable only if those
persons are not criminally responsible under general provisions
concerning criminal responsibility defined in this law.
The mode of commission of a criminal act
Article 30.
(1) A criminal act may be committed by a positive act or by
an omission.
(2) A criminal act is committed by omission if the offender
abstained from performing an act which he was obligated to perform.
The time of commission of a criminal act
Article 31.
A criminal act is committed at the time when the offender was
acting or was under the duty to act, irrespective of when the
consequence occurred.
The place of commission of a criminal
act
Article 32.
(1) A criminal act is committed both in the place where the
offender was acting or was obligated to act and in the place where
the consequence occurred.
(2) Preparation and attempt to commit a criminal act are considered
committed both in the place where the offender was acting and
in the place where the consequence was to have occurred according
to his intention.
Chapter
Three
PUNISHMENTS
Purpose of punishment
Article 33.
The purpose of punishment in the framework of the general purpose
of criminal sanctions (art 5, para 2) is:
1) preventing the offender from committing criminal acts and
his rehabilitation;
2) rehabilitative influence on others not to commit criminal
acts;
3) strengthening the moral fibre of a socialist self-managing
society and influence on the development of citizens' social responsibility
and discipline.
Types of punishment
Article 34.
The following punishments may be imposed on the perpetrators
of criminal acts:
1) capital punishment;
2) imprisonment;
3) fine;
4) confiscation of property.
Principal and accessory punishments
Article 35.
(1) Capital punishment and imprisonment may be imposed only
as principal punishments.
(2) A fine may be imposed both as a principal and as an accessory
punishment.
(3) The punishment of confiscation of property may only be imposed
as an accessory punishment.
(4) If several punishments are prescribed for a criminal act,
only one of them may be imposed as a principal punishment.
(5) A fine may not be imposed together with the punishment of
confiscation of property.
Legality in the imposition of punishments
Article 36.
(1) Punishments provided by the present Code may only be imposed
if respectively prescribed for a given criminal act. The court
may increase or reduce the punishment provided for an offence
only subject to the conditions laid down by the present Code.
(2) For criminal acts committed with the intention of acquiring
gain a fine may be imposed as an accessory punishment even when
the same is not specifically prescribed by statute. For such criminal
acts a fine may be imposed as an accessory punishment also in
cases where imprisonment or a fine are laid down as alternatives
and the court has decided to impose the punishment of imprisonment
as the principal penalty.
Capital punishment
Article 37.
(1) The death penalty may not be imposed as the only principal
punishment for a certain criminal act.
(2) The death penalty may be imposed only for the most serious
criminal acts when so provided by the statute.
(3) The death penalty may not be imposed on a pregnant woman
or on a person who was not aged 18 or over at the time of the
commission of a criminal act.
(4) The death penalty may be imposed on an adult person who
was under 21 years of age at the time of the commission of a criminal
act, under conditions referred to in paragraph 2 of this article,
only for criminal acts committed against the bases of the socialist
self-management social system and security of the SFRJ, for criminal
acts against humanity and international law, and for criminal
acts against the armed forces of the SFRJ.
(5) The death penalty shall be executed by shooting, without
members of the public present.
Imprisonment
Article 38.
(1) The punishment of imprisonment may not be shorter than 15
days nor longer than 15 years.
(2) The court may impose a punishment of imprisonment for a
term of 20 years for criminal acts eligible for the death penalty.
(3) For criminal acts committed with intent for which the punishment
of fifteen years imprisonment may be imposed under statute, and
which were perpetrated under particularly aggravating circumstances
or caused especially grave consequences, a punishment of imprisonment
for a term of 20 years may be imposed when so provided by statute.
(4) The punishment of imprisonment is imposed in full years
and months, but prison terms not exceeding six months may also
be measured in full days.
(5) A term of imprisonment is served in closed, semi-open or
open institutions for serving sentences.
(6) A convicted person who has served half of his term of imprisonment,
and exceptionally a convicted person who has served a third of
his term, may be exempted from serving the rest of his term on
the condition that he does not commit a new criminal act by the
end of the period encompassed by his sentence (parole).
Fine
Article 39.
(1) A fine may not amount to less than 500 dinars. A fine may
be imposed up to the amount of 50,000 dinars, and for criminal
acts committed out of greed up to the amount of 200,000 dinars.
(2) The judgement shall determine the period of grace for the
payment of the fine, which period may not be less than 15 days
nor more than three months, but in cases which warrant such a
decision the court may permit the convicted person to pay the
fine in instalments, providing that the time-limit for the payment
may not exceed the period of two years.
(3) If a fine cannot be collected by coercion, a court shall
carry out the execution of this punishment by ordering a day of
imprisonment for each 100 dinars of the fine, providing that the
term of imprisonment may not exceed six months.
(4) If a convicted person pays only a part of his fine, the
rest shall accordingly be converted to imprisonment, and if the
convicted person pays the rest of the fine, the execution of the
imprisonment shall be cancelled.
(5) A fine shall not be collected after the convicted person
dies.
The punishment of confiscation of property
Article 40.
(1) The punishment of confiscation of property consists of the
seizure within limits provided by statute and without indemnity
of the property of the convicted person.
(2) The punishment of confiscation of property may be imposed
only for the criminal acts for which it is expressly prescribed,
and when a punishment of imprisonment for a term of at least three
years has been imposed on the offender.
General principles in fixing punishment
Article 41.
(1) The court shall fix the punishment for a criminal act within
the limits provided by statute for such an act, taking into account
all the circumstances bearing on the magnitude of punishment (extenuating
and aggravating circumstances), and, in particular, the degree
of criminal responsibility, the motives from which the act was
committed, the degree of danger or injury to the protected object,
the circumstances in which the act was committed, the past conduct
of the offender, his personal situation and his conduct after
the commission of the criminal act, as well as other circumstances
relating to the personality of the offender.
(2) In deciding upon the punishment the court shall take into
special consideration whether the most recent offence is of the
same type as a previous one, whether both acts were committed
from the same motive, and it will also consider the period of
time which has elapsed since the previous conviction was pronounced,
or since the punishment has been served or pardoned.
