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.
(1) The period of limitation to the execution of punishment
commences with the day of the effectiveness of the judgement,
and in the case of the revocation of a suspended sentence with
the day on which the decision on the revocation became legally
effective.
(2) The running of the period of limitation is suspended for
any time during which the law prevents the execution of the punishment
from commencing.
(3) The running of the period of limitation is interrupted by
every act of a competent organ undertaken toward the execution
of the punishment.
(4) The running of the period of limitation is resumed after
every interruption.
(5) There shall be an absolute bar to the execution of punishment
when twice as much time has elapsed as required, in accordance
with the law, for the bar to the execution of punishment.
(6) The provisions set forth in paragraphs 2 to 5 of this article
shall be applied accordingly to the bar to the execution of the
security measures.
Genocide and war crimes as criminal acts
not subject to the statute of limitations
Article 100.
A criminal prosecution and the execution of a sentence are not
subject to the statute of limitations for criminal acts referred
to in articles 141 to 145 of this law, as well as for other criminal
acts which pursuant to international agreements are not subject
to the statute of limitations.
Chapter
Eleven
AMNESTY AND PARDON
Amnesty
Article 101.
Persons covered by an act of amnesty are granted immunity from
prosecution, complete or partial exemption from the execution
of punishment, substitution of the imposed punishment by a less
severe one, expungion of the conviction, or annulment of legal
consequences incident to conviction.
Pardon
Article 102.
(1) By means of pardon specifically designated persons are granted
immunity from prosecution, complete or partial exemption from
the execution of punishment, substitution of the imposed punishment
by a less severe one, expungion of the conviction, or annulment
or shortening the duration of the legal consequences incident
to conviction or security measure.
(2) A pardon may establish termination or shorter duration of
the following security measures: prohibition to carry out a certain
occupation, activity or duty, bar to public appearance, prohibition
against driving a motor vehicle for the offenders who are drivers
by profession, or expelling a foreigner from the country.
Impact of amnesty and pardon on third
parties
Article 103.
The granting of amnesty or pardon shall in no way affect the
rights of third parties emanating from the judgment.
Chapter
Twelve
APPLICABILITY OF YUGOSLAV CRIMINAL LAW WITH RESPECT
TO THE PLACE OF THE COMMISSION OF A CRIMINAL ACT
Applicability of Yugoslav criminal law
to anybody committing a criminal act on the territory of the SFRJ
Article 104.
(1) Yugoslav criminal law applies to anybody who has committed
a criminal act on the territory of the SFRJ.
(2) Yugoslav criminal law applies to anybody who commits a criminal
act aboard a domestic vessel, regardless of its whereabouts at
the time of commission of the act.
(3) Yugoslav criminal law applies to anybody who commits a criminal
act aboard a domestic civil aircraft while in flight, or aboard
a domestic military aircraft, regardless of its location at the
time of commission of the act.
Applicability of Yugoslav criminal law
to specific criminal acts committed abroad
Article 105.
Yugoslav criminal law applies to anybody who while abroad commits
a criminal act referred to in articles 114 to 133, and 135 to
138 of this law, or article 168 of this law insofar as the falsifying
relates to domestic currency.
Applicability of Yugoslav criminal law
to a SFRJ citizen committing a criminal act abroad
Article 106.
Yugoslav criminal law applies to a citizen of SFRJ when he commits
abroad a criminal act other than those referred to in article
105 of this law, provided he is found on the territory of the
SFRJ or has been extradited to the SFRJ.
Applicability of Yugoslav criminal law
to a foreigner committing a criminal act abroad
Article 107.
(1) Yugoslav criminal law applies to a foreigner who has committed
a criminal act outside the territory of the SFRJ against the country
or its citizen, when the acts in question do not belong to the
group of acts referred to in article 105 of this law, provided
he is found on the territory of the SFRJ or has been extradited
to the SFRJ.
(2) Yugoslav criminal law applies to a foreigner who commits
a criminal act abroad against a foreign country or another foreigner,
for which this law provides imprisonment for a term of five years
or a heavier penalty, provided the perpetrator is found on the
territory of the SFRJ and is not extradited to a foreign country.
Unless it is stipulated otherwise in this law, in such a case
the court may not impose a heavier punishment than the one provided
by the law of the country in which the criminal act has been committed.
Special prerequisites of prosecution
Article 108.
(1) If, in cases referred to in Article 104 of this law, criminal
proceedings have commenced or have terminated in a foreign country,
prosecution shall be instituted in the SFRJ only upon the approval
on the part of the Federal Public Prosecutor for criminal acts
defined in the federal criminal code, that is to say upon the
approval on the part of the public prosecutor of a republic or
autonomous province for criminal acts defined in the criminal
codes of the republic or autonomous province.
(2) In cases referred to in articles 106 and 107 of this law,
persecution shall not be instituted if:
1) the offender has completely served the sentence to which
he has been sentenced abroad;
2) the offender has been acquitted by a legally effective
foreign judgement, or if his punishment has been barred by lapse
of time, amnestied or pardoned abroad;
3) by foreign law the criminal act may only be prosecuted
upon request by the damaged party and if such a request has
not been filed.
(3) In cases referred to in articles 106 and 107 of this law,
prosecution shall be instituted only if the act committed is also
punishable. If in cases referred to in articles 106 and 107, paragraph
1 of this law, such criminal act is not punishable under the law
of the country of commission, prosecution may be instituted only
upon the approval on the part of the Federal Public Prosecutor
for criminal acts defined in the federal criminal code, that is
to say upon the approval on the part of the public prosecutor
of a republic or autonomous province for criminal acts defined
in the criminal codes of the republic or autonomous province.
(4) It is only after the approval on the part of the Federal
Public Prosecutor that prosecution may be instituted in the SFRJ
in cases referred to in Article 107, paragraph 2 of this law,
regardless of the law of the country in which the criminal act
has been committed, if at the time of the commission the act in
question was considered a criminal act in accordance with the
general legal principles recognized by the international community.
(5) In cases referred to Article 104 of this law, prosecution
of a foreigner may be handed over to a foreign country on the
condition of reciprocity.
Credit for the detention and sentence
served abroad
Article 109.
The detention, deprivation of freedom in the course of an extradition
procedure, as well as the punishment which the offender served
upon a judgment of a foreign court, shall be credited toward service
of the sentence imposed by the domestic court for the same criminal
act, and if the punishments are not of the same kind -- the deduction
of the punishment served abroad shall be effected in a way the
court finds fit.
Chapter
Thirteen
APPLICABILITY OF CRIMINAL LAWS OF REPUBLICS AND
PROVINCES WITH RESPECT TO THE PLACE OF THE COMMISSION OF A CRIMINAL
ACT
Applicability of criminal laws of republics
or provinces to criminal acts committed inside the territory of
a republic or autonomous province
Article 110.
(1) Criminal codes of republics and autonomous provinces apply
to anybody who on the territory of the republic or autonomous
province commits a criminal act for which the law provides a punishment,
regardless of where he is tried for the act.
(2) If a criminal act has been committed in the territory of
two or more republics or autonomous provinces, and if the offender
is tried in one of those republics or autonomous provinces, it
is the law of the republic or autonomous province in which the
act has been committed that shall be applied.
(3) If a criminal act has been committed in the territory of
two or more republics or autonomous provinces, and if the offender
is tried outside the territory of these republics or autonomous
provinces, to be applied is the law of the republic or autonomous
province which is less severe for the offender, and if these laws
are equally severe, to be applied is the law of the republic or
autonomous province in which the commission of the criminal act
commenced.
Application of provisions on educational
measures and punishment of juveniles
Article 111.
Provisions on educational measures and punishment of juveniles,
which are in force in the place where a person who has committed
a criminal act is tried, apply when a juvenile or an adult who
was juvenile at the time of the commission of a criminal act is
tried for a criminal act defined in the federal criminal code,
and in criminal codes of republics and autonomous provinces.
Applicability of criminal laws of republics
or provinces to criminal acts committed outside the territory
of the SFRJ
Article 112.
Criminal code of the republic or autonomous province in which
an offender is being tried apply to criminal acts defined in the
code of the republic or autonomous province in cases when the
acts have been committed outside the territory of the SFRJ, including
criminal acts committed aboard a domestic vessel or aboard a domestic
aircraft while outside the territory of the SFRJ.
Chapter
Fourteen
MEANING OF STATUTORY TERMS
Article 113.
(1) The term "territory of the SFRJ" understands its land territory,
coastal seas and water areas within its borders, as well as the
air space over them.
(2) The term "territory of a republic or autonomous province"
understands its land territory, coastal seas and water areas within
its borders, as well as the air space over them.
(3) The term "Yugoslav criminal law" understands all criminal
justice provisions set forth in the laws of the federation, republics
and autonomous provinces.
(4) The term "official," when it refers to a perpetrator of
a criminal act understands: elected or appointed officials in
the SFRJ Assembly, Federal Executive Council, federal administration
bodies and other federal bodies, as well as federal organizations
which perform certain administrative, expert and other functions
within the rights and obligations of the federation; persons who
continuously or occasionally executes an official duty in federal
bodies or in the foregoing federal organizations; military persons,
if a criminal act is not defined in the Chapter Twenty of this
code.
(5) The term "military person" understands a soldier in the
military service; cadet at a military academy; junior officer
on active duty, officer on active duty or military employee; a
reservist on military duty as serviceman, and a civilian person
executing a certain military duty.
(6) When an official or a military person has been accused of
committing certain criminal acts, persons referred to in paragraphs
4 and 5 of this article may be the perpetrators of these acts
provided it does not follow from characteristics of a particular
act or particular prescript that their perpetrator may only be
certain of the specified persons.
(7) A "document" denotes any object that is suitable or designed
to serve as evidence of some fact relevant to legal relations.
(8) "Currency" denotes coins and bank-notes which are legal
tender in the SFRJ or in a foreign country.
(9) "Representatives of value" include also foreign representatives
of value.
(10) "Violence" shall be so construed as to include the use
of hypnotic suggestion or intoxicating substances for the purpose
of bringing a person against his will into a state of unconsciousness,
or incapacitating him for resistance.
(11) A "motor vehicle" shall be so construed as to include every
engine-run means for the land, water and air traffic.
SPECIAL
PART
Chapter
Fifteen
CRIMINAL ACTS AGAINST THE BASES OF THE SOCIALIST
SELF-MANAGING SOCIAL SYSTEM AND SECURITY OF SFRJ
Counter-revolutionary endangering of the
social system
Article 114.
Whoever commits an act aimed at: restricting or overthrowing
the authority of the working class and working people; undermining
the constitutionally-established socio-economic system, socio-political
system or the self-management system; overthrowing organs of social
self-management and authorities, their executive organs or representatives
of the highest state authorities in contravention of the Constitution;
undermining the economic basis of the country; destroying the
brotherhood and unity or violating the equality of nations and
nationalities; or changing the federal organization of the country
in an unconstitutional way, shall be punished by imprisonment
for not less than one year.
Acknowledging capitulation and occupation
Article 115.
(1) A citizen of the SFRJ who commits an act aimed at the acknowledgement
of the capitulation or occupation of the SFRJ or its part, shall
be punished by imprisonment for not less than five years.
(2) A citizen of the SFRJ who signs or acknowledges the capitulation,
or who accepts or acknowledges the occupation of the SFRJ or its
part, shall be punished by imprisonment for not less than 10 years
or by the death penalty.
Endangering the territorial integrity
Article 116.
(1) Whoever commits and act aimed at detaching a part of the
territory of the SFRJ by force or in any other unconstitutional
way, or at joining of a part of the territory with another country,
shall be punished by imprisonment for not less than five years.
(2) Whoever commits an act aimed at changing borders between
the republics and autonomous provinces by force or in any other
unconstitutional way, shall be punished by imprisonment for not
less than one year.
