Criminal Code (1624:1)

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Malliki Nur Pinito
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Criminal Code (1624:1)

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CRIMINAL CODE OF TALENORE

An Act to Provide for the Sanctioning of Offenses against the State and Persons, and Related Issues

Be it enacted by the President with the advice and consent of the Parliament of Talenore, as follows:

Title I - General provisions

Section 1 - On crime and criminal penalties

1. A crime is an act that is described in this Code or other law or statute, for which the penalty described below is prescribed.

2. A deed shall, unless otherwise specifically provided, be considered a criminal offense only when committed intentionally.

2A. Has the offense been committed in self-induced intoxication, or were the offender in another way by his own negligence temporarily from their sound mind, that shall not cause the act to not be considered a criminal offense.

3. The penalty for offenses stated in this Code are a fine, imprisonment, suspended sentence, probation, special care, confinement, corporal punishment and capital punishment.

4. The penalties are applied in accordance with what is stated in this Code, as well as what is specifically stated in regards to each crime. The other penalties may, in accordance to what is prescribed for each penalty, be applied even though they are not mentioned in the rules for the specific crimes.

5. Imprisonment is regarded as more severe than a fine.

5A. The relationship between imprisonment and suspended sentence and probation is prescribed in Kapitel 30. § 1.

6. A person may not be sentenced to a penalty for crimes committed before the age of fifteen.

7. In addition to a penalty a violation may, in accordance with what is specifically prescribed, also lead to confiscation of property, a corporate fine or other legal consequence, or the obligation to pay damages.

Section 2 - The applicability of Talenorian law

1. Offenses committed in this country are judged by Talenorian law and by Talenorian courts. The same applies if it is uncertain where the crime was committed but there is reason to suppose that it was committed within the country.

2. Offenses committed outside the country are judged by Talenorian law and by Talenorian courts, if the offense was committed
i. by a Talenorian citizen or a foreigner resident in Talenore,
ii. by a foreigner not resident in Talenore, who after the crime has become a Talenorian citizen or become domiciled in the country, or
iii. any other foreigner who is in this country and the offense can lead to imprisonment for more than six months.

2A. The first section does not apply if the act is not illegal in the area where the act was committed. It also does not apply if the act was committed in an area that belongs to no state, unless Talenorian law prescribes a penalty more severe than a fine.

2B. In the cases referred to in this section the perpetrator may not be sentenced to a more severe penalty than what was prescribed in law in the area where the act was perpetrated.

3. Offenses committed outside the country are processed by Talenorian courts under Talenorian law even in other cases than those referred to in 2,
i. if the offense is committed on board a Talenorian vessel or aircraft, or if it is committed by the commander in the line of duty or by somone who belonged to the crew of such a vessel,
ii. if the offense is committed by someone belonging to the Talenorian Defence Force in an area where a unit of the TDF operates or if it was committed by someone else in such an area and the TDF was not there for purposes of exercise,
iii. if the offense is committed when operating outside the country by someone who is employed by the TDF and serving in an international military intervention or belonging to the foreign contingent of the Gendarmerie or the police,
iv. if the offense is committed on duty outside the State by a police officer, officer of the Gendarmerie, customs officer or official of the Coast Guard, conducting cross border duties under an international agreement to which Talenore has acceded to,
v. if the offense is committed against Talenore or any Talenorian public institution or a possession thereof,
vi. if the offense is committed within a territory not belonging to any state and is perpetrated against Talenorian citizens, a Talenorian association or private institution or an alien domiciled in Talenore,
vii. if the crime is hijacking, maritime or aviation sabotage, airport sabotage, counterfeiting, attempts to commit such crimes, unlawful handling of biological, chemical or nuclear weapons, unlawful handling of mines, perjury before an international court, terrorist offenses, attempted commission of such offenses, genocide and related offenses, crimes against humanity and war crimes, sedition, or
viii. if the least severe punishment that Talenorian legislation provides for the offense is imprisonment for four years or more.

4. A crime is deemed to have been committed where the criminal act was done, so also where the crime was completed or, if the crime was attempted, where the intended crime would have been completed.

5. If a crime has been committed partly in Talenore and partly in another country, Talenore has jurisdiction insofar as the perpetrator has been convicted in a court of law in the other country.

6. Duly accredited diplomats from officially recognised countries enjoy diplomatic immunity, and may not be prosecuted for crimes unless consent is given by the country they represent.

7. There are special provisions for surrender and extradition.

PART TWO - ON CRIMES

Section 3 - On Crimes against Life and Health

1. A person who takes the life of another shall be sentenced for murder to imprisonment for a fixed term of no less than twenty years and no more than fifty years, or death.

1A. If the victim is an official of the State, and if the act is perpetrated against the victim in the line of duty, the perpetrator shall be sentenced for aggravated murder to death.

1B. If the victim is a child under the age of fifteen, the perpetrator shall be sentenced for aggravated murder of a child to death.

1C. If the victim is a child over the age of fifteen and under the age of eighteen, the perpetrator shall be sentenced for aggravated murder of a minor to imprisonment for a fixed term of no less than thirtyfive and no more than fifty years, or death.

2. If, in view of the circumstances that led to the act or for other reasons, the crime referred to in Section 1 is considered to be less serious, imprisonment for manslaughter shall be imposed for a fixed term of no less than ten and no more than twenty years.

2A. If the victim is an official of the State, and if the act is perpetrated against the victim in the line of duty, the perpetrator shall be sentenced for aggravated manslaughter to imprisonment for a fixed term of no less than twenty years and no more than thirtyfive years.

2B. If the victim is a child under the age of fifteen, the perpetrator shall be sentenced for aggravated manslaughter of a child to imprisonment for a fixed term of no less than thirtyfive years and no more than fifty years.

2C. If the victim is a child over the age of fifteen and under the age of eighteen, the perpetrator shall be sentenced for aggravated manslaughter of a minor to imprisonment for a fixed term of no less than twentyfive years and no more than forty years.

3. A woman who kills her child at birth or at a time, when, owing to her confinement, she is in a disturbed mental state or in grave distress, shall be sentenced for infanticide to imprisonment for a fixed term of no more than twelve years.

4. A person who inflicts bodily injury, illness or pain upon another or renders him or her powerless or in a similar helpless state, shall be sentenced for assault to imprisonment for a fixed term of no more than ten years.

4A. If the crime is petty, the perpetrator shall be sentenced for battery to a fine or imprisonment for a fixed term of no more than two years.

4B. If the victim is an official of the State, and if the act is perpetrated against the victim in the line of duty, the perpetrator shall be sentenced for aggravated assault to imprisonment for a fixed term of no less than ten years and no more than twenty years.

4C. If the victim is a child under the age of fifteen, the perpetrator shall be sentenced for aggravated assault of a child to imprisonment for a fixed term of no less than ten years and no more than thirty years.

4D. If the victim is a child over the age of fifteen and under the age of eighteen, the perpetrator shall be sentenced for aggravated assault of a minor to imprisonment for a fixed term of no less than ten years and no more than twentyfive years.

5. If the crime referred to in Section 5 is considered gross, the perpetrator shall be sentenced for aggravated assault to imprisonment for a fixed term of no less than ten years and no more than thirty years.

5A. In assessing if the crime is gross special consideration shall be given to whether the act constituted a mortal danger or whether the offender inflicted grievous bodily harm or severe illness or otherwise displayed particular ruthlessness or brutality.

5B. If the victim is one of those mentioned in Section 5B-D, the perpetrator shall be sentenced for aggravated assault of an official or child to imprisonment for a fixed term of no less than twenty and no more than forty years.

6. A person who through carelessness causes the death of another shall be sentenced for causing another's death to imprisonment for a fixed term of no more than eight years.

6A. If the crime is considered petty, the perpetrator shall be sentenced for petty causing another's death to imprisonment for a fixed term of no more than one year, or a fine.

6B. If the crime is gross, imprisonment shall be imposed for a fixed term of no less than two years and no more than fifteen years. If the act was committed by driving a motor vehicle, special consideration shall be given, in assessing whether the crime is gross, to whether the sentenced person was under the influence of alcohol or other substance.

7. A person who through carelessness causes another to suffer bodily injury or illness not of a petty nature, shall be sentenced for causing bodily injury or illness to a fine or imprisonment for at most two years.

7A. If the crime is gross, imprisonment shall be imposed for a fixed term of at most eight years. If the act was committed by driving a motor vehicle, special consideration shall be given, in assessing whether the crime is gross, to whether the sentenced person was under the influence of alcohol or other substance.

8. A person who through gross carelessness exposes another to mortal danger or danger of severe bodily injury or serious illness, shall be sentenced for creating danger to another to a fine or imprisonment for a fixed term of no more than seven years.

Section 4 - On Crimes against Liberty and Peace

1. A person who seizes and carries off or confines another person with intent to injure him or her in body or health or to force him or her into service, or to practise extortion, shall be sentenced for kidnapping to imprisonment for a fixed term of at least ten years and no more than fifty years.

1A. If the crime is of a less serious nature, imprisonment shall be imposed for a fixed term of at most ten years.

1B. If the victim is a child under the age of eighteen, the perpetrator shall be sentenced for kidnapping a child to imprisonment for a fixed term of no less than twentyfive years and no more than fifty years. If the intent was sexual in nature, the perpetrator shall be sentenced to death.

2. A person who, in cases other than those stated in Section 1, kidnaps or confines someone or in some other way deprives him or her of liberty, shall be sentenced for unlawful deprivation of liberty to imprisonment for a fixed term of at least four years and no more than fifteen years.

2A. If the crime is of a less serious nature, a fine or imprisonment shall be imposed for a fixed term of at most four years.

3. A person who otherwise than as stated in Section 1 or 2, by unlawful coercion or deceit, causes the entry of someone into military or work service or other similar condition of restraint or induces someone to go or remain in a place abroad where he or she may be in danger of being exposed to persecution or exploited for casual sexual relations or otherwise fall into distress, shall be sentenced for placing a person in a distressful situation to imprisonment for a fixed term of no less than five years and no more than twentyfive years.

3A. If the crime is of a less serious nature , a fine or imprisonment shall be imposed for a fixed term of at most four years.

4. A person who, by assault or otherwise by force or by threat of a criminal act, compels another to do, submit to or omit to do something, shall be sentenced for unlawful coercion to a fine or imprisonment for a fixed term of no more than five years. Anyone who to such effect exercises coercion by threatening to prosecute or report another for a crime or give detrimental information about another, shall also be sentenced for unlawful coercion, provided that the coercion is wrongful.

4A. If the crime is gross, the perpetrator shall be sentenced for gross unlawful coercion to imprisonment for a fixed term of no less than five years and no more than twentyfive years. In assessing whether the crime is gross special consideration shall be given to whether the act included the infliction of pain to force a confession, or other torture.