(3) In fixing a fine the court shall take into consideration
the situation of the offender in terms of property, bearing in
mind the amount of his salary, his other income, his assets and
his personal obligations.
Reduction of punishment
Article 42.
The court may set the punishment below the limit prescribed
by statute, or impose a milder type of punishment;
1) when provided by statute that the offender's punishment may
be reduced;
2) when it finds that such extenuating circumstances exist which
indicate that the aims of punishment can be attained by a lesser
punishment.
Mode of reducing punishments
Article 43.
(1) When there are conditions for the reduction of punishment
referred to in Article 42 of this law, the court shall reduce
the punishment within the following limits:
1) if a period of three years' imprisonment is prescribed
as the lowest limit for the punishment for a criminal act, it
may be reduced for a period not exceeding one year of imprisonment;
2) if a period of two years' imprisonment is prescribed as
the lowest limit for the punishment for a criminal act, it may
be reduced for a period not exceeding six months of imprisonment;
3) if a period of imprisonment of one year is prescribed as
the lowest limit for the punishment for a criminal act, it may
be reduced for a period not exceeding three months of imprisonment;
4) if a period of imprisonment not exceeding one year is prescribed
as the lowest limit for the punishment for a criminal act, it
may be reduced to a period not exceeding 15 days of imprisonment;
5) if the punishment of imprisonment is prescribed for a criminal
act without indication of the lowest limit, the court may impose
a fine in lieu of imprisonment;
6) if a fine is prescribed as the lowest limit for the punishment
for a criminal act, it may be reduced for an amount not exceeding
500 dinars.
(2) In deciding on the extent of the reduction of punishment
under the rules set forth in paragraph 1 of this article, the
court shall take into special consideration the smallest and the
biggest punishment prescribed for the particular criminal act.
Remission of punishment
Article 44.
(1) The court may refrain from imposing a punishment on a person
who has committed a criminal act only when so provided by statute.
(2) Where the court is authorized to refrain from imposing a
punishment on a person who has committed a criminal act, it may
also reduce the punishment regardless of the limitations prescribed
for the mode of reduction of punishment.
Special condition for the relief of punishment
Article 45.
The court may refrain from imposing a punishment on a person
who has committed a criminal act by negligence when the consequences
of the act committed affect the offender so severely that imposing
a punishment in such a case would manifestly not serve the purpose
of the punishment.
Determination of punishment in the case
of multirecidivism
Article 46.
(1) For a criminal act committed with premeditation for which
the law provides the punishment of imprisonment, the court may
impose a more severe punishment than the one prescribed by statute
in the following cases:
1) if the offender has been sentenced to imprisonment for
a term exceeding one year at least twice before, and if he still
demonstrates a propensity toward continuing to commit criminal
acts;
2) if a period of five years has not expired between the day
when the offender was released after serving his previous sentence
and the day when he committed the most recent criminal act.
(2) The more severe punishment must not exceed double the amount
of the prescribed punishment of imprisonment, and must not exceed
a period of fifteen years.
(3) In considering whether to impose the more severe punishment
the court shall take special account of the similarity among the
criminal acts committed, the motives from which they were committed,
as well as the need that such a punishment be imposed for the
sake of attaining the aim of punishment.
Especially grave cases
Article 47.
When more severe punishment is provided by statute for an especially
grave case of some criminal act, such punishment shall be imposed
by the court if the act poses social danger because:
1) the offender has shown a particular determination, persistence
or ruthlessness in committing the act;
2) the act has caused particularly grave consequences or has
been committed under other, especially aggravating circumstances.
Combination of criminal acts
Article 48.
(1) If an offender by one deed or several deeds has committed
several criminal acts, and if he is tried for all of the acts
at the same time (none of which has yet been adjudicated), the
court shall first assess the punishment for each of the acts,
and then proceed with the determination of the integrated punishment
(compounded sentence) for all the acts taken together.
(2) The court shall impose the integrated punishment by the
following rules:
1) if capital punishment has been inflicted by the court for
one of the combined criminal acts, it shall pronounce that punishment
only;
2) if the court has decided upon a punishment of 20 years'
imprisonment for one of the combined criminal acts, it shall
impose that punishment only;
3) if the court has decided upon punishments of imprisonment
for the combined criminal acts, the integrated punishment shall
consist of an aggravation of the most severe punishment assessed,
but the aggravated punishment may not be as high as the total
of all incurred punishments, and may not exceed a period of
15 years' imprisonment;
4) if for the combined criminal acts several punishments of
imprisonment have been decided upon which taken together do
not exceed three years, the integrated punishment may not exceed
a period of eight years of imprisonment;
5) if fines have been determined by the court for the combined
criminal acts, the court shall increase the highest fine determined,
but it may neither exceed the total of all punishments decided
upon nor 50,000 dinars, that is to say 200,000 dinars when one
or more of the criminal acts have been committed for the purpose
of obtaining gain;
6) if the court has fixed punishments of imprisonment for
some of the combined criminal acts, and fines for others, it
shall impose one punishment of imprisonment and one fine under
provisions set forth in items 3 to 5 of this paragraph.
(3) The court shall impose an accessory punishment if it is
prescribed for any one of the combined criminal acts, and if it
has decided upon several fines it shall impose one compound fine
under provisions set forth in item 5, paragraph 2 of this article.
(4) If the court has decided upon punishments of imprisonment
and juvenile custody for the combined criminal acts, it shall
impose a punishment of imprisonment as the compound sentence,
following the rules set forth in items 2 to 4, paragraph 2 of
this article.
Deciding upon punishment of convicted
persons
Article 49.
(1) If a convicted person is tried for a criminal act committed
before he commenced serving his previous sentence, or for a criminal
act he committed while serving a sentence of imprisonment or juvenile
custody, the court shall impose a compounded punishment for all
the criminal acts by applying provisions set forth in article
48 of this code, taking the punishment from the earlier sentence
as an already fixed punishment. The sentence or part of the sentence
which the convicted person had served shall be credited towards
the imposed sentence of imprisonment.
(2) For criminal acts committed in the course of serving a sentence
of imprisonment or juvenile custody the court shall determine
the offender's punishment independently of the punishment for
the earlier sentence, if by applying the provisions set forth
in Article 48 of this code the aims of punishment could not be
realized due to the short term left to serve from the previous
sentence.