Endangering the independence
Article 117.
A citizen of the SFRJ who commits an act aimed at bringing the
SFRJ in a position of subjugation or dependence toward a foreign
state shall be punished by imprisonment for not less than one
year.
Preventing the fight against the enemy
Article 118.
(1) A citizen of the SFRJ who in time of war or armed conflict
prevents the citizens of SFRJ or citizens of its allies from fighting
against the enemy shall be punished by imprisonment for not less
than five years.
(2) A citizen of the SFRJ who in time of war or armed conflict
by propaganda or in some other manner dissuades the citizens of
the SFRJ or citizens of its allies from fighting against the enemy
shall be punished by imprisonment for not less than one year.
Service in the enemy's army
Article 119.
(1) A citizen of the SFRJ who serves in the enemy's army or
other enemy's armed formations in time of war or armed conflict,
or participates in war or armed conflict as a combatant against
the SFRJ or its allies, shall be punished by imprisonment for
not less than three years.
(2) Whoever levies citizens of the SFRJ for service in the enemy's
army or other enemy's armed formations, or for participation in
war or armed conflict against the SFRJ or its allies, shall be
punished by imprisonment for not less than five years.
Assisting the enemy
Article 120.
(1) A citizen of the SFRJ who assists the enemy in making a
requisition, in seizing food and other goods, or in performing
other coercive measures against the people in time of war, shall
be punished by imprisonment for not less than one year.
(2) A citizen of the SFRJ who politically or economically collaborate
with the enemy in time of war shall also be punished by the sentence
referred to in paragraph 1 of this article.
Undermining the military and defensive
power
Article 121.
(1) Whoever destroys, renders useless or enables to pass into
the hands of the enemy the defense installations, defense objects,
positions, arms or other military or defensive means, or surrenders
troops to the enemy, or in some other way hinders or jeopardizes
the military or defense measures, shall be punished by imprisonment
for not less than three years.
(2) A citizen of the SFRJ who commits the act referred to in
paragraph 1 of this article with an intent to assist the enemy,
shall be punished by imprisonment for not less than five years.
Homicide committed out of hostile motives
against the SFRJ
Article 122.
Whoever deprives another man of his life out of hostile motives
against the SFRJ, shall be punished by imprisonment for not less
than 10 years or by the death penalty.
Violence committed out of hostile motives
against the SFRJ
Article 123.
(1) Whoever abducts a person, or commits other violence against
another person, or destroys property of a large value out of hostile
motives against the SFRJ, shall be punished by imprisonment for
not less than five years.
(2) The perpetrator of the act referred to in paragraph 1 of
this article who voluntarily releases a person whose freedom of
movement has been restricted, may be punished less severe or the
court may refrain from imposing a punishment on him.
Armed rebellion
Article 124.
(1) Whoever takes part in preparations for an armed rebellion
or in an armed rebellion, shall be punished by imprisonment for
not less than one year.
(2) Whoever organizes the preparation of an armed rebellion
or takes part in an armed rebellion as organizer or ringleader,
shall be punished by imprisonment for not less than five years.
Terrorism
Article 125.
Whoever causes an explosion, fire or take some other generally
dangerous action out of hostile motives against the SFRJ, or commits
an act of violence which may create a feeling of personal insecurity
in citizens or a in a group of citizens, shall be punished by
imprisonment for not less than five years.
Destruction of important establishments
of the national economy
Article 126.
Whoever, out of hostile motives against the SFRJ, by means of
demolition, arson, or in any other way destroys or damages a bridge,
factory, waterworks, long-distance power line, dam, means of transportation,
communication means, silo, store, warehouse, building, larger
quantities of assembled foodstuffs and forage, stocks of material
or goods, industrial, public transportation or other installation
or object which is of substantial significance for the economy,
shall be punished by imprisonment for not less than five years.
Sabotage
Article 127.
Whoever, out of hostile motives against the SFRJ, in a disguised,
perfidious or any similar manner fails to perform, or performs
his official duty or work pledge without commitment, or in performing
his duty or work pledge damages means of production, and through
such action causes demolition of or damage to installations, considerable
quantities of products, goods or materials, or dismantlement or
repair of improperly erected construction works, or disorganization
or delay in work, or non-fulfilment of the plan in state organs
and organizations of associated labour or other self-managing
organizations and groupings, shall be punished by imprisonment
for not less than three years.
Espionage
Article 128.
(1) Whoever discloses, delivers or renders available confidential
military, economic or official information or documents to a foreign
country, foreign organization or a person in the service thereof,
or whoever complies such information or documents with the intention
of disclosing or delivering them to a foreign country, foreign
organization or a person in their service, shall be punished by
imprisonment for not less than three years.
(2) Whoever creates an intelligence service in the SFRJ on account
of a foreign country or organization, shall be punished by imprisonment
for not less than five years.
(3) Whoever becomes a member of a foreign intelligence service,
collects information for it or in any other way assists its activity,
shall be punished by imprisonment for not less than three years.
Imparting a state secret
Article 129.
(1) Anybody who without authority imparts, passes on or renders
accessible information or documents constituting a state secret
to an unauthorized person not entitled to receive such documents,
shall be punished by imprisonment for not less than one year.
(2) If an act referred to in paragraph 1 of this article has
been committed during a state of war or imminent war danger, or
if it has led to the endangerment of the security, economic or
military power of the SFRJ, the offender shall be punished by
imprisonment for not less than three years or by imprisonment
for a term of 20 years.
(3) If an act referred to in paragraph 1 of this article has
been committed by negligence, the offender shall be punished by
imprisonment for a term exceeding six months but not exceeding
five years.
(4) The term state secret shall be understood to be information
or documents whose disclosure has produced or might have produced
detrimental consequences for political, economic or military interests
of the country.
Conclusion of treaties prejudicial to
the SFRJ
Article 130.
Whoever in the capacity of representative of the SFRJ, republic
or autonomous province or some other socio-political grouping
concludes a treaty or carries out an important task with a foreign
government, international or foreign organization to the detriment
of the SFRJ by misusing his position or authority, shall be punished
by imprisonment for not less than one year.
Participating in hostile
activities
Article 131.
A citizen of the SFRJ who with the intention of carrying out
a hostile activity against his country establishes contacts with
a foreign country, foreign or exile organization or group of persons,
or assists them in the performance of hostile activities, shall
be punished by imprisonment for not less than one year.
Dispatching and transferring armed groups,
arms and ammunition into the territory of the SFRJ
Article 132.
Whoever dispatches or transfers armed groups, terrorists, spies,
raiders, weapons, explosive, poisons, equipment, ammunition or
other material for the purpose of performing hostile activities,
shall be punished by imprisonment for not less than five years.
Hostile propaganda
Article 133.
(1) Whoever in an article, leaflet, drawing, speech or in some
other way calls on or incites the overthrow of the government
of working class and working people, the unconstitutional change
of the socialist self-management social system, breaking-up of
the brotherhood and unity and equality of nations and nationalities,
overthrow of the organs of social self-management and authorities
and their executive organs, resistance to decisions of competent
organs of authorities and of self-management which are significant
for the protection and development of socialist self-management
relations, the security or defense of the country; or whoever
maliciously and untruthfully represents the social and political
situation in the country, shall be punished by imprisonment for
a term exceeding one year but not exceeding 10 years.
(2) Whoever commits an act referred to in paragraph 1 of this
article with a help or under influence from abroad, shall be punished
by imprisonment for not less than three years.
(3) Whoever dispatches or transfers agitators or propaganda
material into the territory of the SFRJ for the purpose of carrying
out activities referred to in paragraph 1 of this article, shall
be punished by imprisonment for not less than one year.
(4) Whoever, with the intention of distributing, manufactures
or copies enemy propaganda material, or who holds this material
despite knowing that it is intended for the distribution, shall
be punished by imprisonment for a term exceeding six months but
not exceeding five years.
Inciting national, racial or religious
hatred, discord or hostility
Article 134.
(1) Whoever by means of propaganda or in some other way incites
or fans national, racial or religious hatred or discord between
peoples and nationalities living in the SFRJ, shall be punished
by imprisonment for a term exceeding one year but not exceeding
10 years.
(2) Whoever, by insulting citizens or in some other way, incites
national, racial or religious hostility, shall be punished by
imprisonment for a term exceeding three months but not exceeding
three years.
(3) If an act referred to in paragraphs 1 and 2 of this article
has been committed systematically or by taking advantage of one's
position or office, as part of a group, or if disorder, violence
or other grave consequences resulted from these acts, the offender
shall for an act referred to in paragraph 1 be punished by imprisonment
for not less than one year and for an act referred to in paragraph
2 by imprisonment for a term exceeding six months but not exceeding
five years.
Violation of territorial sovereignty
Article 135.
Whoever penetrates the territory of the SFRJ in breach of rules
of international law, shall be punished by imprisonment for a
term exceeding one year but not exceeding 10 years.
Associating for the purpose of hostile
activities (against the people and the state)
Article 136.
(1) Whoever sets up a cabal, band, group or any other association
of persons for the purpose of committing criminal acts under articles
114 to 119, paragraph 2, articles 120 to 123, articles 125 to
127 and articles 131 to 132 of this law, or whoever forms a group
for the purpose of transferring or dispatching citizens of the
SFRJ abroad for the sake of carrying out hostile activities against
the SFRJ, shall be punished by imprisonment for not less than
five years.
(2) Whoever becomes a member of an association referred to in
paragraph 1 of this article, shall be punished by imprisonment
for not less than one year.
(3) The member of an association referred to in paragraph 1
of this article who exposes the association before he has committed
a criminal act defined in the provisions of this chapter in the
association's ranks or on its account, shall be punished by imprisonment
for a term not exceeding three years, but the court may also refrain
from imposing a punishment on him.
Accessoryship after the fact to criminal
acts
Article 137.
(1) Whoever conceals, shelters or gives food, material, money
and other means to the perpetrator of a criminal act referred
to in articles 114 to 136 and articles 138 and 139 of this law,
whoever serves him in maintaining liaison, undertakes actions
aimed at obstructing the discovery or apprehension of the offender,
or renders him assistance in any other way, shall be punished
by imprisonment for not less than one year.
(2) The sentence for the acts referred to in paragraph 1 of
this article may not be more severe by neither its type nor its
gravity than the sentence prescribed for the criminal act which
was the subject of the assistance.
Punishment for the preparation
Article 138.
Whoever makes preparations for the commission of a criminal
act referred to in articles 121 to 123, and articles 125 to 128
of this law, shall be punished by imprisonment for not less than
one year.
Punishment for the gravest criminal acts
Article 139.
(1) The offender shall be punished by imprisonment for not less
than 10 years or by the death penalty for a criminal act referred
to in article 114, article 115, paragraph 1, article 116 to 121,
article 123 to 128, article 132 and article 136, paragraph 1 of
this law, which brought about the death of a person or caused
danger to human lives, or was coupled by heavy violence or a large-scale
destruction, or which led to the endangerment of the security,
economic or military power of the country, or in other particularly
heavy cases.
(2) The sentence defined in paragraph 1 of this article shall
be imposed also on those who commit a criminal act referred to
in articles 114, article 115, paragraph 1, articles 116, 117,
123 to 128, article 132, and article 136, paragraphs 1 and 2 of
this law in a state of war or in the case of an imminent war danger.
The punishment of confiscation of property
Article 140.
The punishment of confiscation of property may be imposed on
an offender for criminal acts described in this chapter.
Chapter
Sixteen
CRIMINAL ACTS AGAINST HUMANITY AND INTERNATIONAL
LAW
Genocide
Article 141.