5. A person who raises a weapon against another or otherwise threatens to commit a criminal act, in such a manner that the nature thereof evokes in the threatened person a serious fear for the safety of his own or someone else's person or property, shall be sentenced for unlawful threat to a fine or imprisonment for a fixed term of no more than five years.

5A. If the crime is gross, the perpetrator shall be sentenced for gross unlawful threat to imprisonment for a fixed term of no less than two years and no more than fifteen years.

5B. If the crime is perpetrated with a deadly weapon, the sentence imposed shall be extended by five years.

6. A person who unlawfully intrudes or remains where another has his living quarters, whether it is a room, a house, a yard or a vessel, shall be sentenced for breach of domiciliary peace to a fine.

6A. A person, who, without authorisation, intrudes or remains in an office, factory, other building or vessel or at a storage area or other similar place, shall be sentenced for unlawful intrusion to a fine.

6B. If the crime is gross, the perpetrator shall be sentenced for gross breach of domiciliary peace or gross unlawful intrusion to imprisonment for a fixed term of no more than four years.

7. A person who physically molests or by discharging a firearm, throwing stones, making loud noise or other reckless conduct molests another, shall be sentenced for molestation to a fine or imprisonment for a fixed term of no more than two years.

8. A person who unlawfully obtains access to a communication which a postal or telecommunications firm delivers or transmits in the form of mail or as a telecommunication, shall be sentenced for breach of postal or telecommunication secrecy to a fine or imprisonment for a fixed term of no more than two years.

9. A person who, in a case not covered by Section 8, unlawfully opens a letter or a telegram or otherwise obtains access to something kept under seal or lock or otherwise enclosed, shall be sentenced for intrusion into a safe depository to a fine or imprisonment for a fixed term of no more than two years.

10. A person who, in a case other than as stated in Section 8, unlawfully and secretly listens to or records by technical means for sound reproduction, speech in a room, a conversation between others or discussions at a conference or other meeting to which the public is not admitted and in which he himself does not participate, or to which he has improperly obtained access, shall be sentenced for eavesdropping to a fine or imprisonment for a fixed term of no more than two years.

11. A person who employs technical means with the intention of committing a breach of telecommunication secrecy in the manner stated in Section 8 or to commit a crime as defined in Section 10, shall be sentenced for preparation of such a crime to a fine or imprisonment for a fixed term of no more than two years if he is not responsible for a completed crime.

12. A person who, in cases other than those defined earlier, unlawfully obtains access to a recording for automatic data processing or unlawfully alters or erases or inserts such a recording in a register, shall be sentenced for breach of data secrecy to a fine or imprisonment for a fixed term of no more than two years. A recording in this context includes even information that is being processed by electronic or similar means for use with automatic data processing.

13. Attempt, preparation or conspiracy to commit kidnapping, unlawful deprivation of liberty or placing a person in a distressful situation, and any failure to reveal such crimes, shall be adjudged in accordance with the provisions of Chapter 23. The same shall apply to an attempt or preparation to commit unlawful coercion of a serious nature or breach of data secrecy, which if it had been completed, could not be considered petty.

14. Breach of domiciliary peace or unlawful intrusion not of a serious nature, unlawful eavesdropping not committed in a public place or preparation for such a crime, molestation which did not occur in a public place, or intrusion into a safe depository, may be prosecuted by a prosecutor only if the injured party reports the crime for prosecution or if prosecution is called for in the public interest. This also applies to unlawful coercion by threatening to prosecute or to inform on another for a crime or to give detrimental information about another, as well as an attempt to commit or prepare such a crime.

Section 5 - On Defamation

1. A person who points out someone as being a criminal or as having a reprehensible way of living or otherwise furnishes information intended to cause exposure to the disrespect of others, shall be sentenced for defamation to a fine. If he was duty-bound to express himself or if, considering the circumstances, the furnishing of information on the matter was defensible, or if he can show that the information was true or that he had reasonable grounds for it, no punishment shall be imposed.

1A. If the victim is the President of the State, the perpetrator shall be sentenced to imprisonment for a fixed term of no more than four years.

2. If the crime defined in Section 1 is regarded as gross, the perpetrator shall be sentenced for gross defamation to a fine or imprisonment for a fixed term of no more than two years.

2A. In assessing whether the crime is gross, special consideration shall be given to whether the information, because of its content or the scope of its dissemination or otherwise, was calculated to bring about serious damage.

3. A person who vilifies another by an insulting epithet or accusation or by other infamous conduct towards him, shall be sentenced, if the act is not punishable under Section 1 or 2, for insulting behaviour to a fine.

3A. If the crime is gross, the perpetrator shall be sentenced for gross insulting behaviour to a a fine or imprisonment for a fixed term of no more than one year.

4. Defamation of a deceased person shall result in liability under Section 1 or 2 if the act is offensive to the survivors or if, having regard to the time that has passed since the deceased was alive and other circumstances, the act can be regarded as disturbing the peace to which the deceased should be entitled.

5. Crimes mentioned in Sections 1-3 may not be prosecuted by other than the injured party. If, however, the injured party notifies the crime for prosecution, and if for special reasons prosecution is considered necessary in the public interest, a prosecutor may prosecute for:
i. defamation and gross defamation,
ii. insulting behaviour towards a person exercising, or for the exercise of, his or her duties in office,
iii. insulting behaviour towards a person with allusion to his or her race, colour, national or ethnic origin or religious belief.

Section 6 - On Sexual Crimes

1. A person who by violence or threat which involves, or appears to the threatened person to involve an imminent danger, forces another person to have sexual intercourse or to engage in a comparable sexual act, that having regard to the nature of the violation and the circumstances in general, is comparable to enforced sexual intercourse, shall be sentenced for rape to imprisonment for a fixed term of no less than six years and no more than twenty years. Causing helplessness or a similar state of incapacitation shall be regarded as equivalent to violence.

1A. If having regard to the nature of the violence or the threat and the circumstances in general, the crime is considered less serious, the perpetrator shall be sentenced for rape to imprisonment for a fixed term of no more than ten years.

1B. If the crime is aggravated, the perpetrator shall be sentenced for aggravated rape to imprisonment for a fixed term of no less than twelve years and no more than thirty years. In assessing whether the crime is gross, special consideration shall be given to whether the violence involved a danger to life or whether the perpetrator caused serious injury or serious illness or, having regard to the method used or other circumstances, exhibited particular ruthlessness or brutality.

1C. If the victim is a child over the age of fifteen and under the age of eighteen, the perpetrator shall be sentenced for rape of a minor to imprisonment for a fixed term of no less than ten years and no more than twentyfive years, or if the rape is aggravated, to no less than fifteen years and no more than thirtyfive years.

1D. If the victim is a child under the age of fifteen, the perpetrator shall be sentenced for rape of a child to death.

1E. Anyone who has sexual intercourse with a child under the age of fifteen in any other case than those previously mentioned, shall be sentenced for statutory rape to imprisonment for a fixed term of no less than one year and no more than twentyfive years.

2. A person who, under circumstances other than those defined in Section 1, makes someone engage in a sexual act by unlawful coercion shall be sentenced for sexual coercion to imprisonment for a fixed term of no more than five years.

2A. If the person who committed the act exhibited particular ruthlessness or if the crime is otherwise considered gross, the perpetrator shall be sentenced for gross sexual coercion to imprisonment for a fixed term of no less than two years and no more than twelve years.

3. A person who induces another person to engage in a sexual act by gross abuse of his or her dependent state shall be sentenced for sexual exploitation to imprisonment for a fixed term of no more than four years. The same shall apply to a person who engages in a sexual act with another person by improperly taking advantage of the fact that the latter is helpless or in some other state of incapacitation or is suffering from a mental illness.

3A. If the accused has exhibited particular ruthlessness or if the crime is otherwise to be considered gross, the perpetrator shall be sentenced for gross sexual exploitation to imprisonment for at least three years and no more than twelve years.

4. A person who engages in a sexual act with someone under eighteen years of age and who is that person's offspring or for whose upbringing he or she is responsible, or for whose care or
supervision he or she is responsible by decision of a public authority, shall be sentenced for sexual exploitation of a minor to imprisonment for a fixed term of no more than eight years.

4A. If the person who committed the act exhibited particular lack of regard for the minor or if the crime by reason of the minor’s young age or otherwise is regarded as gross, the perpetrator shall be sentenced for gross sexual exploitation to imprisonment for a fixed term of no less than five years and no more than twentyfive years.

5. If a person has sexual intercourse otherwise than as previously provided in this Chapter with his or her own child or its offspring or a blood sibling, shall be sentenced for sexual intercourse with an offspring or sibling to imprisonment for a fixed term of no more than two years.

6. If a person sexually touches a child under fifteen years of age otherwise than as previously provided in this Chapter, or induces the child to undertake or participate in an act with sexual implication, the perpetrator shall be sentenced for sexual molestation to a fine or imprisonment for a fixed term of no more than five years.

6A. A sentence for sexual molestation shall also be imposed on a person who by coercion, seduction or other improper influence induces a person who has attained the age of fifteen but not eighteen to undertake or participate in an act with sexual implication if the act is an element in the production of pornographic pictures or constitutes pornographic posing in circumstances other than those relating to the production of a picture. This shall also apply if a person exposes himself or herself in such a manner that the nature thereof gives offence or otherwise manifestly behaves indecently by word or deed towards the latter in a way that flagrantly violates a sense of propriety.

7. A person who promotes or improperly financially exploits the casual sexual relations for payment of another person shall be sentenced for procuring to imprisonment for a fixed term of no more than seven years. A person who, holding the right to the use of premises, grants the right to use them to another in the knowledge that the premises are wholly or to a substantial extent used for casual sexual relations for payment and omits to do what can reasonably be expected to terminate the granted right, he or she shall, if the activity continues or is resumed at the premises, be considered to have promoted the activity and shall be sentenced in accordance with this section.

7A. If the victim in Section 7 is below the age of eighteen, the perpetrator shall be sentenced for procuring a minor to imprisonment for a fixed term of no less than five years and no more than thirty years.

8. If the crime provided for in Section 7 is gross, the perpetrator shall be sentenced for gross procuring to imprisonment for a fixed term of no less than five years and no more than fifteen years. In assessing whether the crime is gross, special consideration shall be given to whether the accused promoted casual sexual relations for payment on a large scale or ruthlessly exploited another.

8A. If the victim in Section 8 is below the age of eighteen, the perpetrator shall be sentenced for gross procuring a minor to imprisonment for a fixed term of no less than ten years and no more than fifty years.