(3) If a convicted person, while serving a sentence of imprisonment
or juvenile custody commits a criminal act for which a fine or
punishment of up to one year of imprisonment is prescribed by
statute, he shall be punished disciplinarily.
Credit for a period spent in custody and
credit for punishment under an earlier sentence
Article 50.
(1) The period of time spent in custody awaiting trial, as well
as each deprivation of freedom relating to a criminal act, shall
be counted as part of the sentence of imprisonment, juvenile custody
or a fine.
(2) The part of punishment served under an earlier sentence
or paid under an earlier fine for a minor offense or economic
violation, as well as the punishment or disciplinary measure of
the deprivation of liberty which a person has served because of
violation of military discipline shall also be counted as part
of the new sentence imposed for a criminal act whose characteristics
encompass the characteristics of a minor offense, economic violation
or violation of military discipline
(3) In counting the credit, one day spent in custody awaiting
trial, one day of deprivation of freedom, one day of juvenile
custody, one day of imprisonment and a fine of 100 dinars shall
be deemed equal.
Chapter
Four
SUSPENDED SENTENCE AND JUDICIAL ADMONITION
Purpose of a suspended sentence and judicial
admonition
Article 51.
Within the general purpose of criminal sanctions (Article 5,
paragraph 2), the purpose of a suspended sentence and judicial
admonition is that punishment for socially less dangerous acts
not be imposed on a criminally liable offender when it is not
necessary for the criminal justice protection, and when it can
be expected that an admonition with a threat of punishment (suspended
sentence) or the admonition alone (judicial admonition) will influence
the offender enough to deter him from committing criminal acts.
Suspended sentence
Article 52.
(1) In imposing a suspended sentence, the court imposes a punishment
on a person who committed a criminal act and at the same time
it orders that the sentence shall not be carried out if the convicted
person does not commit another criminal act for a period of time
lasting for not less than one year nor more than five years, (testing
period).
(2) Within a suspended sentence, a court may order that the
sentence shall be carried out if within a certain time-limit the
convicted person fails to restore the material gain acquired through
the commission of the criminal act, or if he fails to compensate
the damage occasioned through the commission of the criminal act,
or fails to fulfil further obligations provided for in criminal
justice regulations. The court shall determine a time-limit for
the fulfilment of these obligations within the framework of a
certain testing period.
(3) Security measures, ordered alongside a suspended sentence,
shall be executed.
Conditions for imposing a suspended sentence
Article 53.
(1) A suspended sentence may be imposed when an offender has
been sentenced to imprisonment for a term not exceeding two years
or to a fine.
(2) The court may impose a suspended sentence for criminal acts
which are eligible for a sentence of imprisonment for a term of
10 years or a more severe punishment, only if the sentence referred
to in paragraph 1 of this article has been imposed by the reduction
of the sentence prescribed by the law (Article 42).
(3) The suspended sentence cannot be imposed for criminal acts
for which even after a reduction of the sentence a punishment
of less then one year' imprisonment cannot be imposed.
(4) In deciding whether to impose a suspended sentence, the
court shall, taking into account the purpose of the suspended
sentence, take into special consideration the personality of the
offender, his conduct in the past, his conduct after the commission
of the criminal act, the degree of criminal liability and other
circumstances in which the act has been committed.
(5) If the offender has been sentenced to both imprisonment
and a fine, the suspended sentence may be imposed either for the
both sentences or just for the sentence of imprisonment.
Revocation of suspended sentence due to
a new criminal act
Article 54.
(1) The court shall revoke the suspended sentence if the convicted
person committed one or more criminal acts during the testing
period, for which the law provides imprisonment for a term of
or exceeding two years.
(2) If the convicted person commits one or more criminal acts
during the testing period for which the law has set a punishment
of imprisonment for a term not exceeding two years or a fine,
the court shall decide, upon consideration of all circumstances
relating to the criminal acts committed as well as to the offender,
especially the possible similar nature of the acts committed,
their significance and motives from which they have been committed,
whether to revoke the suspended sentence or not. In making such
a decision, the court is limited by the ban on imposing a suspended
sentence if a sentence of imprisonment for a term exceeding two
years (Article 53, paragraph 1) needs to be imposed on the offender
for the suspended sentence and for new criminal acts.
(3) In the event of revocation of the suspended sentence, the
court shall impose one aggregate punishment both for the previously
committed and the new criminal act, pursuant to the provisions
of Article 48 of this code, taking the punishment from the revoked
suspended sentence as an already fixed punishment.
(4) In the event that the court does not revoke a suspended
sentence, then it may impose a suspended sentence or a sentence
of imprisonment for a newly-committed criminal act. If the court
decides that a suspended sentence should be imposed for the newly-committed
criminal act as well, then by applying provisions set forth in
Article 48 of this code, the court shall impose one aggregate
sentence both for the previously committed and the new criminal
act and it shall also determine an aggregate testing period which
may not be shorter than one year nor longer than five years, commencing
with the day the judgement becomes final. If the court imposes
a punishment of imprisonment for the new criminal act, the period
of time spent serving such a term of imprisonment shall not be
deducted from the testing period established by the suspended
sentence for the previously committed act.
Revocation of suspended sentence due to
previously committed criminal act
Article 55.
(1) The court shall revoke a suspended sentence when after it
has been imposed, it becomes known that the offender had committed
a criminal act prior to the imposition of the suspended sentence,
and if it is felt by the court that grounds would have been lacking
for the imposition of a suspended sentence had the existence of
that offence been known. In such a case, the provision set forth
in Article 54, paragraph 3 of this law shall be applied.
(2) If the court does not repeal a suspended sentence, it shall
apply the provision set forth in Article 54, paragraph 4 of this
law.
Revocation of suspended sentence due to
failure to discharge particular obligations
Article 56.
If a suspended sentence is further conditioned by the performance
of a certain obligation referred to in Article 54, paragraph 2
of this law, and if the offender fails to discharge that obligation
within the determined time-limit, the court may, within the testing
period, extend the time-limit for the performance of the obligation
or may revoke the suspended sentence and carry out the punishment
which is set forth by the suspended sentence. If the court is
of the opinion that for the objective reasons the convicted person
is incapable of discharging the obligation, it shall remit the
performance of that obligation or replace it with another adequate
obligation provided in law.