Whoever, with the intention of destroying a national, ethnic,
racial or religious group in whole or in part, orders the commission
of killings or the inflicting of serious bodily injuries or serious
disturbance of physical or mental health of the group members,
or a forcible dislocation of the population, or that the group
be inflicted conditions of life calculated to bring about its
physical destruction in whole or in part, or that measures be
imposed intended to prevent births within the group, or that children
of the group be forcibly transferred to another group, or whoever
with the same intent commits one of the foregoing acts, shall
be punished by imprisonment for not less than five years or by
the death penalty.
War crime against the civilian population
Article 142.
Whoever in violation of rules of international law effective
at the time of war, armed conflict or occupation, orders that
civilian population be subject to killings, torture, inhuman treatment,
biological experiments, immense suffering or violation of bodily
integrity or health; dislocation or displacement or forcible conversion
to another nationality or religion; forcible prostitution or rape;
application of measures of intimidation and terror, taking hostages,
imposing collective punishment, unlawful bringing in concentration
camps and other illegal arrests and detention, deprivation of
rights to fair and impartial trial; forcible service in the armed
forces of enemy's army or in its intelligence service or administration;
forcible labour, starvation of the population, property confiscation,
pillaging, illegal and self-willed destruction and stealing on
large scale of a property that is not justified by military needs,
taking an illegal and disproportionate contribution or requisition,
devaluation of domestic currency or the unlawful issuance of currency,
or who commits one of the foregoing acts, shall be punished by
imprisonment for not less than five years or by the death penalty.
War crime against the wounded and sick
Article 143.
Whoever, in violation of the rules of international law at the
time of war or armed conflict, orders murders, tortures, inhuman
treatment of the wounded, sick, the shipwrecked persons or medical
personnel, including therein biological experiments, causing of
great sufferings or serious injury to the bodily integrity or
health; or whoever orders unlawful and arbitrary destruction or
large-scale appropriation of material and stocks of medical facilities
or units which is not justified by military needs, or whoever
commits some of the foregoing acts, shall be punished by imprisonment
for not less than five years or by the death penalty.
War crime against prisoners of war
Article 144.
Whoever, in violation of the rules of international law, orders
murders, tortures or inhuman treatment of prisoners of war, including
therein biological experiments, causing of great sufferings or
serious injury to the bodily integrity or health, compulsive enlistment
into the armed forces of an enemy power, or deprivation of the
right to a fair and impartial trial, or who commits some of the
foregoing acts, shall be punished by imprisonment for not less
than five years or by the death penalty.
Organizing a group and instigating the
commission of genocide and war crimes
Article 145.
(1) Whoever organizes a group for the purpose of committing
criminal acts referred to in articles 141 to 144 of this law,
shall be punished by imprisonment for not less than five years.
(2) Whoever becomes a member of a group referred to in paragraph
1 of this article, shall be punished by imprisonment for not less
than one year.
(3) A member of a group referred to in paragraph 1 of this article
who exposes the group before he has committed a criminal act in
its ranks or on its account, shall be punished by imprisonment
for a term not exceeding three years, but the court may also refrain
from imposing a punishment on him.
(4) Whoever calls on or instigates the commission of criminal
acts referred to in articles 141 to 144 of this law, shall be
punished by imprisonment for a term exceeding one year but not
exceeding 10 years.
Unlawful killing or wounding of the enemy
Article 146.
(1) Whoever in violation of the rules of international law in
time of war or armed conflict kills or wounds an enemy who has
laid down arms or unconditionally surrendered or has no means
for the defense, shall be punished by imprisonment for not less
than one year.
(2) If the killing referred to in paragraph 1 of this article
has been committed in a cruel or insidious way, out of greed or
from other base motives, or if more persons have been killed,
the offender shall be punished by imprisonment for not less than
10 years or by the death penalty.
Marauding
Article 147.
(1) Whoever orders the unlawful appropriation of belonging from
the killed or wounded on battlefield, or who carries out such
appropriation, shall be punished by imprisonment for a term exceeding
one year but not exceeding five years.
(2) If the act referred to in paragraph 1 of this article has
been committed in a cruel manner, the offender shall be punished
by imprisonment for a term exceeding one year but not exceeding
10 years.
Making use of forbidden means of warfare
Article 148.
(1) Whoever in time of war or armed conflict orders the use
of means or practices of warfare prohibited by the rules of international
law, or whoever makes use of such means and practices, shall be
punished by imprisonment for not less than one year.
(2) If several persons have been killed as a result of an act
referred to in paragraph 1 of this article, the offender shall
be punished by imprisonment for not less than five years or by
the death penalty.
Violating the protection granted to bearers
of flags of truce
Article 149.
Whoever in violation of the rules of international law in time
of war or armed conflict insults, maltreats or detains the bearer
of the flag of truce or his escort, or prevents them from returning,
or in any other way violates their privilege of inviolability,
shall be punished by imprisonment for a term exceeding six months
but not exceeding five years.
Cruel treatment of the wounded, sick and
prisoners of war
Article 150.
Whoever in violation of the rules of international law, treats
cruelly the wounded, sick or war prisoners, or impedes or prevents
them from exercising the rights accorded to them under international
law, shall be punished by imprisonment for a term exceeding six
months but not exceeding five years.
Destruction of cultural and historical
monuments
Article 151.
Whoever in time of war or armed conflict destroys cultural or
historical monuments, buildings or establishments devoted to for
science, art, education or humanitarian purposes in violation
of the rules of international law, shall be punished by imprisonment
for not less than one year.
Instigating an aggressive war
Article 152.
Whoever calls on or instigates an aggressive war, shall be punished
by imprisonment for a term exceeding one year but not exceeding
10 years.
Misuse of international emblems
Article 153.
(1) Whoever misuses or carries without authorization the flag
or emblem of the Organization of the United Nations, or the emblem
or flag of the Red Cross, or symbols corresponding to them, or
any other international symbols recognized for the protection
of certain objects from military operations, shall be punished
by imprisonment for a term not exceeding three years.
(2) Whoever commits an act referred to in paragraph 1 of this
article within a zone of war operations, shall be punished by
imprisonment for a term exceeding six months but not exceeding
five years.
Racial and other discrimination
Article 154.
(1) Whoever on the basis of distinction of race, colour, nationality
or ethnic background violates basic human rights and freedoms
recognized by the international community, shall be punished by
imprisonment for a term exceeding six months but not exceeding
five years.
(2) The sentence set forth in paragraph 1 of this article shall
be imposed on those who persecute organizations or individuals
for their advocating equality among the people.
(3) Whoever spreads ideas on the superiority of one race over
another, or advocates racial hatred, or instigates racial discrimination,
shall be punished by imprisonment for a term exceeding three months
but not exceeding three years.
Establishing slavery relations and transporting
people in slavery relation
Article 155.
(1) Whoever brings another person in slavery relation, or engages
in the trade with persons who are in slavery relation, or who
incites another person to sell his freedom or freedom of persons
he supports, shall be punished by imprisonment for a term exceeding
one year but not exceeding 10 years.
(2) Whoever transports persons in slavery relation from one
country to another, shall be punished by imprisonment for a term
exceeding six months but not exceeding five years.
Imposing the punishment of confiscation
of property
Article 156.
The punishment of confiscation of property may be imposed on
the offender for criminal acts referred to in articles 141 to
145, and article 148 of this law.
Chapter
Seventeen
CRIMINAL ACTS AGAINST THE REPUTATION OF THE SFRJ,
A FOREIGN COUNTRY OR AN INTERNATIONAL ORGANIZATION
Damaging the reputation of the SFRJ
Article 157.
Whoever brings into derision the Socialist Federal Republic
of Yugoslavia, its flag, coat of arms or national anthem, its
highest authorities or representatives thereof, its armed forces
or the supreme commander, shall be punished by imprisonment for
a term exceeding three months but not exceeding three years.
Damaging the reputation of a foreign state
Article 158.
Whoever brings into derision a foreign state, its flag, coat
of arms or national anthem, or the foreign head of state or a
diplomatic representative of a foreign state in the SFRJ, shall
be punished by imprisonment for a term exceeding three months
but not exceeding three years.
Damaging the reputation of an international
organization
Article 159.
Whoever brings into derision the Organization of the United
Nations, International Red Cross or other international organization
recognized by the SFRJ, or its representatives, shall be punished
by imprisonment for a term exceeding three months but not exceeding
three years.
Prosecution for criminal acts against
the reputation of a foreign country and international organization
Article 160.
Prosecution for criminal acts referred to in articles 158 and
159 of this law shall be instituted upon the approval on the part
of the Federal Public Prosecutor.
Chapter
Eighteen
CRIMINAL ACTS AGAINST THE ECONOMY AND UNITY OF
THE YUGOSLAV MARKET
Violation of equality in carrying out
an economic activity
Article 161.
(1) Whoever, by misusing his official position or powers, restricts
free movement and association of labour and means for reproduction
in a certain area, denies or restricts the right of an organization
of associated labour to engage in the circulation and sale of
goods and services in a certain area; whoever puts an organization
of associated labour in an unequal position in relation to other
organizations regarding the conditions for work or for carrying
out the flow of goods and services, or restricts free exchange
of goods and services, shall be punished by imprisonment for a
term exceeding six months but not exceeding five years.
(2) The punishment defined in paragraph 1 of this article shall
be imposed on any person who uses his social position or influence
to commit an act referred to in that paragraph.
(3) In a particularly serious case of an act referred to in
paragraphs 1 and 2 of this article, the offender shall be punished
by imprisonment for a term exceeding one year but not exceeding
10 years.
Violation of equality in employing
Article 162.
Whoever denies or restricts a citizen's right to free employment
in the whole territory of the SFRJ under equal conditions effective
in the place of employment, shall be punished by imprisonment
for a term exceeding six months but not exceeding five years.
Creating monopolistic position and causing
upset in the market
Article 163.
(1) Whoever in an organization of associated labour, another
self-managing organization or grouping enters into an agreement
restricting another self-managing organization or grouping as
to the free flow of goods and services in a particular area or
with particular organizations, or enters into an agreement which
in some other way creates monopolistic position of the organization
in the market, shall be punished by imprisonment for a term exceeding
six months but not exceeding five years.
(2) A punishment set forth in paragraph 1 of this article shall
be imposed on a person who in an organization of associated labour,
another self-managing organization or grouping by unwarranted
hoarding of goods or their withdrawal from the circulation causes
upset on the market.
(3) In a particularly grave case of an act referred to in paragraphs
1 and 2 of this article, the offender shall be punished by imprisonment
for a term exceeding one year but not exceeding 10 years.
Disloyal competition in the affairs of
foreign trade transaction
Article 164.
(1) If a representative of an organization of associated labour,
knowing that another domestic organization and a foreign firm
have reached agreement with respect to a foreign trade deal, or
that formation of a contract is forthcoming, makes an offer to
purchase or sell the same type of goods, or render the same type
of services to this firm, and if as a result of such offer such
firm withdraws from entering into a contract, or if the contract
is entered under less favourable terms for the domestic organization
of associated labour, he shall be punished by imprisonment for
a term exceeding six months but not exceeding five years.
(2) If the perpetrator of the act referred to in paragraph 1
of this article has acquired a personal gain, and in other particularly
grave cases, he shall be punished by imprisonment for a term exceeding
one but not exceeding 10 years.
Unauthorized use of another man's firm
Article 165.
Whoever, with the intention of defrauding purchasers or those
who use his services, makes use of another's trade-name, seal,
trade-mark or mark of distinction, or inserts certain features
of these marks into his own trade-name, seal or trademark or in
his own mark of distinction, shall be punished by imprisonment
for a term not exceeding three years.
Unauthorized mediation or representation
in foreign trade affairs
Article 166.
(1) Whoever without authorization engages in mediation or representation
in foreign trade affairs, shall be punished by imprisonment for
a term exceeding six months but not exceeding five years.