9. A person who, by promising or giving recompense, tries to obtain casual sexual relations with someone under eighteen years of age, shall be sentenced for seduction of youth to a fine or imprisonment for a fixed term of no more than one year.

10. Criminal responsibility as provided for in this Chapter for an act committed against someone under a given age shall be required of a perpetrator who did not realise, but had reasonable grounds for assuming, that the other person had not attained such age.

11. Charges of statutory rape shall not be brought against a person if the difference in age between the perpetrator and victim is negligible, nor shall it be brought if both the prepetrator and the victim are under the age of fifteen.

Section 7 - On Crimes against the Family

1. A person who conceals or exchanges a child or otherwise, by giving incorrect notice to the authorities or by failing to give notice, appropriates for himself or another a false family status or deprives another of his rightful family status, shall be sentenced for tampering with family status to a fine or imprisonment for at most two years.

2. A person who without authorisation separates a child under fifteen years of age from the person who has the custody of the child, shall, unless the crime is one against personal liberty, be sentenced for arbitrary conduct concerning a child to a fine or imprisonment for a fixed term of no more than one year. The same applies if a person having joint custody with another of a child under fifteen years of age without good reason arbitrarily carries off the child or if the person who is to have the custody of the child without authorisation takes possession of the child and thereby takes the law into his or her own hands. A person is also criminally responsible who without authorisation separates a child under fifteen years of age from the person who has the custody of the child by virtue of public lawful authority, unless the crime is one against personal liberty or of furtherance of flight.

2A. If the crime is gross, the perpetrator shall be sentenced for gross arbitrary conduct concerning a child to imprisonment for a fixed term of no less than one year and no more than five years.

Section 8 - On Theft, Robbery and Other Crimes of Stealing

1. A person who unlawfully takes what belongs to another with intent to acquire it, shall, if the appropriation involves loss, be sentenced for theft to imprisonment for a fixed term of no more than four years.
If the crime under Section 1, having regard to the value of the stolen goods and other circumstances of the crime, is regarded as petty, the perpetrator shall be sentenced for petty theft to a fine or imprisonment for a fixed term of no more than six months.

2. If the crime under Section 1 is considered to be gross, the perpetrator shall be sentenced for gross theft to imprisonment for no less than one year and no more than ten years.

2A. In assessing whether the crime is gross, special consideration shall be given to whether the unlawful appropriation took place after intrusion into a dwelling, whether it concerned the appropriation of property borne by a person, whether the accused was equipped with a weapon, explosive or similar aid, or whether the act was otherwise of an especially dangerous or ruthless nature, concerned property of considerable value or entailed a keenly felt loss.

3. A person who steals from another by means of violence or by a threat implying or appearing to the threatened person to imply an imminent danger, or who, after committing a theft and being caught in the act, resists by such violence or threat a person who attempts to recover the stolen property, shall be sentenced for robbery to imprisonment for a fixed term of no less than two years and no more than fifteen years. The same shall apply to a person who by such violence or threat forces another to commit or omit to commit some act so that gain results to the accused and loss to the person so forced or to someone he represents. Causing helplessness or a similar state of incapacitation shall be regarded as equivalent to violence.

3A. If the conduct, having regard to the violence, threat or other circumstances, is of a less serious nature the sentence shall not be for robbery but for such other crime as the conduct entails.

4. If the crime under Section 3 is regarded as gross, the perpetrator shall be sentenced for aggravated robbery to imprisonment for a fixed term of no less than ten years and no more than thirty years.

4A. In assessing whether the crime is gross, special consideration shall be given to whether the violence was dangerous to life or whether the accused caused serious bodily injury or a severe illness or otherwise exhibited considerable brutality or ruthlessly took advantage of the victim's defenceless or exposed situation.

4B. Robbery with a deadly weapon shall always be regarded as aggravated.

5. A person who unlawfully takes or uses a motor vehicle or other motor-driven conveyance belonging to another, shall, unless the crime is punishable under the previous provisions of this Chapter, be sentenced for vehicle theft to imprisonment for a fixed term of no more than four years.

5A. If the crime is regarded as petty, the perpetrator shall be sentenced for petty vehicle theft to a fine.

5B. If the crime is gross, the perpetrator shall be sentenced for gross vehicle theft to imprisonment for a fixed term of no less than one year and no more than six years.

6. A person who, in a case other than those specially provided for in this Chapter, unlawfully takes and uses or otherwise appropriates something, shall be sentenced for unlawful dispossession to a fine or imprisonment for a fixed term of no more than six months. The same shall apply to a person who, without any appropriation, by fitting or breaking a lock or by other means unlawfully disturbs another's possession or by violence or threat of violence prevents another from exercising his right to retain or take something.

6A. If the crime is gross, the perpetrator shall be sentenced for gross unlawful dispossession to imprisonment for a fixed term of no more than three years.

7. A person who unlawfully diverts electric energy, shall be sentenced for unlawful diversion of energy to a fine or imprisonment for a fixed term of no more than two years.

7A. If the crime is gross, the perpetrator shall be sentenced for gross unlawful diversion of energy to imprisonment for a fixed term of no less than one year and no more than eight years.

Section 9 - On Fraud and Other Dishonesty

1. A person who by deception induces someone to commit or omit to commit some act which involves gain for the accused and loss for the deceived or someone represented by the latter shall be sentenced for fraud to imprisonment for a fixed term of no more than four years.

1A. A sentenced for fraud shall also be imposed on a person who, by delivering incorrect or incomplete information, or by making alterations to a programme or recording or by other means, unlawfully affects the result of automatic data processing or any other similar automatic process so that gain accrues to the offender and loss is entailed by any other person.

1B. If, having regard to the extent of the loss and other circumstances of the crime mentioned in Section 1, the crime is regarded as petty, the perpetrator shall be sentenced for fraudulent conduct to a fine or imprisonment for a fixed term of no more than one year.

1C. A person who avails himself of accommodation, meals, transportation or admission to a performance or anything similar offered on condition of cash payment, and fails to meet his obligation, shall, whether anyone was deceived or not, be sentenced for fraudulent conduct. However, this shall not apply if the act concerns a value that is inconsiderable and is in other respects as defined in Section 1.

1D. If a crime as defined in Section 1 is regarded as gross, the perpetrator shall be sentenced for gross fraud to imprisonment for a fixed term of no less than two years and no more than fifteen years.

1E. In assessing whether the crime is gross, special consideration shall be given to whether the offender abused public trust or employed a false document or misleading bookkeeping, or whether the crime otherwise had been of a particularly dangerous nature, involved a substantial value or resulted in a keenly felt loss.

2. A person who by unlawful coercion induces someone to do or not do something which involves gain for the offender and loss for the coerced person or someone represented by the latter, shall, unless the crime is regarded as robbery or gross robbery, be sentenced for extortion to imprisonment for a fixed term of no more than seven years or, if the crime is petty, to a fine.

2A. If the crime is gross, the perpetrator shall be sentenced for aggravated extortion to imprisonment for a fixed term of no less than five years and no more than twentyfive years.

3. A person who in connection with a contract or other legal transaction takes advantage of someone's distress, innocence or thoughtlessness or dependent relationship to him in order to obtain a benefit which is clearly disproportionate to the consideration afforded or for which no consideration will be provided, shall be sentenced for usury to a fine or imprisonment for a fixed term of no more than two years. A person shall also be sentenced for usury who, in connection with the granting of credit in a business activity or other activity that is conducted habitually or otherwise on a large scale, procures interest or other financial benefit which is manifestly disproportionate to the counter-obligation.

3A. If the crime is gross, the perpetrator shall be sentenced for gross usury to imprisonment for a fixed term of no less than one year and no more than eight years.

4. A person who
i. takes possession of something of which another has been dispossessed by a crime, and does so in such a manner that the nature thereof renders its restitution difficult,
ii. procures an improper gain from another's proceeds of crime,
iii. improperly promotes the opportunity for another to take advantage of property emanating from the proceeds of crime, or the value of such property,
iv. assists in the removal, transfer, or sale of property which is derived from the proceeds of crime, or takes some similar measure, with the intent of concealing the origin of property, or
v. by a demand, transfer or other similar means asserts a claim arising from a crime, shall be sentenced for receiving stoeln property to imprisonment for a fixed term of no more than four years.

4A. A person who, in business activities or as a part of business activities which are conducted habitually or otherwise on a large scale, acquires or receives something which may reasonably be assumed to have been misappropriated from another person by a crime, and does so in such a manner that the nature thereof renders its restitution difficult, shall be similarly sentenced for receiving stolen property.

4B. If the crime is gross, the perpetrator shall be sentenced for gross receiving stolen property to imprisonment for a fixed term of no less than three years and no more than twelve years.

4C. If the crime is petty, the perpetrator shall be sentenced for petty receiving stolen property to a fine or imprisonment for a fixed term of no more than six months.

4D. A sentence for petty receiving stolen property shall also be imposed on a person who
i. in a case other than previously provided for, acquires or receives something in such a manner that the nature thereof renders restitution difficult which may reasonably be assumed to have been misappropriated from another person by a crime,
ii. in a case as previously provided for, did not realise, but had reasonable cause to assume that a crime was involved, or
iii. in a manner as previously provided for, participated in the crime whereby property was misappropriated from another and did not realise, but had reasonable cause to assume, that a crime had been committed.

5. A person who in a case other than those referred to earlier in this Chapter, acts dishonestly by misleading someone and inducing him to do or omit to do something, thereby harming him or someone he represents, shall be sentenced for dishonest conduct to a fine or imprisonment for a fixed term of no more than two years.

6. A person who publishes or otherwise disseminates misleading information among the public in order to influence the price of an article, a security or other property, shall be sentenced for swindling to imprisonment for a fixed term of no more than two years.

6A. If the crime is petty, the perpetrator shall be sentenced for petty swindling to a fine.

6B. A person who assists in organising a share company or other firm or who, because of his position ought to possess special knowledge about a firm, intentionally or through gross carelessness publishes or otherwise disseminates misleading information among the public or among those holding an interest in the firm of a nature to influence the assessment of the firm from a financial point of view, and thereby causes damage, shall be sentenced in accordance with Section 6.

6C. If a crime as defined in this Section is gross, the perpetrator shall be sentenced for gross swindling to imprisonment for a fixed term of no less than two years and no more than ten years.

7. A person who accepts for use as a means of exerting pressure in connection with a claim, a document that is false, drawn up for the sake of appearance or otherwise incorrect, or a cheque drawn on insufficient funds, shall be sentenced for usurious acquisition to a fine or imprisonment for a fixed term of no more than two years.