Time-limit for the revocation of the suspended
sentence
Article 57.
(1) A suspended sentence may be revoked within a testing period.
If a convicted person commits a criminal act entailing revocation
of the suspended sentence during this period, but it is established
by judgement only after the expiration of the testing period,
the suspended sentence may be revoked at the latest one year after
the testing period has expired.
(2) If a convicted person fails to fulfil a certain obligation
defined under Article 52, paragraph 2 of this law within the determined
time-limit, the court may revoke the suspended sentence not later
than one year after the expiration of the testing period, and
order that a punishment imposed in the suspended sentence be carried
out.
Suspended sentence with protective supervision
Article 58.
(1) Under conditions set forth in the laws of republics or autonomous
provinces the court may order that an offender who has been subject
to a suspended sentence be put under protective supervision for
a certain period of time during the testing period.
(2) Protective supervision encompasses measures of assistance,
care, supervision and protection provided for in statute.
(3) If during protective supervision the court establishes that
the purpose of the sentence has been attained, it may terminate
the protective supervision even before the expiration of a certain
period.
(4) If a convicted person who has been ordered to have protective
supervision does not fulfil obligations imposed on him by the
court, the court may warn him or may replace earlier obligations
with others or extend the protective supervision in the framework
of the testing period, or may revoke the suspended sentence.
(5) A court may order protective supervision against an offender
who has been subject to a suspended sentence for a criminal act
defined in the federal law, if the sentence is provided for in
the law of republic or autonomous province in which the offender
is on trial.
Judicial admonition
Article 59.
(1) Judicial admonition may be administered for criminal acts
for which a punishment of imprisonment of up to one year or a
fine has been prescribed, if they have been committed under such
extenuating circumstances which render them particularly minor.
(2) Judicial admonition may be administered for certain criminal
acts under conditions provided by statute even in cases for which
a punishment of imprisonment for a term not exceeding three years
has been prescribed.
(3) Given the conditions numerated in paragraphs 1 and 2 of
this article, the court may administer judicial admonition for
several criminal acts committed together..
(4) In deciding whether to administer judicial admonition, the
court shall, taking into account the purpose of judicial admonition,
give special consideration to the personality of the offender,
his past conduct, his conduct after the commission of the criminal
act, the level of criminal liability and other circumstances in
which the act has been committed.
(5) Judicial admonition shall not be administered to military
persons for criminal acts against the armed forces of the SFRJ.
Chapter
Five
SECURITY MEASURES
Purpose of security measures
Article 60.
In the framework of the general purpose of criminal sanctions
(Article 5, paragraph 2), the purpose of security measures is
to remove the situations or conditions which might influence an
offender so that he commits criminal acts in the future.
Types of security measures
Article 61.
The following security measures may be imposed on persons who
have committed criminal acts:
1) mandatory psychiatric treatment and custody in a medical
institution;
2) mandatory psychiatric treatment outside prison;
3) mandatory medical treatment of alcoholics and drug addicts;
4) prohibition to carry out a certain occupation, activity or
duty;
5) bar to public appearance;
6) prohibition against driving a motor vehicle;
7) confiscation of property;
8) banishment of a foreigner from the country.
Imposing security measures
Article 62.
(1) The court may impose one or more security measures on a
person who has committed a criminal act when grounds exist for
their application pursuant to the present code.
(2) Mandatory psychiatric treatment and custody in a health
institution, and mandatory psychiatric treatment outside prison
shall be imposed independently on a mentally incompetent perpetrator
of a criminal act. Besides these measures, the court may also
order a prohibition to carry out a certain occupation, activity
or duty, bar to public appearance, prohibition against driving
a motor vehicle and confiscation of property.
(3) The prohibition against driving a motor vehicle and confiscation
of property may be ordered if a punishment, suspended sentence,
judicial admonition or remission of punishment has been imposed
on an offender.
(4) Mandatory medical treatment of alcoholics and drug addicts,
prohibition to carry out a certain occupation, activity or duty,
bar to public appearance and banishment of a foreigner from the
country may be ordered if a punishment or a suspended sentence
has been imposed on an offender.
Mandatory psychiatric treatment and custody
in a medical institution
Article 63.
(1) The court shall impose mandatory psychiatric treatment and
custody in a medical institution on an offender who has committed
a criminal act while in the state of mental incompetence or substantially
diminished responsibility, if it establishes that the offender
poses danger to the environment and that his treatment and custody
in such an institution is necessary for the sake of removing that
danger.
(2) The court shall cancel the measure referred to in paragraph
1 of this article upon a determination that further detention
in the institution is not necessary.
(3) The time spent in the institution by the offender who has
committed a criminal act in a state of substantially diminished
responsibility and who has been sentenced to imprisonment shall
be credited toward service of the imposed sentence. In the event
that the term of the imposed sentence exceeds the time spent by
the convicted person in the institution, the court may order that
the convicted person be sent to serve the remainder of the sentence
or be released on parole. In deciding whether to grant parole,
the court shall take into special consideration the convicted
person's response to the treatment, to the condition of his health,
to the time spent by him in the medical institution and to the
remainder of the sentence he is to serve.
Mandatory psychiatric treatment outside
prison
Article 64.
(1) The court shall impose mandatory psychiatric treatment outside
prison on an offender who has committed a criminal act in the
state of mental incompetence, if it establishes that he poses
a danger to his environment, and if his treatment outside prison
is sufficient for the removal of this danger.
(2) The measure referred to in paragraph 1 of this article may
be imposed on a mentally incompetent offender on whom a mandatory
psychiatric treatment and custody in a medical institution have
been imposed when on the basis of the results of the treatment
a court establishes that further treatment and custody in the
medical institution is no longer needed, but only his treatment
outside prison.
(3) The court may impose mandatory psychiatric treatment outside
prison defined under paragraph 1 of this article on an offender
whose responsibility is substantially diminished and who has been
granted parole on the basis of Article 63, paragraph 3 of this
law.