(2) If a person who has committed an act referred to in paragraph
1 of this article has set up a network of mediators or if he has
made a considerable material gain, he shall be punished by imprisonment
for a term exceeding one year but not exceeding 10 years.
Traffic in gold coins and foreign currency
Article 167.
(1) Whoever, in violation of federal regulations, buys, sells
or exchanges gold coins, foreign currency or gold of a value exceeding
10,000 dinars, shall be punished by imprisonment for a term not
exceeding three years.
(2) If a person who has committed an act referred to in paragraph
1 of this article has organized a network of middlemen or re-sellers,
or if he engages in trading with items described in that paragraph,
shall be punished by imprisonment for a term exceeding one year
but not exceeding 10 years.
(3) Gold coins, foreign currency or gold subject to an act referred
to in paragraphs 1 and 2 of this article, shall be forfeited.
Counterfeiting money
Article 168.
(1) Whoever manufactures counterfeit money with the intention
of putting it into circulation as genuine, or whoever forges genuine
money with the intention of putting it into circulation, or whoever
puts such false money into circulation, shall be punished by imprisonment
for not less than one year.
(2) A sentence referred to in paragraph 1 of this article shall
be imposed on those who procure counterfeit money with the intent
of putting it into circulation as genuine.
(3) If there has been or might have been an upset in the national
economy as a result of an act referred to in paragraphs 1 and
2 of this article, the offender shall be punished by imprisonment
for not less than five years or for a term of 20 years.
(4) Whoever puts into circulation forged money received by him
as genuine, or who has knowledge of a forged money being made
or put into circulation, and fails to report it, shall be punished
by a fine or imprisonment for a term not exceeding one year.
(5) The forged money shall be forfeited.
Falsifying representatives of value
Article 169.
(1) Whoever manufactures false franking or postage stamps or
other representatives of value or loan bonds or other papers of
value issued on the basis of federal regulation, or whoever alters
any of those genuine papers of value with the intent of using
them as genuine or of conveying them to someone else for use,
or whoever uses such false representatives or papers of value
as genuine or procures them for that purpose, shall be punished
by imprisonment for a term exceeding one year but not exceeding
10 years.
(2) If there has been or might have been an upset in the country's
economy as a result of an act referred to in paragraph 1 of this
article, the offender shall be punished by imprisonment for not
less than five years or a term of 20 years.
(3) Whoever removes the cancelling stamp from representatives
of value referred to in paragraph 1 of this article, or in some
other way attempts to make these representatives appear as if
they have not been used, or who makes use of or sells the already
used representatives of value as if they were valid, shall be
punished by imprisonment for a term not exceeding three years.
(4) False representatives of value and papers of value shall
be forfeited.
Manufacturing, procuring or disposing
of instruments of forgery
Article 170.
(1) Whoever manufactures, procures, sells or lends the instruments
to be used in the forgery of money or representatives of value
or papers of value issued on the basis of a federal regulation,
shall be punished by imprisonment for a term exceeding six months
but not exceeding five years.
(2) The instruments of forgery referred to in paragraph 1 of
this article shall be forfeited.
Falsifying marks of labelling, measures
and weights
Article 171.
(1) Whoever, with intent to use them as genuine, manufactures
any false marks of labelling domestic or foreign goods, seals
or stamps for earmarking gold, silver, cattle, wood or some other
goods, or whoever alters such genuine marks, or uses the false
marks as genuine, shall be punished by imprisonment for a term
exceeding three months but not exceeding five years.
(2) The punishment referred to in paragraph 1 of this article
shall be imposed also on a person who falsifies measures or weights.
(3) Whoever without authorization manufactures, procures, sells
or lands means of manufacturing false marks of labelling, as well
as false measures and weights, shall be punished by imprisonment
for a term not exceeding three years.
(4) The false marks of labelling, measures and weights, as well
as means of their manufacturing, shall be forfeited.
Issuing and passing a bad cheque
Article 172.
(1) Whoever issues or who puts into circulation a cheque which
he knows is overdrawn, shall be punished by imprisonment for a
term not exceeding three years.
(2) If a person who has committed an act referred to in paragraph
1 of this article has acquired an unlawful material gain for himself
or another, he shall be punished by imprisonment for a term exceeding
three months but not exceeding five years.
(3) If a material gain in the amount exceeding 30,000 dinars
has been acquired as a result of an act referred to in paragraph
2 of this article, the offender shall be punished by imprisonment
for a term exceeding one year but not exceeding 10 years.
(4) If a material gain in the amount exceeding 100,000 dinars
has been acquired as a result of an act referred to in paragraph
2 of this article, the offender shall be punished by imprisonment
for not less than five years or a term of 20 years.
Imposing the punishment of confiscation
of property
Article 173.
The punishment of confiscation of property may be imposed on
a perpetrator of any criminal act referred to in Article 164,
paragraph 2, Article 166, paragraph 2, Article 167, paragraph
2, Article 168, paragraphs 1 to 3, Article 169, paragraphs 1 and
2, Article 172, paragraphs 3 and 4 of this law.
Chapter
Nineteen
CRIMINAL ACTS AGAINST OFFICIAL DUTY OF THE OFFICIALS
IN FEDERAL BODIES
Abuse of office or official authority
Article 174.
(1) An official who, with the intention of acquiring a benefit
to himself or to another person, or of causing damage to a third
person, takes advantage of his office or official authority, exceeds
the limits of his official authority or fails to execute his official
duty, shall be punished by imprisonment for a term not exceeding
three years.
(2) If substantial damage or a serious breach of another man's
right has occurred as a result of an act referred to in paragraph
1 of this article, the offender shall be punished by imprisonment
for a term exceeding three months but not exceeding five years.
(3) If material gain has been procured as a result of an act
referred to paragraph 1 of this article, the offender shall be
punished by imprisonment for a term exceeding six months but not
exceeding five years.
(4) If material gain exceeds 30,000 dinars, the offender shall
be punished by imprisonment for a term exceeding one year but
not exceeding 10 years.
Embezzlement in office
Article 175.
(1) An official who, with the intention of acquiring an unlawful
material gain for himself or another, appropriates money, papers
of value or other movables entrusted to him by virtue of his office,
shall be punished by imprisonment for a term exceeding six months
but not exceeding five years.
(2) If material gain in the amount exceeding 30,000 dinars has
been acquired as a result of an act referred to in paragraph 1
of this article, the offender shall be punished by imprisonment
for a term exceeding one year but not exceeding 10 years.
Fraud in office
Article 176.
(1) An official who, in the course of performing his duty, with
the intention of acquiring an unlawful material gain for himself
or another, by submitting false accounts or in some other way
deceives an authorized person into making an illegal disbursement,
shall be punished by imprisonment for a term exceeding six months
but not exceeding five years.
(2) If a material gain in the amount exceeding 30,000 dinars
has been acquired as a result of an act referred to in paragraph
1 of this article, the offender shall be punished by imprisonment
for a term exceeding one year but not exceeding 10 years.
Robbery in office
Article 177.
(1) If an official has committed one or more criminal acts referred
to in articles 174 to 176 of this law, and if the value of the
acquired material gain exceeds 100,000 dinars, he shall be punished
by imprisonment for not less than three years.
(2) In a particularly grave case of an act referred to in paragraph
1 of this article, the offender shall be punished by imprisonment
for not less than five years or a term of 20 years.
Unauthorized use in office
Article 178.
An official who makes an unauthorized use of money, papers of
value or other movables entrusted to him by virtue of his office,
or without authorization confers these things to another person
for unauthorized use, shall be punished by imprisonment for a
term exceeding three months but not exceeding five years.
Accepting of bribe
Article 179.
(1) An official who demands or accepts a gift or any other benefit
or who accepts a promise of a gift or a benefit for the doing
within the scope of his official powers of an official act which
ought not to be performed by him, or for the omission of an official
act which ought to be performed by him, shall be punished by imprisonment
for a term exceeding one year but not exceeding 10 years.
(2) In a particularly grave case of an act referred to in paragraph
1 of this article, the offender shall be punished by imprisonment
for not less than three years.
(3) An official who demands or accepts a gift or any other benefit
or who accepts a promise of a gift or a benefit for the doing
within the scope of his official powers of an official act which
ought to be performed by him, or for the omission of an official
act which ought not to be performed by him, shall be punished
by imprisonment for a term exceeding six months but not exceeding
five years.
(4) An official who demands or accepts a gift or any other benefit
following the performance or omission of an official act referred
to in paragraphs 1 to 3 of this article, and in relation to it,
shall be punished by imprisonment for a term exceeding three months
but not exceeding three years.
(5) The gifts or any other benefits shall be forfeited.
Illegal influence
Article 180.
(1) An official who accepts a reward or any other benefit toward
interceding that an official act be or not be performed, taking
advantage of his official position, shall be punished by imprisonment
for a term not exceeding three years.
(2) An official who, taking advantage of his official position,
intercedes that an official act be performed which ought not to
be performed, or that an official act be not performed which ought
to be performed, shall be punished by imprisonment for a term
exceeding six months but not exceeding five years.
(3) If a reward or any other benefit has been received in return
for the intercession referred to in paragraph 2 of this article,
the offender shall be punished by imprisonment for a term exceeding
one year but not exceeding 10 years.
Violation of law by a judge
Article 181.
(1) A judge or a lay-assessor of the federal court or military
court who passes an illegal act or violates law in any other way
with the intention of acquiring a gain for another person or causing
damage to him, shall be punished by imprisonment for a term exceeding
six months but not exceeding five years.
(2) In a particularly grave case of an act referred to in paragraph
1 of this article, the offender shall be punished by imprisonment
for a term exceeding three years but not exceeding 10 years.
Lack of commitment in working
Article 182.
(1) An official who by breaching laws or other regulations or
general acts, failing to exercise due supervision or in any other
way manifestly acts in a clearly unconscientious manner in the
discharge of his official duties, although he was aware or was
obliged to be and could have been aware that as a result of it
a serious violation of another man's rights or damage to property
might occur, and if such violation or damage does occur in an
amount exceeding 10,000 dinars, shall be punished by imprisonment
for a term not exceeding three years.
(2) If a serious violation of another man's right or damage
to property exceeding 100,000 dinars has occurred as a result
of an act referred to in paragraph 1 of this article, the offender
shall be punished by imprisonment for a term exceeding six months
but not exceeding five years.
Disclosure of official secrets
Article 183.
(1) An official who, without authorization communicates, conveys
or in any other way makes accessible to another person information
which constitutes an official secret, or who obtains such information
with the intention of conveying it to an unauthorized person who
is not supposed to have it, shall be punished by imprisonment
for a term exceeding three months but not exceeding five years.
(2) If an act referred to in paragraph 1 of this article has
been committed out of greed or in respect of particularly confidential
information or for the purpose of disclosing or using the information
abroad, the offender shall be punished by imprisonment for a term
exceeding one year.
(3) If an act referred to in paragraph 1 of this article has
been committed by negligence, the offender shall be punished by
imprisonment for a term not exceeding three years.
(4) An official secret shall be so construed as to understand
information or documents which have been designated as official
secret by virtue of law, some other regulation or a decision by
a competent body made on the basis of law, as well as information
which have not been designed an official secret, but whose disclosure
might manifestly have caused substantial detrimental consequences
for the office.
(5) Provisions referred to in paragraphs 1 to 4 of this article
shall also be applied to a person who has disclosed an official
secret after his function as an official person has ceased.
Falsifying official documents
Article 184.
(1) An official who enters false data into official document,
book or file, or who fails to enter important data, or who by
his signature or an official seal certifies an official or business
document, book or file containing false data, or who by his signature
or an official seal facilitates the drawing up of such documents,
books or files containing with false data, shall be punished by
imprisonment for a term exceeding three months but not exceeding
five years.
(2) The punishment referred to in paragraph 1 of this article
shall also be imposed on an official who, in the office, uses
a false official or business document, book or file as if they
were authentic, or who destroys, conceals, substantially damages
or in some other way renders useless any official or business
document, book or file.