Section 10 - On Embezzlement and Other Breaches of Trust

1. A person who, through a contract or public or private service or a similar situation, has gained possession of property on behalf of another with the obligation to deliver it or account for it, and appropriates the property or otherwise disregards what he has to comply with in order to be able to fulfil his obligation, shall, if the act results in gain for him and loss to the owner, be sentenced for embezzlement to imprisonment for a fixed term of no more than four years.

1A. If, having regard to the value of the property and other circumstances, the crime defined in Section 1 is regarded as petty, the perpetrator shall be sentenced for withholdning property to a fine or imprisonment for a fixed term of no more than one year.

1B. If the crime defined in Section 1 is regarded as gross, the perpetrator shall be sentenced for gross embezzlement to imprisonment for a fixed term of no less than two years and no more than fifteen years.

1C. In assessing whether the crime is gross, special attention shall be given to whether the offender abused a responsible position or used a false document or misleading bookkeeping or whether the act was otherwise of a specially dangerous nature, involved a substantial amount or resulted in a particularly keenly felt loss.

2. A person who, in a case other than one provided for earlier in this Chapter, takes any step concerning property in his possession to which the right of ownership or legal security is reserved for, guaranteed to or otherwise belongs to another and by such step the latter is dispossessed of his property or otherwise deprived of his right, shall be sentenced for unlawful disposal to a fine or imprisonment for a fixed term of no more than two years.

3. A person who, by reason of a position of trust has been given the task of managing another's financial affairs or independently handling an assignment requiring qualified technical knowledge, or exercising supervision over the management of such affairs or assignment, abuses his position of trust and thereby injures his principal, shall be sentenced for breach of faith committed by an agent against his principal to a fine or imprisonment for a fixed term of no more than three years. The foregoing does not apply if the crime is punishable under Sections 1-2.

3A. If the crime is gross, the perpetrator shall be sentenced for gross breach of faith committed by an agent against his principal to imprisonment for a fixed term of no less than two years and no more than fifteen years. In assessing whether the crime is gross, special attention shall be given to whether the offender used a false document or misleading bookkeeping or caused his principal a substantial or particularly keenly felt loss.

3B. A person who has been given the task of managing another's legal affairs and abuses his position of trust to the detriment of his principal, shall be sentenced in accordance with Section 3 even if the affairs are not of a financial or technical nature.

4. A person who, in a case not previously provided for in this Chapter, by misusing his authority to take legal action on behalf of another harms that person, or, by misuse of his authority to call in a
promissory note or like instrument, lays claim to something that belongs to another, shall be sentenced for misuse of authority to a fine or imprisonment for a fixed term of no more than two years. The same shall apply if a person demands payment in conformity with a document that has not been issued or payment of a debt already settled or demands the delivery of goods he has already received or, when presented with a demand, adduces a receipt which has not been given.

5. A person who unlawfully uses something belonging to another and thereby causes damage or inconvenience, shall be sentenced for unlawful use to a fine or imprisonment for a fixed term of no more than six months. The same shall apply if the owner of a property uses it to the prejudice of another's right to it by unlawfully building, digging, ploughing, making a road, letting animals graze or taking some other similar action.

5A. If the crime is gross, the perpetrator shall be sentenced for gross unlawful use to imprisonment for a fixed term of no less than six months and no more than six years.

6. A person who does not comply with the law's provisions concerning the obligation to give notice of property found or belonging to another, of which possession was gained by error or by chance, shall be sentenced for failure to return lost property to a fine. If such obligation was disregarded with intent to appropriate the property or if otherwise the property was dealt with in a manner defined in Section 2, the provisions of that Section shall apply.

Section 11 - On Crimes against Creditors

1. A person who, being insolvent or in manifest danger of becoming insolvent, destroys, or by gift or other like action disposes of property of substantial value, shall be sentenced for dishonesty to creditors to imprisonment for a fixed term of no more than three years. This also applies to any person who by means of a like act or acts renders himself insolvent or brings about a manifest danger of becoming insolvent.

1A. A debtor who, in connection with the rescheduling of debts, bankruptcy or negotiation of a public accord with creditors, conceals an asset, reports a non-existent debt, or gives other erroneous information of like nature, shall also, unless the statement is corrected before it is attested on oath or otherwise made the basis of the proceeding, be sentenced for dishonesty to creditors. The same shall apply if a debtor, in connection with some other executive proceeding, invokes an erroneous document or a fictitious contract and thereby hinders the seizure, in conformity with the proceeding, of property necessary to provide a creditor with payment or security.

1B. Any debtor who, with impending bankruptcy, removes from the Realm an asset of substantial value with the intention of withholding such asset from the bankruptcy estate, or any debtor who, being bankrupt, withholds an asset from the bankruptcy administration shall likewise be sentenced for dishonesty to creditors.

1C. If a crime under Section 1 is considered to be gross, imprisonment shall be imposed for not less than six months and not more than six years for gross dishonesty to creditors. In assessing whether a crime is gross, special attention shall be given to whether the offender attested a false statement, or made use of a false document or misleading bookkeeping, or if the crime was on a considerable scale.

2. Any person who, being insolvent or in manifest danger of becoming insolvent, continues to run an enterprise, utilising thereby considerable means without corresponding benefit to the enterprise, or who lives in a wasteful or extravagant manner, or who enters into a hazardous undertaking or thoughtlessly assumes onerous commitments, or who embarks upon a similar course of action and thereby intentionally or through gross carelessness substantially worsens his economic status, shall be sentenced for careless disregard of creditors to imprisonment for a fixed term of no more than three years. The same shall apply even though the perpetrator did not realise, but had good reason to assume, that he was insolvent or in manifest danger of becoming insolvent.

2A. A debtor who in connection with the rescheduling of debts, bankruptcy or negotiation of a public accord with creditors, through gross carelessness conceals an asset, reports a non-existent debt or provides some other erroneous information of like nature, shall also, unless the statement is corrected before it is attested on oath or otherwise made the basis of the proceeding, be sentenced for careless disregard of creditors.

3. A person who, being insolvent or in manifest danger of becoming insolvent, favours a particular creditor by paying a debt which has not fallen due, making payment by means other than is customary, or furnishing security not agreed upon when the debt was incurred, or by taking some other such action, shall, if the measure entails a manifest lessening of the rights of other creditors, be sentenced for favouritism to a creditor to imprisonment for at most two years. The same shall apply to a person who, being insolvent, shows favouritism to a creditor for an improper purpose by means other than those defined here and thereby occasions a manifest danger that the rights of other creditors will thereby be substantially diminished.

3A. A debtor who, for the purpose of promoting an accord, secretly makes or promises payment or other advantage, shall also be sentenced for favouritism to creditors.

4. A person who intentionally or through carelessness neglects the obligation to maintain accounts by failing to enter business transactions into the accounts or to preserve accounting material, or by entering false information into the accounts or in some other way, shall, if in consequence the course of the business or its financial results or status cannot in the main be assessed from the accounts, be sentenced for bookkeeping crime to imprisonment for a fixed term of no more than three years, or, if the crime is petty, a fine.

4A. If the crime is gross, the perpetrator shall be sentenced for gross bookkeeping crime to imprisonment for a fixed term of no less than two years and no more than ten years.

5. A person who, whilst acting for or on behalf of a debtor, commits an act for which a debtor is criminally responsible under the provisions of this Chapter, shall be sentenced as if he himself were
a debtor.

5A. A creditor who, in a case defined in Section 3, accepts or permits himself to be promised a payment, security or other benefit shall only be sentenced for complicity if he used an improper threat or improper promise of a benefit or acted in collusion with the perpetrator.

Section 12 - On Crimes Inflicting Damage

1. A person who destroys or damages property, real or moveable, to the detriment of another's right thereto, shall be sentenced for inflicting damage to a fine or imprisonment for a fixed term of no more than six months.

1A. If, having regard to the insignificance of the damage to property and other circumstances, the crime mentioned in Section 1 is considered to be petty, the perpetrator shall be sentenced for trespass to a fine.

2. A person who in a forest or field unlawfully takes growing trees or grass or from growing trees takes twigs, branches, bark, leaves, bast, acorns, nuts or resin, or takes windfall trees, stone, gravel, sod or similar things not prepared for use, shall be sentenced for trespass if the crime is considered to be petty having regard to the value of what is taken and other circumstances.

3. If the crime defined in Section 1 is regarded as gross, the perpetrator shall be sentenced for gross infliction of damage to imprisonment for a fixed term of no more than eight years.

3A. In assessing whether the crime is gross, special attention shall be paid to whether the act gave rise to an extreme risk to anyone's life or health or the damage was to something of great cultural or financial importance or was otherwise a particularly keenly felt loss.

4. A person who unlawfully makes his way across a building lot, a plantation or other land that can be damaged thereby, he shall be sentenced for taking an unlawful path to a fine.

Section 13 - On Crimes Involving Public Danger

1. A person who starts a fire which entails danger to another's life or health or extensive destruction of another's property shall be sentenced for arson to imprisonment for a fixed term of no less than six years and no more than twentyfive years.

1A. If the crime is less serious, the perpetrator shall be sentenced for petty arson to imprisonment for a fixed term of no more than six years.

1B. If the crime defined in Section 1 is considered gross, the perpetrator shall be sentenced for aggravated arson to imprisonment for a fixed term of no less than twenty years and no more than fifty years.

1C. In assessing whether the crime is gross, special attention shall be paid to whether the fire was started in a densely populated area, where it could easily spread, or otherwise constituted a danger to a number of persons or to property of special importance.

2. A person who causes an explosion, flooding, landslide, shipwreck, an aircraft or train accident or other like calamity and thereby gives rise to a danger to another's life or health or to extensive destruction of another's property, shall be sentenced for devastation endangering the public to imprisonment for a fixed term of no less than eight years and no more than thirty years.

2A. If the crime is less serious, the perpetrator shall be sentenced for petty devastation endangering the public to imprisonment for a fixed term of no less than four years and no more than eight years.

2B. If the crime is gross, the perpetrator shall be sentenced for aggravated devastation endangering the public to imprisonment for a fixed term of no less than twentyfive years and no more than fifty years.

3. A person who destroys or damages property of considerable importance for the defence of the State, public subsistence, the administration of justice or public administration, or the maintenance of public order and security in the Realm, or by some other action, not limited to the withholding of labour or encouraging such action, seriously disturbs or obstructs the use of such property, shall be sentenced for sabotage to imprisonment for a fixed term of no less than four years and no more than twenty years. This shall also apply if a person otherwise, by inflicting damage or by other action of the kind just described, seriously disturbs or obstructs public traffic or the use of telegraph, telephone, radio or other similar public service or use of an installation for the supply of water, light, heat or power to the public.

3A. If a crime as defined in Section 3 is considered gross, the perpetrator shall be sentenced for aggravated sabotage to imprisonment for a fixed term of no less than twelve years and no more than fifty years, or death.