(4) Mandatory psychiatric treatment outside prison shall not
exceed two years.
(5) If in cases referred to in paragraphs 1 to 3 of this article
the offender fails to undergo treatment outside prison, or if
he terminates it of his own accord, or if despite the treatment
he becomes so dangerous to his environment that his custody in
a medical institution becomes necessary, then the court may impose
on him a measure of mandatory psychiatric treatment and custody
in a medical institution.
Compulsory medical treatment of alcoholics
and drug addicts
Article 65.
(1) The court may order a mandatory treatment of an offender
who had become addicted to alcohol or narcotic drugs and has therefore
committed a criminal act if there is a danger that due to this
addiction he might recidivate.
(2) The measure defined in paragraph 1 of this article shall
be carried out in an institution for the execution of punishment
or in a medical or some other specialized institution. The time
spent in such an institution shall be credited toward service
of the sentence.
(3) When imposing a suspended sentence, the court may order
the offender to submit himself to medical treatment outside prison,
taking into special consideration the offender's readiness to
undergo such treatment. If the offender fails to undergo such
a treatment outside prison without a justifiable cause, or if
he of his own accord quits the treatment, a court may order that
the suspended sentence be revoked or that the measure of compulsory
medical treatment of an alcoholic or drug addict be compulsorily
carried out in a medical or some other specialized institution.
(4) If this measure has been imposed alongside a suspended sentence,
it may not exceed two years.
Being prohibited from carrying out a certain
occupation, activity or duty
Article 66.
(1) The court may prohibit a person who has committed a criminal
act from exercising a particular profession, independent activity,
or some duties related to the disposition, utilization, management
or handling of social property or safe-keeping of such property,
if the offender has misused his profession, activity or duty for
the sake of committing a criminal act, or if there is a probable
cause to believe that his further exercise of such activity would
be dangerous.
(2) The court shall decide on the duration of the measure defined
in paragraph 1 of this article, which must exceed one but must
not exceed 10 years, as of the day of effectiveness of the judgement.
The time spent in prison or medical institution for custody and
medical treatment shall not be credited towards the term of this
measure.
(3) When imposing a suspended sentence, the court may dispose
that such sentence will be revoked if the offender violates the
attached prohibition from carrying out a certain occupation, activity
or duty.
Bar to public appearance
Article 67.
(1) The court may debar a person who has committed a criminal
act from public expression in the press, public appearance on
the radio, television and at public meetings, as well as from
performing publishing activities, if the offender has misused
his public appearance for the purpose of committing a criminal
act, or if there is a probable cause to believe that his further
public appearance would be dangerous.
(2) The court shall decide on the duration of the measure defined
in paragraph 1 of this article which must exceed one but must
not exceed five years, as of the day of effectiveness of the judgement.
The time spent in prison or medical institution for custody and
medical treatment shall not be credited towards the term of this
measure.
(3) When imposing a suspended sentence, the court may dispose
that such sentence will be revoked if the offender violates the
bar to public appearance.
Prohibition against driving a motor vehicle
Article 68.
(1) The court may impose a prohibition against driving a motor
vehicle of a certain type or category on a person who has committed
a criminal act which has endangered traffic safety.
(2) The court may impose the measure defined in paragraph 1
of this article if it finds that the circumstances in which the
act has been committed or earlier violations of traffic regulations
on the part of the offender constitute evidence that it would
be dangerous for him to drive a motor vehicle of a certain type
or category. In making a determination whether to order this measure,
the court shall take into account whether the offender happens
to be a professional driver of a motor vehicle.
(3) The court shall decide on the duration of the measure defined
in paragraph 1 of this article which must exceed three months
but must not exceed five years, as of the day of effectiveness
of the judgement. The time spent in prison or medical institution
for custody and medical treatment shall not be counted towards
the term of this measure.
(4) If the measure defined in paragraph 1 of this article has
been imposed on a person who holds a foreign driving license,
then the measure comprises the ban on its utilization on the territory
of the SFRJ for a period of between three months and five years.
(5) When imposing a suspended sentence, the court may determine
that the sentence will be revoked if the offender violates the
ban on driving a motor vehicle.
Confiscation of objects
Article 69.
(1) Objects used or destined for use in the commission of a
criminal act as well as those which resulted from the commission
of a criminal act may be confiscated if they are owned by the
offender.
(2) Objects referred to in paragraph 1 of this article may be
confiscated even when they are not owned by the offender when
considerations of general safety or preservation of morals so
require , but such confiscation does not affect the rights of
third parties to obtain damages from the offender.
(3) It may be set forth in the law that the confiscation of
objects be mandatory.
Expulsion of a foreigner from the country
Article 70.
(1) The court may order that a foreigner be expelled from the
territory of the SFRJ for a period of from one to 10 years, or
for all time.
(2) In deciding whether to impose the measure defined in paragraph
1 of this article, the court shall take into account motives from
which he committed the criminal act, the mode of its commission,
and other circumstances which indicate the prejudicial character
of his further residence in the country.
(3) The period of expulsion commences on the day when the decision
takes legal effect. The time spent in prison shall not be counted
towards the term of this measure.
Chapter
Six
GENERAL RULES RELATING TO EDUCATIONAL MEASURES
AND TO THE PUNISHMENT OF JUVENILES
Special criminal justice provisions applicable
to juveniles
Article 71.
(1) The provisions of this chapter and criminal justice provisions
on juveniles set forth in the criminal codes of the republics
and autonomous provinces are applicable to juveniles who have
committed criminal acts, while other criminal justice provisions
set forth in the laws of the federation, republics and autonomous
provinces shall be applied to juveniles only if they are not in
contravention of special provisions which are applicable to them.
(2) Special provisions applicable to juveniles who have committed
criminal acts are applied under conditions provided for in the
provisions set forth in this chapter to adult persons when on
trial for criminal acts which they have committed as juveniles,
and exceptionally to persons who have committed a criminal act
as junior adults.
Exemption of children from criminal sanctions
Article 72.
Criminal sanctions cannot be applied to a juvenile who at the
time of the commission of a criminal act was aged under 14 (a
child).
Criminal sanctions against juveniles
Article 73.