Illegal collection and disbursement
Article 185.
(1) An official who collects from another a sum which the latter
is not obligated to pay, or in excess of what he is obligated
to pay, or who delivers or pays less than required during a payment
or a delivery, shall be punished by imprisonment for a term not
exceeding one year.
(2) In a particularly grave case of an act referred to in paragraph
1 of this article, the offender shall be punished by imprisonment
for a term exceeding three months but not exceeding five years.
Infringement of the equality of citizens
Article 186.
An official who, on the ground of differences in nationality,
race, religion, ethnic background, sex, language, education or
social status, denies or restricts the rights of citizens laid
down by the law, Constitution or other regulation or general act,
or who, on the basis of such distinction, grants privileges or
advantages, shall be punished by imprisonment for a term exceeding
three months but not exceeding five years.
Violation of the right to self-management
Article 187.
An official who, in office, by violating the Constitution or
other regulation or general act or in any other illegal way, prevents
or disables the exercise of the right to self-management, shall
be punished by imprisonment for a term exceeding six months but
not exceeding five years.
Illegal influence on self-managing bodies
Article 188.
(1) If an official, taking advantage of his official position,
influences a self-managing body to make a decision in breach of
the Constitution, law or other regulation or general act, and
if such decision is made as a result of his influence, he shall
be punished by imprisonment for a term exceeding six months but
not exceeding five years.
(2) The punishment referred to in paragraph 1 of this article
shall be imposed on an official who, taking advantage of his official
position, influence a self-managing body to conceal a criminal
act prosecutable under official duty, or an economic offence committed
in an organization of associated labour, another self-managing
organization, grouping or state body, and when as a result of
that the criminal act or economic offence is not reported.
(3) In a particularly grave case of an act referred to in paragraphs
1 and 2 of this article, the offender shall be punished by imprisonment
for a term exceeding one year but not exceeding eight years.
Unlawful deprivation of liberty
Article 189.
(1) An official who, in the course of his duty, unlawfully imprisons
another person, keeps him imprisoned or deprives him in any other
way of his freedom of movement, shall be punished by imprisonment
for a term exceeding three months but not exceeding five years.
(2) If the unlawful deprivation of liberty lasted for more than
30 days, or was carried out in a brutal way, or if such a treatment
of the person who was illegally deprived of liberty caused a severe
impairment to his health, or if other serious consequences occurred,
the offender shall be punished by imprisonment for a term exceeding
one year but not exceeding eight years.
(3) If the death of the person who had been unlawfully deprived
of liberty was caused by virtue of the imprisonment, the offender
shall be punished by imprisonment for not less than three years.
Extraction of statements by duress
Article 190.
(1) An official who in the discharge of his duty uses force,
a threat or other unauthorized ways or means to extract testimony
or some other statement from a defendant, witness, expert or some
other person, shall be punished by imprisonment for a term exceeding
three months but not exceeding five years.
(2) If the extraction of the testimony or statement has been
was accompanied by grave violence, or if, in the course of criminal
proceedings, the defendant suffered particularly grave consequences
as a result of the statement made under duress, the offender shall
be punished by imprisonment for not less than one year.
Maltreatment in the course of duty
Article 191.
An official who in the discharge of his duties maltreats another
person, insults him or in general treats him in a manner offensive
to human dignity, shall be punished by imprisonment for a term
exceeding three months but not exceeding three years.
Infringing the inviolability
of apartments
Article 192.
(1) An official who, in the discharge of his duties and without
authorization, enters into someone else's apartment or closed
premises or fails to leave them upon request by an authorized
person, shall be punished by imprisonment for a term exceeding
three months but not exceeding three years.
(3) A person shall also be punished for an attempt to commit
an act referred to in paragraph 1 of this article.
Illegal search
Article 193.
An official who in the discharge of his duties conducts an illegal
search of an apartment, premise or person, shall be punished by
imprisonment for a term exceeding three months but not exceeding
three years.
Impairing the secrecy of letters and other
consignments
Article 194.
(1) An official who, in the discharge of his duty and without
authorization, opens someone else's letter or telegram or any
other sealed written material or consignment, or in any other
way breaches their secrecy or withholds them without authorization,
or who conceals, destroys or delivers to someone else a letter,
telegram, closed writings or a consignment that does not belong
to that person, shall be punished by imprisonment for a term exceeding
three months but not exceeding three years.
(2) An official who, for the purpose of gaining benefit for
himself or another, or for the purpose of inflicting damage on
another, communicates to another person the secret he learned
by breaching the secrecy of someone else's letter, telegram or
some other sealed written material or consignment, or makes use
of such secret in any other way, shall be punished by imprisonment
for a term exceeding six months but not exceeding five years.
Unauthorized tapping and sound recording
Article 195.
(1) An official who, in the discharge of his duties and by means
of special devices, without authorization taps or records a conversation
or a statement which he was not intended to hear, shall be punished
by imprisonment for a term exceeding three months but not exceeding
three years.
(2) The punishment referred to in paragraph 1 of this article
shall be imposed on an official who enables an uninvited person
to have knowledge of a conversation or a statement that was tapped
or recorded without authorization.
Breach of the right to litigate
Article 196.
(1) An official who, by abuse of his official position or powers,
prevents another person from exercising his right to lodge a complaint
or make any other legal application, objection, plea or request,
shall be punished by imprisonment for a term exceeding three months
but not exceeding three years.
Failure to carry out a decision on a worker's
re-employment
Article 197.
An official who fails to act upon a legally effective decision
about a worker's re-employment in a state body, shall be punished
by imprisonment for a term exceeding three months but not exceeding
three years.
Illegally enabling the performance of
certain activities
Article 198.
If an official enables another person to perform certain activities
in a state body despite knowing that the prohibition to carry
out that particular occupation, activity or duty has been imposed
on the person, or the protective measure of the ban on performing
certain duties, or if the ban from performing certain activities
has taken place as the legal consequence of a conviction, he shall
be punished by imprisonment for a term exceeding three months
but not exceeding three years.
Failure to report a criminal offense
Article 199.
(1) If an official fails to report a criminal offense he has
discovered while performing his duties, for which the law provides
five years of imprisonment or a harsher punishment for the offense,
and if the offense is subject to prosecution as an official duty,
he shall be punished by imprisonment for a term exceeding three
months but not exceeding three years.
(3) No punishment for failure to report the criminal offense
referred to in paragraph 1 of this article shall be imposed on
an official if the offender is the spouse, first-line blood relative,
brother or sister, adoptive parent or adopted child, or the offender's
defense lawyer or doctor.
Imposing the punishment of confiscation
of property
Article 200.
The punishment of confiscation of property may be imposed on
a perpetrator of any criminal act referred to in Article 174,
paragraph 4, Article 175, paragraph 2, Article 176, paragraph
2, Article 177, Article 179, paragraphs 1 and 2, Article 181,
paragraph 2, and Article 183, paragraph 2 of this law.
Chapter
Twenty
CRIMINAL ACTS AGAINST THE ARMED FORCES OF THE
SFRJ
Failure and refusal to execute an order
Article 201.
(1) If a military person fails or refuses to execute an order
of a superior given in the line of duty, and if as a result of
such failure or refusal grave detrimental consequences occur for
the service, or if the service was seriously jeopardized, he shall
be punished by imprisonment for a term exceeding three months
but not exceeding three years.
(2) Whoever suborns a military person to commit an act referred
to in paragraph 1 of this article, shall be punished by imprisonment
for a term not exceeding one year.
(3) In a particularly grave case of the criminal act referred
to in paragraph 1 of this article, the offender shall be punished
by imprisonment for a term exceeding one year but not exceeding
10 years.
(4) A military person who fails to execute an order of a superior
under paragraph 1 of this article by negligence, shall be punished
by imprisonment for a term not exceeding one year
Refusal to receive or use arms
Article 202.
(1) A military person who refuses to accept arms or to use the
same as ordered or pursuant to the rules of the service, shall
be punished by imprisonment for a term exceeding one year but
not exceeding 10 years.
(2) A military conscript who without justifiable reason refuses
to accept arms from the competent body, which have been assigned
to him in relation with his service as a reservist in the armed
forces, shall be punished by imprisonment for a term exceeding
three months but not exceeding three years.
Resisting a superior
Article 203.
(1) A military person who in concert with other military persons
offers resistance to an order of a superior given in the line
of duty and disobeys the same, or refuses to discharge his duty,
shall be punished by imprisonment for a term exceeding three months
but not exceeding five years.
(2) If the act referred to in paragraph 1 of this article has
been committed in an organized way, the offender shall be punished
by imprisonment for a term exceeding one year but not exceeding
10 years.
(3) If the act referred to in paragraphs 1 and 2 of this article
has been committed with the use of arms, or if its commission
has been accompanied by an intentional killing of a person, the
offender shall be punished by imprisonment for not less than five
years or the death penalty.
(4) The organizer of the offence under paragraph 2 of this article,
or the military superior who has in any way participated in the
commission of an offence under paragraphs 1 and 2 of this article,
shall be punished by imprisonment for not less than three years.
(5) Whoever performs preparatory acts toward committing an act
referred to in paragraph 2 of this article, shall be punished
by imprisonment for a term exceeding three months but not exceeding
five years.
(6) A military superior who, faced with the offence referred
to in paragraphs 1 to 3 of this article, fails to take steps toward
restoring order, shall be punished by imprisonment for a term
exceeding one year but not exceeding five years.
Resisting a sentry, guard, patrol or
military person on duty or similar assignment
Article 204.
A military person who resists a sentry, guard, patrol, or military
person on duty or similar assignment in the discharge of their
official duty, as well as a military person who fails to heed
their call or does not execute or refuses to execute their order,
and as a result of such resistance grave detrimental consequences
occur for the service, or the service is seriously jeopardized,
shall be punished by imprisonment for not less than three years.
Coercion against a military person in
the execution of his duty
Article 205.
(1) Whoever by force or threat of immediate use of force prevents
a military person in the execution of official duties, or compels
him in the same manner to execute his official duties, shall be
punished by imprisonment for a term not exceeding three years.
(2) The attempt shall be punishable.
(3) In a particularly grave case of the criminal act referred
to in paragraph 1 of this article, the offender shall be punished
by imprisonment for a term exceeding one year but not exceeding
10 years.
Assault against a military person in the
execution of his duty
Article 206.
(1) Whoever attacks or seriously threatens to attack a military
person in the execution of his duty, shall be punished by imprisonment
for a term not exceeding three years.
(2) If the commission of the act referred to in paragraph 1
of this article has resulted in light bodily injury to the military
person or if he has been threatened with arms, the offender shall
be punished by imprisonment for a term exceeding three months
but not exceeding five years.
(3) If the commission of the act referred to in paragraph 1
of this article has resulted in grievous bodily injury to the
military person or entailed grave consequences for the service,
the offender shall be punished by imprisonment for a term exceeding
one year but not exceeding 10 years.
(4) If the commission of the act referred to in paragraph 1
of this article has resulted in the premeditated killing of the
military person, the offender shall be punished by imprisonment
for not less than 10 years or the death penalty
Less severe punishment for offenses under
articles 201, and art. 203 to 206.
Article 207.
If the perpetrator of any offence under article 201, paragraphs
1, 2 and 4, article 203, paragraph 1, article 204, article 205,
paragraphs 1 and 2, and article 206, paragraphs 1 and 2 of this
Code has been provoked by illegal or brutal treatment on the part
of the military person, the punishment may be less severe or the
court may refrain from imposing a punishment on him.
Maltreatment of a subordinate or a military
person of lower rank
Article 208.
(1) A military superior who in the line of duty or in connection
with duty maltreats his subordinate or a person of lower miliary
rank or treats him in a way offensive to human dignity, shall
be punished by imprisonment for a term exceeding three months
but not exceeding five years.