3B. In assessing whether the crime is gross, special attention shall be paid to whether it caused danger to the security of the State, to the lives of a number of persons, or to property of special importance.

4. A person who, by means of unlawful coercion, seizes or interferes with the operation of an aircraft or a vessel used in civil commercial maritime traffic for the transport of goods or passengers, towing, salvaging, fish or other catch, shall be sentenced for hijacking to imprisonment for a fixed term of no less than three years and no more than twelve years. The same shall apply to a person who by unlawful coercion seizes a platform in the sea which is intended for activities in connection with the exploration or exploitation of natural resources or for some other financial purpose.

4A. A person who in other cases:
i. destroys or seriously damages such a vessel or such a platform as is mentioned in the first paragraph or an aircraft in traffic, or
ii. undertakes an action of a nature to present a danger to the safety of such vessel or such platform as is mentioned in the first paragraph or to the safety of such an aircraft during flight, shall be sentenced for maritime or air traffic sabotage to imprisonment for a fixed term of no less than three years and no more than twelve years.

4B. If the crime described in Sections 4 or 4A is considered to be gross, the perpetrator shall be sentenced for aggravated hijacking or aggravated maritime or air traffic sabotage to imprisonment for a fixed term of no less than ten years and no more than fifty years, or death.

4C. In assessing whether the crime is gross, special attention shall be given to whether danger was thereby caused to a number of persons or whether the act was otherwise of a particularly dangerous nature.

5. A person who:
i. uses serious violence or threatens such violence against a person who is at an airport open to international traffic,
ii. destroys or seriously damages an installation belonging to such an airport or which is used for its traffic, or an aircraft which is not in traffic but is parked at the airport, or
iii. by the use of violence or threat of violence thwarts the operations conducted at such an airport,
shall be sentenced, if the act is of a nature to endanger the operations at or safety of the airport, for airport sabotage, to imprisonment for a fixed term of no less than three years and no more than twelve years.

5A. If the crime is considered to be gross, the perpetrator shall be sentenced for aggravated airport sabotage to imprisonment for a fixed term of no less than ten years and no more than fifty years, or death.

5B. In assessing whether the crime is gross, special attention shall be paid to whether it presented danger to the lives of a number of persons or if the act was otherwise of a particularly dangerous nature.

6. A person who carelessly, by the careless handling of fire or explosives or in some other way causes
i. a fire or some calamity mentioned in Sections 1 or 2 or a danger of its occurring, or
ii. causes the damage or obstruction described in Section 3,
shall be sentenced for carelessness endangering the public to a fine or imprisonment for a fixed term of no more than three years.

6A. If the crime is gross, the perpetrator shall be sentenced for gross carelessness endangering the public to imprisonment for a fixed term of no more than eight years.

7. A person who creates a general danger to human life or health by poisoning or infecting food, water, or the like, or in other ways by spreading poison or the like, or by transmitting or spreading serious disease, shall be sentenced for spreading poison or a contagious substance to imprisonment for a fixed term of no less than five years and no more than thirty years.

7A. If the crime is gross, the perpetrator shall be sentenced for aggravated spreading poison or a contagious substance to imprisonment for a fixed term of no less than twenty years and no more than fifty years, or death.

7B. In assessing whether the crime is gross, special attention shall be paid to whether it was committed with intent to harm another's life or health or exposed a number of persons to danger.

8. A person who creates a general danger to animals or plants by means of poison or by transmitting or spreading malignant disease or by spreading noxious animals or weeds or by other like means, shall be sentenced for causing destruction to a fine or imprisonment for a fixed term of no more than two years.

8A. If the crime is gross, the perpetrator shall be sentenced for gross causing destruction to imprisonment for a fixed term of no less than six months and no more than eight years.

8B. In assessing whether the crime is gross, special attention shall be paid to whether it was committed with intent to cause damage or whether property of substantial value was exposed to danger.

9. A person who through carelessness commits an act defined in Section 7 or 8, shall be sentenced for careless handling of poison or contagious substance to a fine or imprisonment for a fixed term of no more than two years.

10. A person who, without being criminally responsible under the preceding provisions of this Chapter, while handling fire, explosives or poison or in some other way creates a danger of fire or calamity as described in Sections 1 or 2 or general danger as described in Sections 7 or 8, and neglects, after becoming aware of the danger, to do what can be reasonably expected to avert it, he shall be sentenced for neglect to avert public danger to a fine or imprisonment for a fixed term of no more than two years.

Section 14 - On Crimes of Falsification

1. A person who, by writing the name of another person, real or fictitious, or by deceit obtains another's signature or in other ways produces a false document or deceitfully alters or adds to a genuine document, shall, if the act jeopardises proof, be sentenced for falsification of a document to imprisonment for a fixed term of no more than five years.

1A. A document is to be considered as including a protocol, contract, promissory note, certificate or other record established as evidence or otherwise important as evidence and also an identification card, ticket or similar evidential token.

1B. If the crime defined in Section 1 is regarded as petty, the perpetrator shall be sentenced for falsifying a document to a fine or imprisonment for a fixed term of no more than one year.

1C. In assessing whether a crime is petty, special attention shall be paid to whether the document was of little importance, such as a cash register receipt, counter token or like proof of receipt, or the act was committed to aid a person to gain his right.

1D. If the crime defined in Section 1 is considered gross, the perpetrator shall be sentenced for gross falsification of a document to imprisonment for a fixed term of no less than one year and no more than twelve years. In assessing whether the crime is gross, special attention shall be paid to whether the falsification involved a public authority's important archival document or a document of special importance in general commerce such as a bond, a share certificate or a mortgage or whether the act was in other ways of an especially harmful nature.

2. A person who destroys, renders unserviceable or removes a document which he has no right at the time to dispose of in such manner, shall, if the act jeopardises proof and is not to be regarded as a bookkeeping crime, be sentenced for suppression of a document to imprisonment for a fixed term of no more than three years or, if the crime is petty, to a fine or imprisonment for a fixed term of no more than six months.

2A. If the crime is gross, the perpetrator shall be sentenced for gross suppression of a document to imprisonment for a fixed term of no more than six months and no more than six years.

3. A person who without permission affixes to or otherwise forges another person's name or signature on a work of art or applied art or on some similar such product and thereby makes it appear that the latter has confirmed himself to be the originator of the product, shall be sentenced for forgery of signature to imprisonment for a fixed term of no more than three years or, if the crime is petty, to a fine or imprisonment for a fixed term of no more than six months.

3A. If the crime is gross, the perpetrator shall be sentenced for gross forgery of signature to imprisonment for a fixed term of no less than six months and no more than six years.

4. A person who counterfeits a banknote or coin valid within or outside the State or otherwise forges a banknote or coin, shall be sentenced for counterfeiting currency to imprisonment for a fixed term of no less than two years and no more than ten years or, if the crime is petty, to a fine or imprisonment for a fixed term of no more than two years.

4A. If the crime is gross, the perpetrator shall be sentenced for gross counterfeiting currency to imprisonment for a fixed term of no less than eight years and no more than twenty years.

5. A person who counterfeits a valid postage stamp, cover stamp or other domestic or foreign stamp indicating value, whether official or meant for general use, or an official domestic or foreign control
stamp on a measure, weight, merchandise, document or other thing, or affixes such false stamp or falsely affixes a genuine stamp, or otherwise forges such a stamp or the object stamped, shall, if the act jeopardises proof, be sentenced for stamp forgery to imprisonment for a fixed term of no more than five years or, if the crime is petty, to a fine or imprisonment for a fixed term of no more than six months.

5A. If the crime is gross, the perpetrator shall be sentenced for gross stamp forgery to imprisonment for a fixed term of no less than two years and no more than eight years.

6. A person who falsely affixes a mark or other object which can be taken to be a valid boundary mark, water mark, fixed point or other mark for the measure of surface or height, or moves, takes away, damages or destroys such a mark, shall, if the act jeopardises proof, be sentenced for falsification of fixed mark to imprisonment for a fixed term of no more than eight years or, if the crime is petty, to a fine or imprisonment for a fixed term of no more than one year.

7. A person who invokes a false document, offers or holds for sale a work with a false signature, passes a counterfeit banknote or coin, uses a false mark indicating value or a false control stamp, invokes a false fixed mark or otherwise makes use of anything that has been falsified in a manner described above, shall, if the act jeopardises proof, be sentenced for the use of that which was falsified as if he himself had made the falsification.

8. A person who, in a case other than as described in Section 9, distributes generally something that can easily be mistaken for a valid banknote, coin or other official token of value, shall be sentenced for illegal distribution of imitations to a fine.

Section 15 - On Perjury, False Prosecution and Other Untrue Statements

1. A person who, under legal oath, gives untrue information or withholds the truth, shall be sentenced for perjury to imprisonment for a fixed term of no more than ten years or, if the crime is petty, to a fine or imprisonment for a fixed term of no more than one year.

1A. If the crime is gross, the perpetrator shall be sentenced for gross perjury to imprisonment for a fixed term of no less than ten years and no more than thirty years. In assessing whether the crime is gross, special attention shall be paid to whether it was done with the intent that an innocent person be convicted of a serious crime or that very considerable harm was done to someone.

1B. If the perjury lead to a person being wrongfully executed, the perjurer shall be sentenced for capital perjury to death.

2. A person who, during a hearing in court proceedings, after declaring that he will tell the truth gives untrue information or withholds the truth, shall be sentenced for untrue statement by a party to imprisonment for a fixed term of no more than five years or, if the crime is petty, to a fine or imprisonment for a fixed term of no more than one year.

3. A person who commits an act, as described in Section 1 or 2, through gross carelessness, shall be sentenced for careless statement to a fine or imprisonment for a fixed term of no more than six months.

4. No punishment shall be imposed if a statement described in Sections 1-3 is proved to be without significance for the issue. The foregoing shall also apply if a person has given untrue information or has withheld the truth with regard to something about which he would have had the right to refuse to express himself and the circumstances furnish him with a reasonable excuse.

5. A person who institutes the prosecution of an innocent person with the intent that the latter be convicted, shall be sentenced for false prosecution to imprisonment for a fixed term of no more than four years or, if the crime was petty, to a fine or imprisonment for a fixed term of no more than six months.

5A. If the crime is gross, the perpetrator shall be sentenced for gross false prosecution to imprisonment for a fixed term of no less than one year and no more than eight years. In assessing whether the crime is gross, special attention shall be paid to whether the prosecution related to a serious crime or involved misuse of an official position.

5B. A person who institutes prosecution without probable cause for so doing shall be sentenced for unjustified prosecution to a fine or imprisonment for a fixed term of no more than six months.