(1) A juvenile who at the time of commission of a criminal act
had attained the age of 14 years but had not reached the age of
16 years (a junior juvenile) may not be punished but educational
measures shall be ordered on him.
(2) A juvenile who at the time of commission of a criminal act
had attained the age of 16 years but had not yet reached the age
of 18 years (a senior juvenile) may be subject to educational
measures under conditions laid down by this code, and exceptionally,
he may be sentenced to a juvenile custody.
(3) Security measures may be imposed on juveniles under conditions
laid down in the laws of republics or provinces.
(4) Judicial admonition or a suspended sentence may not be imposed
on a juvenile.
Purpose of educational measures and juvenile
custody
Article 74.
In the framework of the general purpose of criminal sanctions
(Article 5, paragraph 2), the purpose of educational measures
and juvenile custody is to ensure the education, rehabilitation
and proper development of juveniles who have committed criminal
acts by extending protection, assistance and supervision to them,
providing them with expert training and developing their personal
responsibility. Besides that, the purpose of juvenile custody
is to exercise special influence on juvenile offenders in order
to prevent them from committing criminal acts in the future, as
well as to deter other juveniles from committing criminal acts.
Types of educational measures
Article 75.
(1) Educational measures are: disciplinary, intensive supervision
and institutional measures.
(2) Disciplinary measures shall be imposed on a juvenile who
need not be submitted to extended educational or reformatory measures,
in particular if he has committed a criminal act out of thoughtlessness
or frivolity.
(3) Measures of intensive supervision shall be imposed on a
juvenile if it appears necessary to submit the juvenile to extended
measures of education, rehabilitation or treatment with adequate
supervision, but where it is not necessary to completely isolate
him from the old environment.
(4) Institutional measures shall be imposed on a juvenile when
it appears necessary to submit him to extended measures of education,
rehabilitation or treatment, as well as to detach him completely
from his old environment. These measures may not last more than
five years.
Discontinuance and modification of decisions
relative to educational measures
Article 76.
Under conditions laid down in law, the court may decide that
the enforcement of educational measure ordered be discontinued,
or the measure ordered be substituted by another educational measure,
or other changes in terms of the imposed educational measure be
carried out, or it may decide to cancel the execution of the educational
measure ordered if a certain period of time has elapsed since
the measure was ordered and if the execution has not yet commenced.
Punishing senior juveniles
Article 77.
A senior juvenile may be punished only if he has committed a
criminal act for which a punishment more severe than five years
of imprisonment has been prescribed, and if it would not be warranted
to apply an educational measure because of the grave consequences
of the act committed and the high degree of criminal responsibility.
Juvenile custody
Article 78.
(1) The punishment of juvenile custody may not be shorter than
one year nor longer than 10 years, and shall be measured in full
years or half-years.
(2) In deciding upon punishment for a senior juvenile for a
certain criminal act, the court may not impose a punishment of
juvenile custody for a term exceeding that of the period of imprisonment
prescribed for that particular act, but the court shall not be
bound by the minimum punishment provided for a given act.
Ordering educational measures and juvenile
custody when there is a concurrence of criminal acts
Article 79.
(1) The court shall impose only one educational measure on a
juvenile for criminal acts in concurrence, or only a sentence
to juvenile custody when legal conditions exist for the sentence
to be imposed and when the court finds that it should be imposed.
(2) Pursuant to the provision set forth in paragraph 1 of this
article, the court shall proceed in the same manner in case it
establishes that a juvenile had committed a criminal act prior
or after an educational measure or juvenile custody has been imposed.
Bar to execution of the punishment of
juvenile custody by lapse of time
Article 80.
The execution of the punishment of juvenile custody is barred
after the lapse of:
(1) 10 years from the sentence to juvenile custody for a term
exceeding five years;
(2) five years from the sentence to juvenile custody for a term
exceeding three years;
(3) three years from the sentence to juvenile custody for a
term not exceeding three years.
Imposing criminal sanctions on adults
for acts they committed as juveniles
Article 81.
(1) An adult who is aged 21 or over cannot be tried for a criminal
act he committed as a junior juvenile.
(2) If an adult is not aged 21 or over at the time of the trial,
he may be tried only for criminal acts for which a punishment
of imprisonment for a term exceeding five years has been prescribed.
The court may impose on such a person only an appropriate institutional
educational measure. In considering whether to order such a measure
or not, the court shall take into account all the relevant circumstances
of the case, in particular the gravity of the act committed, the
time that has elapsed since the commission, the conduct of the
offender and the purpose of the educational measure.
(3) An appropriate institutional educational measure may be
imposed on an adult for a criminal act he committed as a senior
juvenile, and under conditions defined in Article 77 of this law
a punishment of juvenile custody may also be imposed. In deciding
whether to impose a sanction and which of the sanctions to impose,
the court shall take into account all the relevant circumstances
of the case, in particular the gravity of the act committed, the
time which has elapsed since its commission, the conduct of the
offender, as well as the purpose of these sanctions.
(4) As an exception to the provision set forth in paragraph
3 of this article, in lieu of juvenile custody the court may sentence
of imprisonment or impose a suspended sentence on an adult who
was aged 21 or more at the time of the trial. Regarding rehabilitation,
deleting the sentence and legal consequences of the sentence,
the sentence of imprisonment in this case has the same legal effect
as a juvenile custody sentence.
Imposing educational measures on young
adults
Article 82.
(1) The court may impose an appropriate measure of intensive
supervision or an institutional measure on an offender who has
committed a criminal act as an adult, if given his personality
and circumstances in which he committed the act, it may be expected
that the purpose which would be attained by sentencing him to
imprisonment will be attained by the educational measure.
(2) Under conditions defined in this law, the court may impose
all security measures on a young adult on whom it had imposed
an educational measure, except for a prohibition to carry out
a certain occupation, activity or duty, and a bar to public appearance.
(3) The educational measure imposed may last only until the
offender is aged 23.
Effect of educational measures and juvenile
custody punishment
Article 83.
Educational measures and juvenile custody do not include legal
consequences consisting of the suspension of the exercise of certain
rights (Article 89, paragraph 2).