(2) If the act referred to in paragraph 1 of this article has
been committed against several persons, the offender shall be
punished by imprisonment for a term exceeding one year but not
exceeding eight years.
Violation of sentry, patrol or other similar
duty
Article 209.
(1) If a military person acts contrary to the regulations concerning
sentry, patrol, interior guard or other similar duty, and if it
results in grave detrimental consequences for the service, the
offender shall be punished by imprisonment for a term not exceeding
one year.
(2) In the event that the offence referred to in paragraph 1
of this article has been committed at arms or ammunition depots,
at depots of explosive substances or other installations of great
importance, the offender shall be punished by imprisonment for
a term exceeding three months but not exceeding three years.
(3) If the offenses referred to in paragraphs 1 and 2 of this
article have resulted in a serious bodily injury or the death
of a person, or if damage to property on a large scale or other
serious consequences occurred, the offender shall be punished
by imprisonment for a term exceeding one year but not exceeding
10 years.
(4) In the event that the offenses referred to in paragraphs
1 and 2 of this article have been committed by negligence, the
offender shall be punished for the offence under paragraph 1 by
imprisonment for a term not exceeding six months, and for the
offence under paragraph 2 by imprisonment for not more than one
year.
(5) In the event that the offence under paragraph 4 of this
article resulted in a consequence referred to in paragraph 3 of
this article, the offender shall be punished by imprisonment for
a term exceeding three months but not exceeding five years.
Violation of frontier guard duty
Article 210.
(1) If a military person, while performing duty at the state
frontier, infringes on the regulations concerning frontier guard,
and if that results in serious detrimental consequences for the
service, or if the service is seriously jeopardized, he shall
be punished by imprisonment for a term exceeding three months
but not exceeding three years.
(2) If the offence referred to in paragraph 1 of this article
has resulted in a serious bodily injury or the death of a person,
or if damage to property on a large scale or other serious consequences
occurred, the offender shall be punished by imprisonment for a
term exceeding one year but not exceeding 10 years.
(3) In the event that the offence referred to in paragraph 1
of this article has been committed by negligence, the offender
shall be punished by imprisonment for a term not exceeding one
year.
(4) In the event that the offence under paragraph 3 of this
article resulted in a consequence referred to in paragraph 2 of
this article, the offender shall be punished by imprisonment for
a term exceeding three months but not exceeding five years.
Submitting untrue reports and accounts
Article 211.
(1) If a military person, in the execution of his duty, presents
a report or gives an account whose contents is untrue, or withholds
knowledge of a true fact which he ought to have mentioned in a
report or an account, and if such his act results in serious detrimental
consequences for the service, or if the service is seriously jeopardized,
he shall be punished by imprisonment for a term not exceeding
one year.
(2) If the act referred to in paragraph 1 of this article has
been committed by presenting a report or account of special importance,
or if serious consequences have occurred, the offender shall be
punished by imprisonment for a term exceeding one year but not
exceeding five years.
(3) In the event that the offence referred to in paragraph 2
of this article has been committed by negligence, the offender
shall be punished by imprisonment for a term not exceeding one
year.
Failure to take measures for the protection
of a military unit
Article 212.
(1) A military commander who fails to take prescribed, ordered
or other manifestly necessary measures toward protecting the lives
and health of men entrusted to him, toward securing and maintaining
installations, objects and means of combat readiness, toward ensuring
regular supply of his unit with food, equipment or material, toward
protecting lives and health of livestock, toward the timely and
proper execution of defensive works or protection of installations
entrusted to him, and by doing so jeopardizes lives of people
or seriously jeopardizes the health of people or a property of
a high value, shall be punished by imprisonment for a term not
exceeding three years.
(2) If the offence referred to in paragraph 1 of this article
has resulted in a serious bodily injury or the death of a person,
or if damage to property on a large scale or other serious consequences
occurred, the offender shall be punished by imprisonment for a
term exceeding one year but not exceeding 10 years.
(3) In the event that the offence referred to in paragraph 1
of this article has been committed by negligence, the offender
shall be punished by imprisonment for a term not exceeding one
year.
(4) In the event that the offence under paragraph 3 of this
article resulted in a consequence referred to in paragraph 2 of
this article, the offender shall be punished by imprisonment for
a term exceeding six months but not exceeding five years.
Deficient protective measures at drills
Article 213.
(1) A military person who fails to take the prescribed, ordered
or manifestly necessary safety or precautionary measures during
exercises, training courses, or in the course of conducting a
test, and thus bring into danger lives of people or seriously
jeopardizes the health of people or property of a high value,
shall be punished by imprisonment for a term not exceeding three
years.
(2) If the offence referred to in paragraph 1 of this article
has resulted in a serious bodily injury or the death of a person,
or if damage to property on a large scale or other serious consequences
occurred, the offender shall be punished by imprisonment for a
term exceeding one year but not exceeding 10 years.
(3) In the event that the offence referred to in paragraph 1
of this article has been committed by negligence, the offender
shall be punished by imprisonment for a term not exceeding one
year.
(4) In the event that the offence under paragraph 3 of this
article resulted in a consequence referred to in paragraph 2 of
this article, the offender shall be punished by imprisonment for
a term exceeding six months but not exceeding five years.
Evasion of a summons to military service
Article 214.
(1) Whoever, without justifiable cause, fails to report for
military conscription, for the war assignment or reception of
arms, or for the compulsory military service, military training
or any other military duty at the appointed time, even though
he has been summoned by an individual or general call-up, shall
be fined or punished by imprisonment for a term not exceeding
one year.
(2) Whoever has hidden himself in order to evade military conscription
referred to in paragraph 1 of this article, even though he has
been summoned by an individual or general call-up, shall be punished
by imprisonment for a term exceeding three months but not exceeding
five years.
(3) Whoever escapes abroad or without authority remains abroad
with a view to evading the recruitment, statutory obligation as
to military service, drill or any other military duty, shall be
punished by imprisonment for a term exceeding one year but not
exceeding 10 years.
(4) Whoever suborns several persons to commit any offence under
paragraphs 1 to 3 of this article, shall be punished for the offence
under paragraph 1 by imprisonment for a term not exceeding three
years, and for offenses under paragraphs 2 and 3 of this article
by imprisonment for not less than one year.
(5) A perpetrator of an offence referred to in paragraphs 2
and 3 of this article who voluntarily reports to the military
authorities may have his punishment reduced or remitted.
Evasion of military service through self-mutilation
or deceit
Article 215.
(1) Whoever, for the purpose of evading military service or
being assigned to an easier duty, maims or otherwise temporarily
disables himself or permits another to temporarily disable him
for military service, as well as whoever for the same purpose
temporarily disables another with or without his approval, shall
be punished by imprisonment for a term exceeding three months
but not exceeding five years.
(2) If lasting disability for military service resulted from
the commission of an offence described under paragraph 1 of this
article, the offender shall be punished by imprisonment for a
term exceeding one year but not exceeding 10 years.
(3) Whoever, with the same intention as described in paragraph
1 of this article, uses forged documents for himself or another
person, simulates a disease or uses any other fraud, shall be
punished by imprisonment for a term exceeding three months but
not exceeding five years.
Illegal exemption from military service
Article 216.
Whoever, under misuse of his position or authority, causes exemption
of a military person or a person subject to conscription from
military service, or his assignment to an easier duty, shall be
punished by imprisonment for a term exceeding one year but not
exceeding eight years.
Arbitrary abandonment and desertion of
the army
Article 217.
(1) A military person who arbitrarily leaves his unit or service
and fails to return on duty within five days, or fails to return
on duty from an authorized furlough from the unit or service within
the same period, shall be punished by imprisonment for a term
not exceeding one year.
(2) The punishment referred to in paragraph 1 of this article
shall be imposed on a military person who, without authorization,
has been outside his unit or service more than two times for a
period of less than five days, as well as a military person who
arbitrarily abandons his unit or service during the execution
of an important mission or increased level of combat readiness
of his unit.
(3) A military person who has hidden himself in order to evade
compulsory military service, or who arbitrarily abandons his unit
or service and fails to return on duty within 30 days, or fails
to return within the same period from an authorized furlough from
the unit or service, shall be punished by imprisonment for a term
exceeding six months but not exceeding five years.
(4) A military person who escapes abroad or remains abroad in
order to evade service in the armed forces, shall be punished
by imprisonment for not less than one year.
(5) A military person who prepares an escape abroad in order
to evade service in the armed forces, shall be punished by imprisonment
for a term exceeding six months but not exceeding five years.
(6) Whoever suborns a military person to commit any offence
under paragraphs 1 and 2 of this article, shall be punished by
imprisonment for a term not exceeding one year.
(7) If the perpetrator of an offence under paragraphs 3 and
4 of this article reports to any state body of his own free will,
his punishment may be reduced.
Evasion of listing and inspections
Article 218.
Whoever, in contravention of a lawfully established obligation
and without justifiable cause, fails to answer or opposes a listing
or inspection of manpower, or a listing or inspection of means
of transport and transfer, livestock, buildings and other objects
necessary to the armed forces, or whoever furnishes inaccurate
data or makes inaccurate statements during the aforementioned
listing or inspection, shall be fined or punished by imprisonment
for a term not exceeding one year.
Non-fulfilment of the material obligation
Article 219.
Whoever, in contravention of a lawfully established obligation
and without justifiable cause, fails to place at the disposal
of military authorities objects and means, or fails to deliver
livestock in the prescribed condition and at the appointed time,
shall be fined or punished by imprisonment for a term not exceeding
one year.
Unconscientious manufacture and acceptance
of delivery of military material
Article 220.
(1) A military person or a responsible person in an organization
of associated labour, other organization, grouping or institution
catering to the needs of national defense, who performs his duty
or obligation entrusted to him in an unconscientious way and as
a result of whose behaviour arms, ammunition, explosives or other
combat means are not manufactured on time or fall short of a specified
quality, shall be punished by imprisonment for a term exceeding
three months but not exceeding five years.
(2) The punishment referred to in paragraph 1 of this article
shall be imposed on a military person who, in an unconscientious
execution of his duty, accepts the delivery of foodstuffs, weapons
or other military implements which fail to meet the prescribed
conditions or terms of contract.
(3) If an offence described in paragraphs 1 and 2 of this article
has entailed serious consequences, the offender shall be punished
by imprisonment for a term exceeding one year but not exceeding
10 years.
(4) In the event that offenses referred to in paragraphs 1 and
2 of this article have been committed by negligence, the offender
shall be punished by imprisonment for a term not exceeding three
years.
(5) In the event that the offence under paragraph 4 of this
article resulted in a consequence referred to in paragraph 3 of
this article, the offender shall be punished by imprisonment for
a term exceeding three months but not exceeding five years.
Irregular or careless attitude towards
arms, ammunition and explosive
Article 221.
(1) Whoever irregularly or carelessly keeps, watches or handles
arms, ammunition or explosives of a military unit or establishment
which have been entrusted to him and thereby causes a substantial
damage to the aforementioned items, their destruction or disappearance,
shall be punished by imprisonment for a term not exceeding one
year.
(2) The manager of a depot of arms, ammunition, explosives or
other combat implements who fails to take the appropriate measures
towards their protection or maintenance and thereby causes damage,
destruction or disappearance of the aforementioned items, shall
be punished by imprisonment for a term exceeding three months
but not exceeding five years.
(3) If large-scale property damages occurred as a result of
the offence under paragraph 2 of this article, the offender shall
be punished by imprisonment for a term exceeding one year but
not exceeding 10 years.
(4) In the event that the offence referred to in paragraph 2
of this article has been committed by negligence, the offender
shall be punished by imprisonment for a term not exceeding three
years.