5C. A person who knowingly institutes a false prosecution against an innocent person and secures a death sentence, and if that death sentence is carried out, the perpetrator shall be sentenced for capital false prosecution to death.

6. A person who denounces an innocent person for prosecution with the intent that such person be convicted, shall be sentenced for false accusation to imprisonment for a fixed term of no more than four years or, if the crime is petty, to a fine or imprisonment for a fixed term of no more than six months.

6A. If the accused did not realise, but had reasonable grounds for assuming, that the person denounced was innocent, the perpetrator shall be sentenced for unjustified accusation to a fine or imprisonment for a fixed term of no more than six months.

7. A person who, in a case other than as provided for in Section 6, untruthfully charges another before a public prosecutor, police authority or other authority, with a criminal act, alleges some compromising circumstance, or denies an exonerating or extenuating circumstance, shall, if the authority is bound to receive reports of this kind, be sentenced for false incrimination to imprisonment for a fixed term of no more than two years or, if the crime is petty, to a fine or imprisonment for a fixed term of no more than six months.

7A. If the accused did not realise but had reasonable grounds for assuming that the information was untrue, he shall be sentenced for careless incrimination to a fine or imprisonment for a fixed term of no more than six months.

8. A person who tampers with or removes evidence with the intent that an innocent person be convicted, or with such intent invokes false evidence, shall be sentenced for tampering with evidence to imprisonment for a fixed term of no more than four years or, if the crime is petty, to a fine or imprisonment for a fixed term of no more than six months.

8A. If the crime is gross, the perpetrator shall be sentenced for gross tampering with evidence to imprisonment for a fixed term of no less than one year and no more than eight years.

8B. If the crime carries a potential death sentence, the perpetrator shall be sentenced for capital tampering with evidence to imprisonment for a fixed term of no less than one year and no more than fifteen years.

9. A person who not being liable to punishment under previous provisions in this Chapter has by any act there described given rise to a danger that someone, without legal cause, be sentenced or otherwise suffer considerable harm, and if once having realised this, neglects to do what can be reasonably required to avert the harm, shall be sentenced for neglect to avert judicial error to a fine or imprisonment for a fixed term of no more than six months.

10. A person who in a written deposition which according to law or statute is made under oath or on one's faith and honour or like affirmation, gives untrue information or withholds the truth, shall, if the act jeopardises proof, be sentenced for untrue affirmation to a fine or imprisonment for a fixed term of no more than six months or, if the crime is gross, imprisonment for a fixed term of no more than two years.

10A. If such action is due to gross carelessness, the perpetrator shall be sentenced for careless affirmation to a fine or imprisonment for a fixed term of no more than six months.

11. A person who gives untrue information about his identity or about other than his own affairs in a certificate or other document, or for the sake of appearances prepares a document concerning a legal document shall, if the act jeopardises proof, be sentenced for false certification to a fine or imprisonment for a fixed term of no more than one year.

11A. If the crime is considered gross because it involves misuse of official position or for other reasons, the perpetrator shall be sentenced for gross false certification to imprisonment for a fixed term of no less than one year and no more than five years.

11B. A person who invokes or otherwise uses a false document referred to in the first paragraph, shall, if the act jeopardises proof, be sentenced, as there provided, for using a false document.

12. A person who misuses a passport, certificate or similar document issued in the name of a given individual, by representing himself or another as being that individual or imparts the document to be thus misused, or if he imparts a false document, which has come into being as a carbon copy or photographic reproduction or otherwise, as being a correct copy of a certain document, shall, if the act jeopardises proof, be sentenced for misuse of document to a fine or imprisonment for a fixed term of no more than one year.

12A. If the crime is gross, the perpetrator shall be sentenced for gross misuse of document to imprisonment for a fixed term of no more than five years.

13. A person who denies his signature on a document, shall, if the act jeopardises proof, be sentenced for denial of signature to a fine or imprisonment for a fixed term of no more than six months.

13A. If the crime is gross, the perpetrator shall be sentenced for gross denial of signature to imprisonment for a fixed term of no more than four years.

Section 16 - On Crimes against Public Order

1. If a crowd of people disturbs public order by demonstrating an intention to use group violence in opposition to a public authority or otherwise to compel or obstruct a certain measure and does not disperse when ordered to do so by the authority, the instigators and leaders shall be sentenced for riot to imprisonment for a fixed term of no less than five years and more than twenty years, and other participants in the crowd's proceedings to a fine or imprisonment for a fixed term of no more than five years.

1A. If the crowd disperses on order of the authority, the instigators and leaders shall be sentenced for riot to a fine or imprisonment for a fixed term of no more than five years.

2. If a crowd, with intent referred to in Section 1, has proceeded to use group violence on a person or property, whether a public authority was present or not, the instigators and leaders shall be sentenced for violent riot to imprisonment for a fixed term of no less than twenty years and no more than fifty years, whilst participants in the crowd's proceedings shall be sentenced to a fine or imprisonment for no less than five years and no more than twenty years.

3. A member of a crowd that disturbs the public order who neglects to obey a command aimed at maintaining order, or intrudes into an area that, for such purpose, is enclosed or has been fenced off, shall, if no riot occurs, be sentenced for disobeying police orders to a fine or imprisonment for a fixed term of no more than three years.

4. A person who by act of violence, loud noise or other like means disturbs or tries to interfere with a public religious service, other public devotional exercise, wedding, funeral or like ceremony, a court session or other state or municipal official function, or a public gathering for deliberation, instruction or to hear a lecture, shall be sentenced for disturbing a function or public meeting to a fine or imprisonment for a fixed term of no more than six months.

5. A person who orally, before a crowd or congregation of people, or in a publication distributed or issued for distribution, or in other message to the public, urges or otherwise attempts to entice people to commit a criminal act, evade a civic duty or disobey public authority, shall be sentenced for inciting rebellion to imprisonment for a fixed term of no less than two years and no more than twelve years.

5A. A sentence for inciting rebellion shall also be imposed upon any person who orally before a gathering of members of the armed forces or by other communication with members of the armed forces urges or otherwise attempts to entice them to an act or omission in dereliction of their service duty. The perpetrator shall be sentenced for inciting rebellion in the armed forces to imprisonment for a fixed term of no less than five years and no more than fifteen years.

5B. If the crime in Section 5, in view of the fact that the offender attempted to instigate the commission of a serious crime or in view of other circumstances, must be regarded as gross, the perpetrator shall be sentenced for aggravated inciting rebellion to imprisonment for a fixed term of no less than five years and no more than fifteen years. If the crime in Section 5A is considered gross at the same grounds, the perpetrator shall be sentenced for aggravated inciting rebellion in the armed forces to imprisonment for a fixed term of no less than ten years and no more than twentyfive years.

6. If a gathering of members of the armed forces collectively threaten to overthrow or resist a lawful authority of those forces, they shall be sentenced for mutiny to imprisonment for a fixed term of no less than two years and no more than twelve years. Instigators and leaders of the mutiny, however, shall be sentenced to imprisonment for a fixed term of no less than five years and no more than fifteen years.

6A. If the participants in a mutiny have used collective force or violence against a person or property, they shall be sentenced to imprisonment for a fixed term of no less than five years and no more than fifteen years. The instigators and leaders, however, shall be sentenced to imprisonment for a fixed term of no less than thirty years and no more than fifty years, or death.

6B. If the crime is otherwise considered to be gross, the accused shall be sentenced to imprisonment for a fixed term of no less than thirty years and no more than fifty years, or death. In assessing whether the crime is gross, special consideration shall be given to whether the act or actions were committed during battle or at a time when a breach of military discipline would otherwise result in special danger. The instigators and leaders, however, shall be sentenced to death.

7. A person who, in a disseminated statement or communication, threatens or expresses contempt for a national, ethnic or other such group of persons with allusion to race, colour, national or ethnic origin, religious belief or language shall be sentenced for agitation against a national or ethnic group to imprisonment for a fixed term of no more than four years or, if the crime is petty, to a fine or imprisonment for a fixed term of no more than six months.

8. A businessman who in the conduct of his business discriminates against a person on grounds of that person's race, colour, national or ethnic origin, religious belief or language by not dealing with that person under the terms and conditions normally applied by the businessman in the course of his business with other persons, shall be sentenced for unlawful discrimination to a fine or imprisonment for a fixed term of no more than two years.

8A. The provisions of the foregoing paragraph relating to discrimination by a businessman shall also apply to a person employed in a business or otherwise acting on behalf of a businessman and to a person employed in public service or having a public duty.

8B. A sentence for unlawful discrimination shall also be imposed on any organiser of a public assembly or gathering, and on any collaborator of such organiser, who discriminates against a person on grounds of his race, colour, national or ethnic origin or religious belief by refusing him access to the public assembly or gathering under the terms and conditions normally applied to other persons.

9. A person who, without authorisation, moves, injures or outrageously treats the corpse or ashes of the dead, opens a grave or otherwise inflicts damage on or abuses a coffin, urn, grave or other resting place of the dead or a tombstone, shall be sentenced for crime against the peace of the tomb to a fine or imprisonment for a fixed term of no more than one year.

10. A person who
i. portrays a child in a pornographic picture;
ii. disseminates, transfers, grants use, exhibits or in any other way makes such a picture of a child available to some other person;
iii. acquires or offers such a picture of a child;
iv. brings about contact between a buyer and a seller of such pictures of children or takes any other similar step to facilitate dealing in such pictures; or
v. possess such a picture of a child,
shall be sentenced for child pornography crime to imprisonment for a fixed term of no more than six years or, if the crime is petty, to a fine or imprisonment for a fixed term of no more than one year.

10A. By child is meant a person whose pubertal development is not complete or, if it is apparent from the picture and its attendant circumstances, who is less than 18 years of age.

10B. A person who in the course of business or otherwise for the purpose of making money disseminates a picture of the kind described in Section 10 through negligence shall be sentenced as there stated.

10C. If the crime described in Section 10 is considered to be gross, the perpetrator shall be sentenced for gross child pornography crime to imprisonment for a fixed term of no less than four years and no more than twenty years. In assessing whether the crime is gross special consideration shall be given to whether it was committed in the course of business or otherwise for profit, was a part of criminal activity that was systematically practised or practised on a larger scale, or concerned a particularly large number of pictures or pictures in which children are exposed to especially ruthless treatment.

10D. The prohibitions against depiction and possession do not apply to a person who draws, paints or in some other similar hand-crafted fashion produces a picture of the kind described in Section 10. Even in other cases the act shall not constitute a crime if, having regard to the circumstances, it is justifiable.