Chapter
Seven
APPROPRIATION OF MATERIAL GAIN ACQUIRED BY THE
COMMISSION OF A CRIMINAL ACT
The basis of the appropriation of material
gain
Article 84.
(1) No one is allowed to retain material gain acquired by the
commission of a criminal act.
(2) The benefit referred to in paragraph 1 of this article shall
be appropriated by court order which established the commission
of a criminal act, under the terms set forth in this law.
Modes of appropriating material gain
Article 85.
(1) All the money, valuable objects and every other material
gain acquired by the commission of a criminal act shall be appropriated
from offenders, and in case the appropriation is not feasible
- the offender shall be obliged to pay a sum of money which corresponds
to the acquired material gain.
(2) Material gain acquired by the commission of a criminal act
may be appropriated from the persons to whom it has been transferred
without compensation or with a compensation which do not corresponds
to the real value, if the persons knew or might have known that
the material gain has been acquired by the commission of a criminal
act. In cases when the material gain has been transferred to close
relatives, it shall be appropriated from them as well, unless
they prove that they have given the full value worth of compensation.
Protection of damaged party
Article 86.
(1) If legal damages have been awarded to a damaged party the
court shall order the appropriation of material gain if it exceeds
the ordered property-legal claim of the damaged party.
(2) A damaged party who has been directed to litigate in the
course of criminal proceedings regarding his property-legal claim
- may demand that he be compensated from the amount of the appropriated
value, providing he litigates within six months from the day when
the decision by which he has been directed to litigate takes effect,
and if within three months from the day when his claim has been
legally established he demands to be compensated from the appropriated
value.
(3) A damaged party who did not report a property-legal claim
in the course of a criminal proceedings may demand compensation
from the appropriated value, if for the sake of establishing his
claim he has begun litigating within three months from the day
when he found out about the verdict which appropriates a material
gain, and no longer than within two years from the day when the
decision on the appropriation of material gain took effect, and
if within three months from the day when the decision by which
his claim was established he demands compensation from the appropriated
value.
Appropriating material gain from an organization
or grouping
Article 87.
If by a criminal act committed by a perpetrator a material gain
has been acquired for an organization of associated labour or
other self-managing organization or grouping, the benefit shall
be appropriated from the organization or grouping.
Chapter
Eight
LEGAL CONSEQUENCES INCIDENT TO CONVICTION
Taking effect of the legal consequences
incident to conviction
Article 88.
(1) Convictions for particular criminal acts or sentences of
particular punishments may entail as legal consequences the cessation,
that is the loss of certain rights or bar on the acquisition of
certain rights.
(2) Legal consequences incident to conviction cannot occur when
the perpetrator of a criminal act has been punished with a fine,
suspended sentence or judicial admonition, or when the court has
refrained from imposing a punishment on him.
(3) Legal consequences incident to conviction may be provided
by statute only and they take effect by the force of the law in
which they were set forth.
Types of legal consequences incident to
conviction
Article 89.
(1) Legal consequences incident to conviction relating to the
termination or loss of certain rights are as follows:
1) cessation of the performance of particular jobs or functions
in organs of socio-political communities, other state organs,
organizations of associated labour and other self-managing organizations
and groupings;
2) termination of employment or cessation of the performance
of a particular profession, occupation or activity;
3) deprivation of a military officer's rank, or loss of a
military employee's grade:
4) deprivation of decorations.
(2) Legal consequences incident to conviction which consist
of a bar on the acquisition of particular rights are as follows:
1) debarment on the performance of certain jobs or functions
in organs of socio-political communities, other state organs,
organizations of associated labour and other self-managing organizations
and groupings;
2) debarment on public expression in the press, on radio or
television or at public assemblies, prohibition from performing
publishing activities and from participation in the forming
of associations;
3) bar on the acquisition of a particular office, title, position
or promotion in service;
4) bar on the acquisition of particular permits or licenses
which are approved by a decision of state organs.
Beginning and duration of the legal consequences
incident to conviction
Article 90.
(1) The legal consequences incident to conviction take effect
on the day of effectiveness of the sentence.
(2) The legal consequences incident to conviction which consist
of bars on the acquisition of particular rights may not exceed
10 years from the day on which the punishment has been served,
pardoned or amnestied, or has been barred by the statute of limitation,
unless for certain legal consequences such a statute provides
a shorter period of time for serving the sentence.
(3) The legal consequences incident to conviction cease to be
effective by the deletion of the sentence.
Chapter
Nine
REHABILITATION, EXTINCTION OF PUNISHMENT AND CONDITIONS
FOR RELEASING INFORMATION FROM THE CRIMINAL RECORDS
Rehabilitation
Article 91.
(1) Following release from the institution where they had served
sentences to imprisonment or after being pardoned or amnestied,
or after the punishment was barred by the statute of limitation,
convicted persons shall freely enjoy all rights established by
the constitution, law and other regulations and general acts of
self-management, and may acquire all rights other than those whose
exercise is limited as a result of a security measure imposed
on them or a legal consequence of the conviction.
(2) The provision referred to in paragraph 1 of this article
is in force for persons on conditional leave, unless their rights
are limited by a special lawful provisions on the conditional
leave.
Termination of security measures and legal
consequences incident to conviction on the basis of the court
decision
Article 92.
(1) The court may decide that security measures imposing a prohibition
to carry out a certain occupation, activity or duty, bar to public
appearance and prohibition against driving a motor vehicle be
terminated if three years have elapsed from the day they took
effect.
(2) The court may decide that the legal consequence of a sentence
relating to the bar on the acquisition of a certain right be terminated
after the lapse of three years from the day on which the punishment
has been served, pardoned or amnestied, or barred by the statute
of limitation.
(3) In deciding whether to order the termination of a security
measure, i.e. a legal consequence of a sentence, the court shall
take into account the conduct of the convicted person after the
conviction, his readiness to compensate damage caused by the commission
of a criminal act and to return material gain acquired by the
commission of a criminal act, as well as other circumstances which
indicate the justifiability of the termination of a security measure,
i.e. a legal consequence of a sentence.
(4) The termination of legal consequences incident to conviction
does in no way affect the rights of third parties originating
from the judgment.