(5) In the event that the offence under paragraph 4 of this
article resulted in a consequence referred to in paragraph 3 of
this article, the offender shall be punished by imprisonment for
a term exceeding three months but not exceeding five years.
Illegal disposition of arms entrusted
Article 222.
Whoever appropriates, pawns, confers to another for use, damages
or destroys arms, ammunition or explosive which are given to him
for use and which serve for the national defense purposes, shall
be punished by imprisonment for a term exceeding six months but
not exceeding five years.
Theft of military equipment
Article 223.
(1) Whoever purloins arms, ammunition, explosive or an object
forming part of a combat means serving for the national defense
purposes, shall be punished by imprisonment for a term exceeding
three months but not exceeding five years.
(2) If the value of the objects referred to in paragraph 1 of
this article exceeds the amount of 30.000 dinars, or if the theft
has been committed by breaking open or breaking into closed buildings,
rooms, safes, closets or other closed premises, or if it has been
committed by several persons who have joined for the purpose of
the commission of theft, or in a particularly dangerous or brazen
manner, or by a person in possession of any weapon or dangerous
instrument for attack or defense, or during a fire, flood or similar
calamity, the offender shall be punished by imprisonment for a
term exceeding one year but not exceeding 10 years.
(3) If the value of the objects referred to in paragraph 1 of
this article exceeds the amount of 100.000 dinars, the offender
shall be punished by imprisonment for not less then five years
or a term of 20 years.
Disclosure of military secrets
Article 224.
(1) Whoever without authority communicates, confers or otherwise
makes accessible to another information which constitutes a military
secret, or whoever compiles such information with a view to convey
it to an unauthorized person, shall be punished by imprisonment
for a term exceeding three months but not exceeding five years.
(2) In the event that the offence referred to in paragraph 1
of this article has been committed out of greed, or if it involves
especially confidential information, or for the purpose of disclosing
or using the information abroad, the offender shall be punished
by imprisonment for not less than one year.
(3) In the event that the offence referred to in paragraph 1
of this article has been committed by negligence, the offender
shall be punished by imprisonment for a term not exceeding three
years.
(4) Military secret shall be so construed as to include information
which has been designated as a military secret by virtue of law,
other statutory provision, general act or decision of a competent
body, as well as information which has not been designated as
a military secret, but whose disclosure, because of their importance,
might manifestly cause serious detrimental consequences to the
armed forces and their preparations for the defense of the country.
Trespass on military installations and
unauthorized making of sketches or drawings of military installations
and weapons
Article 225.
(1) Whoever enters a military installation without authority,
although he is aware of the prohibition to enter, shall be punished
by imprisonment for a term not exceeding one year.
(2) Whoever without authority makes sketches or drawings of
military installations or means of combat, or takes photographs
of the same, or makes any other kind of record, shall be punished
by imprisonment for a term not exceeding three years.
Punishment for criminal acts committed
during a state of war or imminent war danger
Article 226.
(1) If any of the criminal acts referred to in Article 201,
paragraphs 1, 2 and 4, Article 202, paragraph 2, Article 203,
paragraphs 1, 5 and 6, Article 204, Article 205, paragraphs and
2, Article 206, paragraphs 1 and 2, Article 208, paragraph 1,
Article 209, paragraphs 1, 2, 4 and 5, Article 210, paragraphs
1, 3 and 4, Article 211, paragraphs 1 and 3, Article 212, paragraphs
1, 3 and 4, Article 213, paragraphs 1, 3 and 4, Article 214, paragraph
1, Article 217, paragraphs 1, 2 and 6, Article 218, Article 219,
Article 220, paragraphs 1, 2, 4 and 5, Article 221, paragraphs
1, 2, 4 and 5, Article 222, Article 223, paragraph 1, Article
224, paragraph 3, and Article 225 of this law has been committed
during a state of war or imminent war danger, the offender shall
be punished by imprisonment for a term exceeding one year but
not exceeding 10 years.
(2) If any of the criminal acts referred to in Article 205,
paragraph 3, Article 208, paragraph 2, Article 211, paragraph
2, Article 212, paragraph 2, Article 213, paragraph 2, Article
214, paragraph 4 in relation to paragraph 1, Article 217, paragraph
5, Article 221, paragraph 3, Article 223, paragraph 2 and Article
224, paragraph 1 of this law has been committed during a state
of war or imminent war danger, the offender shall be punished
by imprisonment for not less than three years.
(3) If any of the criminal acts referred to in Article 201,
paragraph 3, Article 202, paragraph 1, Article 203, paragraphs
2 and 4, Article 206, paragraph 3, Article 209, paragraph 3, Article
210, paragraph 2, Article 214, paragraphs 2, 3 and paragraph 4
in relation to paragraphs 2 and 3, Article 215, Article 216, Article
217, paragraphs 3 and 4, Article 220, paragraph 3, Article 223,
paragraph 3 and Article 224, paragraph 2 of this law has been
committed during a state of war or imminent war danger, the offender
shall be punished by imprisonment for not less than five years
or the death penalty.
Surrender to the enemy
Article 227.
A military person who defects to the enemy or surrenders to
the enemy in time of war, shall be punished by imprisonment for
not less than five years or the death penalty.
Failure to discharge duty in combat
Article 228.
(1) A military person who, in combat or immediately prior to
it, fails to discharge his duty and in consequence causes damage
to a military unit or military situation, shall be punished by
imprisonment for not less than one year.
(2) If serious consequences occur as a result of the offence
referred to in paragraph 1 of this article, the offender shall
be punished by imprisonment for not less than five years or the
death penalty.
Arbitrary abandonment of a duty in combat
Article 229.
(1) A military person who, in combat or immediately prior to
it, abandons his duty in an arbitrary or deceitful manner, shall
be punished by imprisonment for not less than three years.
(2) If serious consequences occur as a result of the offence
referred to in paragraph 1 of this article, the offender shall
be punished by imprisonment for not less than five years or the
death penalty.
Abandoning position contrary to orders
Article 230.
(1) A military commander who, in breach of an order, abandons
a position with the unit entrusted to him, prior to having exhausted
all models of defence, shall be punished by imprisonment for not
less than three years.
(2) If serious consequences occur as a result of the offence
referred to in paragraph 1 of this article, the offender shall
be punished by imprisonment for not less than five years or the
death penalty.
Premature abandonment of a wrecked vessel
or aircraft
Article 231.
(1) A captain of a navy ship who in times of war abandons the
sinking vessel prior to having fulfilled his duties until the
end in accordance with the navy service regulation, shall be punished
by imprisonment for not less than three years.
(2) A member of the crew of a navy ship who in times of war
abandons the damaged vessel before the ship's captain has issued
an order that the vessel be abandoned, or a member of the crew
of a military aircraft who in times of war abandons the damaged
aircraft prior to having discharged his duty in accordance with
the regulations on the flight and usage of aircraft, shall be
punished by imprisonment for a term exceeding one year but not
exceeding 10 years.
(3) If serious consequences occur as a result of any of the
offenses referred to in paragraphs 1 and 2 of this article, the
offender shall be punished by imprisonment for not less than five
years or the death penalty.
Abandonment of undamaged combat means
to the enemy
Article 232.
(1) A miliary person who lets a basically undamaged military
depot, vessel, aircraft, tank or other instrument or means of
conducting war fall into the hands of the enemy, shall be punished
by imprisonment for a term exceeding one year but not exceeding
10 years.
(2) The punishment referred to in paragraph 1 of this article
shall be imposed on a person who contrary to orders lets basically
undamaged military installations or other objects of relevance
to national defense fall into the hands of the enemy.
(3) In the event that offenses referred to in paragraphs 1 and
2 of this article have been committed by negligence, the offender
shall be punished by imprisonment for a term exceeding three months
but not exceeding five years.
Weakening combat morale and military situation
Article 233.
(1) A military person who, in action or immediately prior to
combat, weakens the fighting morale of a unit or causes prejudice
to the military situation by running away, throwing away arms
and ammunition, spreading fear, creating disorder or confusion,
or in any other way, shall be punished by imprisonment for not
less than five years.
(2) A military commander who fails to take necessary steps toward
a subordinate or a person of a lower rank who, in action or immediately
before it, spreads fear among soldiers, creates disorder or confusion
in the ranks of the unit, or otherwise weakens the fighting fitness
of the unit or causes prejudice to the military situation, shall
be punished by imprisonment for a term exceeding one year but
not exceeding 10 years.
(3) If serious consequences occur as a result of any of the
offenses referred to in paragraphs 1 and 2 of this article, the
offender shall be punished by imprisonment for not less than 10
years or the death penalty.
Failure to protect a military unit
Article 234.
(1) A military commander who negligently fails to secure his
unit in times of war, so that harmful consequences to the unit
occur as a result, shall be punished by imprisonment for not less
than three years.
(2) If serious consequences for the unit occur as a result of
the offence referred to in paragraph 1 of this article, the offender
shall be punished by imprisonment for not less than five years
or the death penalty.
(3) In the event that the offence referred to in paragraph 1
of this article has been committed by negligence, the offender
shall be punished by imprisonment for a term exceeding one year
but not exceeding 10 years.
(4) In the event that the offence under paragraph 3 of this
article resulted in a consequence referred to in paragraph 2 of
this article, the offender shall be punished by imprisonment for
not less than three years.
Failure to inform the military authorities
in times of war
Article 235.
(1) Whoever, in times of a state of war or imminent war danger,
fails to inform a superior, a person of a higher rank or a military
command of an event clearly requiring that military measures be
undertaken forthwith, shall be punished by imprisonment for a
term not exceeding three years.
(2) If serious consequences occur as a result of the offence
referred to in paragraph 1 of this article, the offender shall
be punished by imprisonment for a term exceeding one year but
not exceeding 10 years.
Failure to fulfil a duty in carrying out
mobilization
Article 236.
(1) A military person or an official who, carrying out mobilization
in times of war or imminent war danger and in violation of his
duty, fails to ensure the reception, location and accommodation
of the mobilized manpower, livestock, transport and other means,
or who fails to ensure the supply of the mobilized manpower and
livestock, or to perform any other duty in connection with mobilization,
as a result of which detrimental consequences occurred or might
have occurred, shall be punished by imprisonment for a term exceeding
one year but not exceeding five years.
(2) If serious consequences occur as a result of the offence
referred to in paragraph 1 of this article, the offender shall
be punished by imprisonment for not less than five years or the
death penalty.
(3) In the event that the offence referred to in paragraph 1
of this article has been committed by negligence, the offender
shall be punished by imprisonment for a term not exceeding three
years.
(4) In the event that the offence under paragraph 3 of this
article resulted in a consequence referred to in paragraph 2 of
this article, the offender shall be punished by imprisonment for
a term exceeding three months but not exceeding five years.
Imposing the punishment of confiscation
of property
Article 237.
The punishment of confiscation of property may be imposed on
a perpetrator of any criminal act referred to in Article 202,
Article 203, paragraphs 2 to 4, Article 206, paragraphs 3 and
4, Article 214, paragraphs 2 and 3, Article 215, paragraph 2,
Article 216, Article 217, paragraphs 3 and 4, Article 223, paragraphs
2 and 3, Article 224, paragraph 2, and articles 226 to 236 of
this law.
Conditions for imposing disciplinary penalties,
measures
Article 238.
For criminal acts against the armed forces for which a punishment
of imprisonment for a term not exceeding three years has been
prescribed, military persons may incur disciplinary penalties
or measures designated by statutory regulations, provided that
the offence be of an especially light character and that considerations
of service and military discipline so require.
Responsibility for criminal offenses committed
by superior orders
Article 239.
No punishment shall be imposed on a subordinate if he commits
a criminal offence pursuant to order of a superior given in the
line of official duty, unless the order has been directed toward
committing a war crime or any other grave criminal offence, or
if it was obvious that the carrying out of the order constitutes
a criminal offence.