11. Any person who in a picture depicts sexual violence or coercion with intent to disseminate the picture or pictures or disseminates such depiction, shall, unless the act in view of the circumstances is justifiable, be sentenced for unlawful depiction of violence to a fine or imprisonment for a fixed term of no more than four years. This also applies to any person who in moving pictures intrusively or extensively depicts extreme violence towards humans or animals with intent to disseminate such pictures, or disseminates such a depiction.

11A. A person who through negligence disseminates a depiction mentioned in the first paragraph in the course of business or otherwise for the purpose of making money, shall be punished in accordance with the provisions of Section 11.

12. Any person who, intentionally or through gross negligence in the course of business or otherwise for the purpose of making money purveys to a person under the age of fifteen a film, video recording or other technical recording with moving pictures explicitly and realistically depicting violence or the threat of violence towards humans or animals shall be convicted of illicit purveyance of a technical recording and sentenced to a fine or imprisonment for a fixed term of no more than two years.

13. A person who, on or at a public place, exhibits pornographic pictures by means of displays or other similar procedure in a manner which is apt to result in public annoyance, shall be sentenced for unlawful exhibition of pornographic pictures to a fine or imprisonment for a fixed term of no more than two years. This also applies to a person who sends through the mail to or otherwise furnishes another with unsolicited pornographic pictures.

14. A person who distributes among children or young persons a writing, picture or technical recording which owing to its content may brutalise or otherwise involve serious danger to the moral nurture of the young, shall be sentenced for leading youth astray to a fine or imprisonment for a fixed term of no more than four years.

15. A person who, with intent or through gross carelessness, by maltreating, overworking, neglecting or in some other way unjustifiably exposes an animal to suffering, shall be sentenced for cruelty to animals to a fine or imprisonment for a fixed term of no more than one year.

16. If a person unlawfully organises for the public a game or other similar activity the outcome of which is entirely or essentially dependent on chance and, if in view of the nature of the activity, the financial value of the stakes and other circumstances it appears hazardous or of a nature to bring a considerable financial gain for the organiser, he shall be sentenced for illicit gambling to a fine or imprisonment for a fixed term of no more than two years. The same applies to a person who permits such activity in an apartment or other premises which he has opened to the public.

16A. If the crime referred to in Section 16 is regarded as gross, the perpetrator shall be sentenced for gross illicit gambling to imprisonment for a fixed term of no less than six months and no more than six years. In assessing whether the crime is gross, special attention shall be paid to whether the activity was conducted professionally, comprised considerable amounts or otherwise had been of a specially hazardous nature.

17. A person who, by furnishing a false statement that danger exists for the life or health of one or more people or for extensive destruction of property, occasions unnecessary safety measures, shall be sentenced for false alarm to a fine or imprisonment for a fixed term of no more than one year.

17A. If the crime referred to in Section 17 is regarded as gross, the perpetrator shall be sentenced for gross false alarm to imprisonment for a fixed term of no less than six months and no more than three years.

18. A person who, by improper use of an alarm, emergency signal or other similar device, causes an unnecessary turn out of the police, Gendarmerie, rescue service, fire brigade, ambulance service, the military, searescue service or other public security service shall be sentenced for improper use of an alarm to a fine or imprisonment for a fixed term of no more than six months.

19. A person who is noisy in a public place or who otherwise publicly behaves in a manner apt to arouse public indignation, shall be sentenced for disorderly conduct to pay a fixed fine.
Malliki Nur Pinito

Malliki Nur Pinito
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Posts: 909
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Re: Criminal Code (1624:1)

Post by Malliki Nur Pinito »

Section 17 - On Crimes against Public Activity

1. A person who, by violence or threat of violence, attacks anyone in his exercise of public authority or compels him to perform or to prevent him from performing an official act or for the purpose of taking revenge for such act, shall be sentenced for violence or threat to public servant to imprisonment for a fixed term of no less than two years and no more than sixteen years or, if the crime is petty, to a fine or imprisonment for a fixed term of no more than two years. This also applies if a person assaults someone who has previously exercised public authority for something the latter did or failed to do while in office.

1A. If the crime is gross, the perpetrator shall be sentenced for aggravated violence or threat to public servant to imprisonment for a fixed term of no less than twelve years and no more than thirty years.

2. A person who, otherwise than as stated in Section 1, in order to compel or prevent someone in his exercise of public authority or in order to take revenge for an official action, wrongfully engages in an act which causes such person suffering, injury or inconvenience, or threatens to have such consequence, shall be sentenced for outrageous conduct toward a public servant to a fine or imprisonment for a fixed term of no more than one year.

2A. If the crime is gross, the perpetrator shall be sentenced for gross outrageous conduct toward a public servant to imprisonment for a fixed term of no more than six years.

3. Even in cases not previously provided for in this Chapter, a person who resists or otherwise seeks to prevent anyone in his exercise of public authority shall be sentenced for violent resistance to a fine or imprisonment for a fixed term of no more than one year.

4. The provisions of Sections 1, 2 and 3 shall also apply if a person, as stated in those Sections, commits an outrage against or hinders anyone who, by special order, shall enjoy the same protection as is associated with the exercise of public authority or who is or has been summoned to assist a public servant with a measure for which such protection is provided.

5. A person who gives, promises or offers a bribe or other improper reward to an employee or other person defined in Chapter 20, Section 2, for the exercise of official duties, shall be sentenced for bribery to a fine or imprisonment for a fixed term of no more than six years.

5A. If the crime is gross, the perpetrator shall be sentenced for gross bribery to imprisonment for a fixed term of no less than four years and no more than twenty years.

6. A person who, in an election to public office or in connection with some other exercise of suffrage in public matters, attempts to prevent voting or to tamper with its outcome or otherwise improperly influence the vote, shall be sentenced for improper activity at election to a fine or imprisonment for a fixed term of no more than one year.

6A. If the crime is gross, the perpetrator shall be sentenced to imprisonment for a fixed term of no less than one year and no more than ten years. In assessing whether the crime is gross, special attention shall be paid to whether it had been committed by use of violence or the threat of violence or had involved misuse of an official position.

6B. A person who receives, accepts a promise of or demands an improper favour for voting in a certain manner or for abstaining from voting on a public matter, shall be sentenced, unless it is a crime of taking a bribe, for accepting an improper reward for voting to a fine or imprisonment for a fixed term of no more than one year.

7. A person who without authorisation seeks to secure information about matters which, with respect to the exercise of suffrage on public questions shall be kept secret, shall be sentenced for violating the privacy of suffrage to a fine or imprisonment for a fixed term of no more than six months.

8. A person who, by violence or threat of violence, assaults someone because he has, in court or before another authority, filed a complaint, pleaded a cause, testified, or else made a statement at a hearing, or to prevent him from so doing, shall be sentenced for obstruction of justice to a fine or imprisonment for a fixed term of no more than seven years. The same shall apply to a person who by some other act causes suffering, injury or inconvenience, or by threat of such act, assaults someone because the latter testified or made some other statement at an official hearing, or does so to prevent the making of such a statement.

8A. If the crime is gross, the perpetrator shall be sentenced for gross obstruction of justice to imprisonment for a fixed term of no less than four years and no more than sixteen years.

9. A person who hides someone who has committed a crime, helps him to escape, destroys evidence concerning the crime, or in other like ways thwarts its discovery or prosecution, shall be sentenced for protecting a criminal to a fine or imprisonment for a fixed term of no more than three years.

9A. If the crime is gross, the perpetrator shall be sentenced for gross protecting a criminal to imprisonment for a fixed term of no less than one year and no more than ten years.

9B. A person who did not realise but had reasonable grounds to assume that the other was a criminal, shall be sentenced to pay a fine.

10. A person who assists someone who is an inmate of a prison, or who is remanded in custody or arrested, or otherwise lawfully deprived of his liberty, to gain his freedom or, after such escape, aids him by hiding him or by other like action, shall be sentenced for aiding escape to a fine or imprisonment for a fixed term of no more than three years.

10A. If the crime is gross, the perpetrator shall be sentenced for gross aiding escape to imprisonment for a fixed term of no less than one year and no more than ten years.

10B. If the inmate assisted in Section 10A is sentenced to at least twelve years of imprisonment, the crime shall be regarded as gross.

10C. If the inmate in Section 10 or 10A is sentenced to death, the perpetrator shall be sentenced for capital aiding escape to imprisonment for a fixed term of no less than eight years and no more than twenty years.

11. A person who unlawfully moves, damages or otherwise disposes of property that is subject to distraint, provisional attachment, security of payment, confiscation or other similar measure, damages or removes an official notice or seal or otherwise unlawfully opens something officially closed or breaches some similar officially proclaimed order, shall be sentenced for violation of official order to a fine or imprisonment for a fixed term of no more than two years.

11A. A person who refuses admittance which a functionary has the right to demand, shall be sentenced for obstructing a functionary to a fine.

12. An unauthorised person who claims to be exercising public authority, shall be sentenced for pretence of public office to a fine or imprisonment for a fixed term of no more than five years. This also applies to a person who without authority wears a uniform, symbol or other service token which makes him appear to belong to the armed services or some other branch of public service or to a service dealing with public communications or the public supply of water, light, heat or power.

12A. If the crime has caused considerable harm to the public or to any individual or is otherwise to be regarded as gross, the perpetrator shall be sentenced for gross pretence of public office to imprisonment for no less than three years and no more than twelve years. An unauthorised person who claims to be an advocate, shall be sentenced for pretending to be an advocate to a fine.

Section 18 - On Crimes Against Government

1. A person who, with intent that the form of government be overthrown by force of arms or other violent means or that a measure or decision of the President, the Cabinet, Parliament or the supreme judicial bodies be thus forced or obstructed, takes action which involves a danger of the realisation of such intent, shall, if it is not high treason, be sentenced for sedition to imprisonment for a fixed term of no less than twenty years and no more than fifty years, or death or, if the danger was slight, to at imprisonment for a fixed term of no less than eight years and no more than twenty years.

2. A person who, with the intent that the crime be committed against public security or the liberty of citizens, gathers or leads an armed force or keeps it assembled or furnishes a force with arms, ammunition or other like equipment or trains it in the use of arms, shall be sentenced for armed threat against the legal order to imprisonment for a fixed term of no less than twenty years and no more than fifty years.

3. A person who founds or participates in an association which must be considered to constitute or, in view of its character and the purpose for which it has been organised, is easily capable of developing into, an instrument of force such as a military troop or a police force, and which does not with due authority reinforce the national defence or the police, or who on behalf of such association deals in arms, ammunition or other like equipment, makes available a building or land for its activity or supports it with money or in other ways, shall be sentenced for unlawful military activity to a fine or imprisonment for a fixed term of no more than five years.

3A. If the crime is gross, the perpetrator shall be sentenced for gross unlawful military activity to imprisonment for a fixed term of no less than three years and no more than fifteen years.