Expunging of the conviction
Article 93.
(1) The sentence of judicial admonition and the sentence by
which a person who has committed a criminal act was excused of
a punishment shall be expunged of the criminal record, provided
he does not commit a fresh criminal act within one year from the
day of effectiveness of the decision.
(2) A suspended sentence shall be expunged of the criminal record
after one year from the expiration of the testing period unless
the person convicted commits another criminal act within that
period.
(3) A sentence of a fine shall be expunged of the criminal record
after three years have elapsed from the day on which the punishment
has been served, pardoned or amnestied, or barred by the statute
of limitation, provided the convicted person does not commit a
fresh criminal act within that period.
(4) The sentence of imprisonment for a term not exceeding one
year and juvenile custody shall be expunged of the criminal record
after five years have elapsed from the day on which the punishment
has been served, pardoned or amnestied, or has been barred by
the statute of limitation, provided that the convicted person
does not commit a fresh criminal act within that period.
(5) Upon an appeal by a convicted person, the court may decide
that a sentence of imprisonment for a term exceeding one year
but not exceeding three years be expunged of the criminal record,
if a period of five years has expired from the day on which the
punishment has been served, pardoned or amnestied, or barred by
lapse of time, and provided that the convicted person has not
committed a fresh criminal act within that period. In deciding
on the expungion of the sentence the court shall take into account
the conduct of the convicted person after serving his sentence,
the nature of the criminal act, and other circumstances that might
be relevant for the evaluation of the justifiability of the expungion.
(6) Sentences cannot be expunged of criminal records as long
as security measures are in force.
(7) If in the course of the expunging period a convicted person
is sentenced to imprisonment for a term exceeding three years,
neither previous nor subsequent sentences shall be expunged of
the criminal record.
(8) Several sentences which have been imposed on the same person
may be expunged of the criminal record only simultaneously, and
only if conditions exist for each of the sentences to be expunged.
Information from the criminal record
Article 94.
(1) Information contained in the criminal record may be transmitted
to the court, the public prosecutor's office and organs of internal
affairs in connection with criminal proceedings conducted against
a person who was already convicted earlier, to competent organs
in charge of the execution of criminal sanctions and competent
organs participating in the procedure of granting amnesty, pardon
or expungion of a sentence.
(2) Information from the criminal record may, upon the presentation
of a justifiable request, be given to state organs, organizations
of associated labour and other self-managing organizations and
groupings, if certain legal consequences incident to conviction
or security measures are still in force, or if there exists a
lawfully justified interest for it.
(3) In case when a conviction is expunged, information on the
conviction may only be given to the court, the public prosecutor's
office and organs of internal affairs in relation to criminal
proceedings conducted against a person whose previous conviction
has been expunged.
(4) No one has the right to demand that citizens present evidence
on their being convicted or not (being convicted).
(5) At their request, citizens may be given information on their
being convicted or not being convicted only if the information
is necessary for exercising their rights abroad.
Chapter
Ten
BAR BY LAPSE OF TIME
Bar to prosecution by lapse of time
Article 95.
(1) Unless it is stipulated otherwise in this law, criminal
prosecution is barred after the lapse of:
1) 25 years from the commission of a criminal act for which
the law provides the capital punishment or the punishment of
imprisonment for a term of 20 years;
2) 15 years from the commission of a criminal act for which
the law provides imprisonment for a term exceeding 10 years;
3) 10 years from the commission of a criminal act for which
the law provides imprisonment for a term exceeding five years;
4) five years from the commission of a criminal act for which
the law provides imprisonment for a term exceeding three years;
5) three years from the commission of a criminal act for which
the law provides imprisonment for a term exceeding one year;
6) two years from the commission of a criminal act for which
the law provides imprisonment for a term not exceeding one year
or a fine.
(2) If several punishments are prescribed for a single criminal
act, the period of limitation shall be determined according to
the heaviest punishment prescribed.
The running and interruption of the period
of limitation to criminal prosecution
Article 96.
(1) The period of limitation to the criminal prosecution commences
with the day on which the criminal act has been committed.
(2) The running of the period of limitation is suspended for
any time during which the prosecution cannot be instituted or
continued by reason of provision of law.
(3) The running of the period of limitation is interrupted by
every act of proceedings which relates to the prosecution of the
perpetrator on account of the criminal act committed.
(4) The running of the period of limitation is also interrupted
if the perpetrator, before the period of limitation has elapsed,
commits a fresh criminal act of the same gravity or a graver criminal
act.
(5) A new period of limitation begins with every interruption.
(6) There shall be an absolute bar to prosecution when twice
as much time lapses as required, in accordance with the law, for
the bar to prosecution.
Bar to execution of punishment by lapse
of time
Article 97.
Unless it is stipulated otherwise in the law, the execution
of sentences is barred after the lapse of:
1) 25 years from the death penalty or from the sentence of imprisonment
for a term of 20 years;
2) 15 years from the sentence of imprisonment for a term exceeding
10 years;
3) 10 years from the sentence of imprisonment for a term exceeding
five years;
4) five years from the sentence of imprisonment for a term exceeding
three years;
5) three years from the sentence of imprisonment for a term
exceeding one year;
6) two years from the sentence of imprisonment for a term not
exceeding one year or to a fine.
Bar to execution of accessory punishment
and security measures by lapse of time
Article 98.
(1) The execution of the punishment of confiscation of property
is barred after the lapse of 10 years from the day of effectiveness
of the judgment under which such punishment has been imposed.
(2) The execution of a fine as an accessory punishment shall
be barred after the lapse of two years from the day of effectiveness
of the judgment whereby such punishment has been imposed.
(3) The execution of the security measures of compulsory psychiatric
treatment and custody in a medical institution, compulsory psychiatric
treatment outside prison and forfeiture of objects shall be barred
after the lapse of five years from the day of effectiveness of
the judgment whereby these measures have been ordered.
(4) The execution of the security measures of prohibition to
carry out a certain occupation, activity or duty, bar on public
appearance and prohibition against driving a motor vehicle shall
be barred after the lapse of the period for which the measures
have been ordered.
The running and interruption of the period
of limitation to execution of punishment
Article 99.