Chapter
Twenty-One
CRIMINAL ACTS AGAINST THE SAFETY OF THE AIR TRAFFIC
Hijack of an aircraft
Article 240.
(1) Whoever, by force or by serious threat of force, takes control
over an aircraft while on flight, shall be punished by imprisonment
for not less than one year.
(1) In a particularly grave case of the offence described under
paragraph 1 of this article, the offender shall be punished by
imprisonment for not less then five years or a term of 20 years.
Jeopardizing the safety of an aircraft's
flight
Article 241.
(1) Whoever brings into danger the safety of an aircraft's flight
by planting or bringing into the aircraft an explosive or other
like device or substance, by destroying or damaging instruments
of navigation, by inflicting other damage on the aircraft, giving
out false information regarding the flight of the aircraft, irregular
operating of the aircraft, failing to discharge duties or supervision
in relation to safety of the air traffic, or in any other way,
shall be punished by imprisonment for a term exceeding one year
but not exceeding 10 years.
(2) If the death of one or more persons, or the destruction
of the aircraft, has been brought about as a result of any offence
described in paragraph 1 of this article, the offender shall be
punished by imprisonment for not less then five years or a term
of 20 years.
(3) If a person was deliberately deprived of his life in the
course of the commission of any of the acts referred to in paragraph
1, the offender shall be punished by imprisonment for not less
than 10 years or the death penalty.
(4) In the event that the offence referred to in paragraph 1
of this article has been committed by negligence, the offender
shall be punished by imprisonment for a term not exceeding three
years.
(5) If the death of one or more persons, or the destruction
of the aircraft, has been brought about as a result of the offence
described in paragraph 4 of this article, the offender shall be
punished by imprisonment for a term exceeding one year but not
exceeding eight years.
Destroying and removing signals serving
for the safety of the air traffic
Article 242.
Whoever destroys, damages or removes a signal serving for the
safety of the air traffic, shall be punished by imprisonment for
a term not exceeding three years.
Misuse of telecommunication signals
Article 243.
Whoever maliciously or needlessly transmits an internationally
used signal of distress or a danger signal, or whoever, by the
use of a telecommunication signal, causes deception that there
is no danger, or whoever misuses an internationally accepted telecommunication
signal, shall be punished by imprisonment for a term exceeding
three months but not exceeding three years.
Chapter
Twenty-Two
CRIMINAL ACTS AGAINST OTHER SOCIAL VALUES
Failure to comply with sanitary regulations
during an epidemic
Article 244.
Whoever during an epidemic of a dangerous contagious disease
fails to comply with the regulations or ordinances establishing
measures for the suppression or prevention of the epidemic, shall
be punished by imprisonment for a term not exceeding one year.
Unauthorized production and sale of narcotics
Article 245.
(1) Whoever without authority manufactures, processes, sells
or offers for sale, or purchases, keeps or transfers for sale,
or intercedes in a sale or purchase, or otherwise puts into circulation
substances or preparations which are declared intoxicating drugs
or psychotropic substances, shall be punished by imprisonment
for a term exceeding six months but not exceeding five years.
(2) If any offence described under paragraph 1 of this article
has been committed by several persons who joined for the purpose
of committing the offence, or if the perpetrator of the act has
organized a network of middlemen or re-sellers, or if the offence
has been committed using a particularly dangerous narcotic or
psychotropic substance, shall be punished by imprisonment for
a term exceeding one year but not exceeding 10 years.
(3) The intoxicating drugs and psychotropic substances, as well
as means of their production, shall be forfeited.
Enabling someone to enjoy intoxicating
drugs
Article 246.
(1) Whoever induces another to enjoy an intoxicating narcotic
or psychotropic substance, or gives another an intoxicating narcotic
or psychotropic substance for his or the use of third person,
or renders available premises for the enjoyment of an intoxicating
narcotic or psychotropic substance, or otherwise enables another
to enjoy an intoxicating narcotic or psychotropic substance, shall
be punished by imprisonment for a term exceeding three months
but not exceeding five years.
(2) If the act referred to in paragraph 1 of this article has
been committed against a juvenile or against a number of persons,
or using a particularly dangerous intoxicating narcotic or psychotropic
substance, or if the act caused particularly grave consequences,
the offender shall be punished by imprisonment for a term exceeding
one year but not exceeding 10 years.
(3) The intoxicating drugs and psychotropic substances shall
be forfeited.
Failure to comply with regulations for
the suppression of animal and plant diseases
Article 247.
(1) Whoever, during an epidemic of a cattle disease threatening
to endanger cattle raising in the whole country, fails to comply
with a decision by a competent body made on the basis of a federal
regulation, which determines measures for the suppression or prevention
of the disease, shall be punished by imprisonment for a term not
exceeding one year.
(2) The punishment referred to in paragraph 1 of this article
shall be imposed on a person who, during the period of danger
of disease and pest which might endanger the flora throughout
the country, fails to comply with a decision by a competent body
made on the basis of a federal regulation, which determines measures
for the suppression or prevention of the disease or pest.
(3) If considerable damage occurred as a result of any offence
referred to in paragraphs 1 and 2 of this article, the offender
shall be punished by imprisonment for a term not exceeding three
years.
(4) In the event that the offence referred to in paragraphs
1 to 3 of this article has been committed by negligence, the offender
shall be fined or punished by imprisonment for a term not exceeding
one year.
Improper consignment of explosive substances
or inflammable materials for shipment
Article 248.
Whoever contrary to federal regulations applicable to the transportation
of explosive substances or easily inflammable materials presents
explosive substances or easily inflammable material for shipment
by any public transportation media, or carries them by himself
in any public transportation media, shall be punished by imprisonment
for a term not exceeding one year.
Illicit crossing of the state border
Article 249.
(1) Whoever crosses or attempts to cross the SFRJ border without
the proper permit, as part of an organized group, armed or by
the use of violence, shall be punished by imprisonment for a term
not exceeding one year.
(2) Whoever engages in illegal transport of others across the
SFRJ border, or whoever for lucrative purposes enables others
to illicitly cross the border, shall be punished by imprisonment
for a term exceeding six months but not exceeding five years,
and may also be punished by confiscation of property.
Violation of a right to the invention
Article 250.
(1) Whoever without authority uses registered or protected invention
of another, shall be punished by imprisonment for a term exceeding
three months but not exceeding five years.
(2) Whoever without authority makes public the substance of
another's invention before the invention has been made public
in the manner established by law, shall be punished by imprisonment
for a term not exceeding one year.
Intermediation in the exercise of prostitution
Article 251.
(1) Whoever recruits, induces, incites or lures female persons
into prostitution, or whoever takes part in any way in turning
a female over to another for the exercise of prostitution, shall
be punished by imprisonment for a term exceeding three months
but not exceeding five years.
(2) If the offence described in paragraph 1 of this article
has been committed against a female under age or by force, threat
or ruse, the offender shall be punished by imprisonment for a
term exceeding one year but not exceeding 10 years.
Production and dissemination of obscene
(pornographic) writings
Article 252.
(1) Whoever produces, sells, disseminates, publicly exhibits
or procures, or keeps for sale writings, pictures or other objects
grossly offensive to morality, shall be fined or punished by imprisonment
for a term not exceeding one year.
(2) Objects referred to in paragraph 1 shall be confiscated.
Chapter
Twenty-Three
CONSPIRACY AND JOINING FORCES FOR THE PURPOSE
OF THE COMMISSION OF CRIMINAL ACTS DEFINED IN THE FEDERAL LAW
Conspiracy for the purpose of the commission
of a criminal act defined in the federal law
Article 253.
Whoever plots with another to commit a criminal act defined
in the federal law, for which a punishment of five years or a
heavier penalty might be imposed, unless the federal law threatens
a heavier penalty for such conspiracy, shall be punished by imprisonment
for a term not exceeding one year.
Joining for the purpose of the commission
of criminal acts defined in the federal law
Article 254.
(1) Whoever organizes a group of persons for the purpose of
the commission of criminal acts defined in the federal law, for
which a punishment of five years or a heavier penalty might be
imposed, unless the federal law threatens a heavier penalty for
such organizing, shall be punished by imprisonment for a term
exceeding three months but not exceeding five years.
(2) A member of the group referred to in paragraph 1 of this
article shall be punished by imprisonment for a term not exceeding
one year.
(3) A member of a group referred to in paragraph 1 of this article
who exposes the group before he has committed a criminal act in
its ranks or on its account, may have his punishment remitted.
Chapter
Twenty-Four
TRANSITIONAL AND FINAL PROVISIONS
Article 255.
On the day of effectiveness of this law - a legally effective
but yet unserved punishment of strict imprisonment, as well as
the punishment of strict imprisonment which has not become legally
effective, becomes the punishment of imprisonment of the same
duration.
Article 256.
(1) On the day of effectiveness of this law, the pronounced
security measure of committal to an institution for custody and
cure - becomes the security measure of mandatory psychiatric treatment
and custody in a medical institution, while the measure of revocation
of driver licence becomes the measure of prohibition against driving
a motor vehicle.
(2) The court may order that the compulsory psychiatric treatment
and custody in a medical institution be substituted by the measure
of compulsory psychiatric treatment outside prison, providing
there are legal conditions for such decision.
Article 257.
In the event that an educational measure not provided for in
the law of republic or autonomous province has been imposed on
a juvenile before the day of effectiveness of this law, the court
which tried the juvenile in first instance may substitute the
imposed measure by another one which is legally founded, but which
may not be heavier than the originally imposed measure, neither
by its type nor its duration.
Article 258.
Punishments for criminal acts which are prescribed in special
laws become:
(1) the punishment of strict imprisonment becomes the punishment
of imprisonment of the same duration, and if its minimum sentence
has not been indicated, imprisonment for a term not exceeding
one year shall be ordered as the minimum sentence;
(2) the punishment of imprisonment for which the law does not
provide minimum and maximum sentences becomes the punishment of
imprisonment with the maximum of three years of imprisonment,
and the minimum of 15 days of imprisonment.
Article 259.
(1) Legal consequences, which take place on the basis of the
federal law after the conviction to strict imprisonment of a fixed
duration, become effective on the day of effectiveness of this
law after the conviction to imprisonment of the same duration.
(2) Legal consequences of a sentence provided for in the federal
law, consisting of the ban on acquiring certain rights, are terminated
or cannot take place at all on the day of effectiveness of this
law, providing a fine, suspended sentence or judicial admonition
has been ordered as the principle punishment, or if the offender
had been found guilty but subsequently had his punishment remitted.
Article 260.
The court may impose the protective custody together with a
suspended sentence only on a junior adult for criminal acts committed
before the day of effectiveness of this law.
Article 261.
(1) Crediting detention and other deprivation of freedom relating
to a criminal act towards a fine in accordance with the sentences
legally effective prior to the day of effectiveness of this law
shall be carried out pursuant to the provisions of this law.
(2) Substituting a fine by imprisonment in accordance with the
sentences legally effective prior to the day of effectiveness
of this law shall be carried out by the regulations which were
in effect at the time of the pronouncement of the sentence.
Article 262.
Provisions of this law relating to the expungion of sentences
shall be applied to the sentences which had been legally effective
prior to the day of effectiveness of this law, and were not expunged
by the previous regulations.
Article 263.
(1) All regulations which are in contravention of this law cease
to be effective on the day of effectiveness of this law.
(2) Exceptionally from the provision laid down in paragraph
1 of this article, provisions on the pensioners' insurance (old-age
benefits) which provide for the loss of pensioner's accrued time
over the participation in the fight on the side of the aggressor
in the period between April 6, 1941 and May 15, 1945, or over
a conviction to strict imprisonment for a criminal act against
the people and state committed in the aforementioned period.
Article 264.
This law takes effect on July 1, 1977.