4. A person who exerts illegal coercion or illegal threat with the intent of influencing the shaping of public opinion or of encroaching on freedom of action within a political organisation or a trade or industrial association and thereby endangers freedom of speech, assembly or association, shall be sentenced for crime against civil liberty to imprisonment for a fixed term of no less than four years and no more than twenty years.

5. A person who, by mutilation or otherwise, for a short or long period incapacitates himself for military service which it was his duty to perform in the armed forces or otherwise for the defence of the State, or by feigning illness or by means of other deception evades such service, shall be sentenced for evading defence duty to a fine or imprisonment for a fixed term of no more than six years or, if the State was at war, to a fine or imprisonment for a fixed term of no less than one year and no more than ten years.

Section 19 - On Crimes against the Security of the State

1. A person who with the intent that the State or a part thereof, by violent or otherwise illegal means or with foreign aid, be placed under foreign domination or made dependent on a foreign power, or that a part of the State be thus torn loose, takes action which involves danger that such intent be realised, shall be sentenced for high treason to imprisonment a fixed term of no less than thirty years and no more than fifty years, or death.

1A. If the danger was slight, the perpetrator shall be sentenced for high treason to imprisonment for no less than twelve years and no more than thirty years.

1B. If the perpetrator in Section 1 is a State official, he shall be sentenced for high treason to death.

1C. A person who, with the intent that a measure or decision of the Head of State, the Government, Parliament or the supreme judicial bodies be coerced or obstructed with foreign aid, engages in an act involving a danger of this occurring, shall also be sentenced for high treason.

2. A person who by violent means or foreign aid causes a danger of the State being involved in war or other hostilities, shall, unless it is high treason, be sentenced for instigating war to imprisonment for a fixed term of no less than ten years and no more than twentyfive years.

3. A person who has been commissioned to negotiate with a foreign power on behalf of the State or otherwise to protect the concerns of the State in dealings with someone who represents the interests of a foreign power and misuses his authority to represent the State or otherwise his position of trust and thereby causes the State considerable harm, shall be sentenced for disloyalty in negotiation with a foreign power to imprisonment for a fixed term of no less than six years and no more than forty years.

4. A Talenorian citizen who, without permission from the Cabinet or a person designated by the Cabinet, allows himself to be used as an agent of a foreign power in a diplomatic matter which concerns the State, and also anyone who in the alleged capacity of an authorised agent enters into negotiation about such a matter with someone who represents the interests of a foreign power, shall be sentenced for arbitrary conduct in negotiation with a foreign power to imprisonment for a fixed term of no more than ten years, or if the State was at war, no less than four years and no more than twenty years.

4A. If the crime jeopardised the State's right of self-determination or its peaceful relations with a foreign power, the perpetrator shall be sentenced for gross arbitrary conduct in negotiation with a foreign power to imprisonment for a fixed term of no less than three years and no more than fifteen years or, if the State was at war, for a fixed term of no less than fifteen years and no more than forty years.

5. A person who, in order to aid a foreign power, without authorisation obtains, transmits, gives or otherwise reveals information concerning a defence facility, arms, supplies, imports, exports, means of production, negotiations, decisions or other conditions, the disclosure of which to a foreign power can cause harm to the total defence of the State, or otherwise to the security of the State, shall be sentenced, whether the information is correct or not, for espionage to imprisonment for a fixed term of no less than four years and no more than twenty years. This also applies if person with the intent here described, produces or takes possession of a writing, drawing or other object containing such information without authority.

5A. If a crime referred to in Section 5 is regarded as gross, the perpetrator shall be sentenced for gross espionage to imprisonment for a fixed term of no less than twenty years and no more than fifty years, or death.

5B. In assessing whether the crime is gross, special attention shall be paid to whether the act was of an especially dangerous nature in view of an ongoing war or concerned matters of great importance or whether the perpetrator disclosed something entrusted to him by reason of his position in public or private service.

6. A person who, without intent to aid a foreign power, without authority obtains, transmits, gives or reveals information concerning matters of a secret nature, the disclosure of which to a foreign power can cause harm to the defence of the Realm or to the maintenance of necessary supplies to the people during war or during extraordinary conditions caused by war, or otherwise to the security of the State, shall be sentenced, whether the information is correct or not, to unauthorised dealing with secret information to a fine or imprisonment for a fixed term of no more than six years.

6A. If a crime under the provisions of Section 6 is regarded as gross, the perpetrator shall be sentenced for gross unauthorised dealing with secret information to imprisonment for a fixed term of no less than one year and no more than sixteen years. In assessing whether the crime is gross special attention shall be paid to whether the act involved assistance of a foreign power or was of an especially dangerous nature having regard to an ongoing war, or related to a matter of great significance, or whether the accused disclosed what had been confided to him by reason of public or private service.

7. A person who through gross carelessness transmits, gives or reveals information described in Section 6 shall be sentenced to a fine or imprisonment for a fixed term of no more than two years or, if the State was at war, to a fine or imprisonment for a fixed term of no less than one year and no more than eight years.

8. A person who, with the intent of aiding a foreign power, conducts activities designed to acquire information relating to military or other matters, the revelation of which to that foreign power could cause harm to the security of another foreign power, or lends assistance not solely of an incidental nature to such activities in the State, shall be sentenced for unlawful intelligence activities to a fine or imprisonment for a fixed term of no more than three years.

8A. A person who, with the intent of aiding a foreign power, secretly or by fraudulent means conducts in the Realm activities designed to acquire information concerning the personal circumstances of another individual or lends assistance not solely of an incidental nature to such activities, shall likewise be sentenced for unlawful intelligence activities.

8B. If a crime under this Section is gross, the perpetrator shall be sentenced for gross unlawful intelligence activities to imprisonment for a fixed term of no less than two years and no more than twelve years.

9. A person who within this State and without the authority of the Cabinet recruits people for foreign military service or comparable service, or induces people to leave the country unlawfully in order to enter such service, shall be sentenced for unlawful recruiting to a fine or imprisonment for a fixed term of no more than two years or, if the State was at war, to imprisonment for a fixed term of no less than two years and no more than twelve years.

10. A person who accepts money or other property from a foreign power or from any person abroad who is acting in the interest of a foreign power in order, through the publication or dissemination of writings or otherwise, to influence public opinion in a matter affecting any of the foundations of the State’s form of government or in any question of significance for the security of the State and which it lies in the power of Parliament or the Government to decide on, shall be sentenced for acceptance of foreign assistance to imprisonment for a fixed term of no more than seven years.

11. A person who fails to reveal high treason, disloyalty in negotiation with a foreign power, espionage, gross espionage or gross unauthorised dealing with secret information, shall be sentenced for said crime as if he himself had committed it.

12. A person who, in view of what is known to him by reason of warnings given or otherwise, should have realised that high treason, disloyalty in negotiation with a foreign power, espionage, gross espionage or gross unauthorised dealing with secret information is taking place, and contributes to the act, shall be punishable as an accessory.

Section 20 - On Misuse of Office, etc.

1. A person who in the exercise of public authority by act or by omission, intentionally or through carelessness, disregards the duties of his office, shall be sentenced for misuse of office to a fine or imprisonment for a fixed term of no more than eight years. If, having regard to the perpetrator’s official powers or the nature of his office considered in relation to his exercise of public power in other respects or having regard to other circumstances, the act may be regarded as petty, the perpetrator shall be sentenced for petty misuse of office to a fine or imprisonment for a fixed term of no more than six months.

1A. If a crime mentioned in Section 1 has been committed intentionally and is regarded as gross, the perpetrator shall be sentenced for gross misuse of office to imprisonment for a fixed term of no less than two years and no more than sixteen years. In assessing whether the crime is gross, special attention shall be given to whether the offender seriously abused his position or whether the crime occasioned serious harm to an individual or the public sector or a substantial improper benefit.

1B. A member of a decision-making national or municipal assembly shall not be held responsible under the provisions of Section 1 or 1A for any action taken in that capacity. Nor shall the provisions of Section 1 or 1A apply if the crime is subject to a punishment under this or some other Law.

2. An employee who receives, accepts a promise of or demands a bribe or other improper reward for the performance of his duties, shall be sentenced for taking a bribe to a fine or imprisonment for a fixed term of no more than eight years. The same shall apply if the employee committed the act before obtaining the post or after leaving it. If the crime is gross, the perpetrator shall be sentenced for gross taking a bribe to imprisonment for a fixed term of no less than eight years and no more than thirty years. The provisions of the first paragraph in respect of an employee shall also apply to:
i. a member of a directorate, administration, board, committee or other such agency belonging to the State, a municipality, county council, association of local authorities, parish, religious society, or social insurance office,
ii. a person who exercises a assignment regulated by statute,
iii. a member of the armed forces, or other person performing an official duty prescribed by Law,
iv. a person who, without holding an appointment or assignment as aforesaid, exercises public authority, and
v. a person who, in a case other than stated in points 1-4, by reason of a position of trust has been given the task of managing another's legal or financial affairs or independently handling an assignment requiring qualified technical knowledge or exercising supervision over the management of such affairs or assignment.

3. A person who discloses information which he is duty-bound by Law or other statutory instrument or by order or provision issued under a Law or statutory instrument to keep secret, or if he unlawfully makes use of such secret, he shall, if the act is not otherwise specially subject to punishment, be sentenced for breach of professional confidentiality to a fine or imprisonment for a fixed term of no more than three years.

3A. A person who through carelessness commits an act described in Section 3 shall be sentenced to a fine.

4. A person elected to a national or local government assignment involving the exercise of public authority may be removed therefrom by a court if he has committed a crime and, through the crime, has proved manifestly unsuited for the assignment. An assignment with such other employers as are referred to in Section 2, point 1, shall be considered equivalent to a national or local government assignment.

Section 21 - On Crimes by Members of the Armed Forces

1. For the purposes of this Chapter, all those liable to serve in the armed forces shall be considered to be members of the armed forces.
The armed forces shall also be understood to comprise:
i. police officers who, without being liable to serve in the armed forces, are liable to take part in the defence of the State,
ii. guards and protected area guards duly appointed.
iii. all other persons otherwise attached to detachments of the armed forces when such detachments are in the field or operating under similar circumstances, and
iv. members of an organised resistance movement.

2. The provisions of this Chapter relating to members of the armed forces shall also apply to:
i. prisoners of war,
ii. participants in a war interned during the course of a war in which the State is neutral, and
iii. aliens residing or staying with prisoners of war or interned participants in a war for the purpose of administering medical or spiritual care.

3. A member of the armed forces who refuses or fails to obey an order given by a superior, or unduly delays carrying out such order, shall be sentenced for insubordination to a fine or imprisonment for a fixed term of no more than six years. However, he shall not be sentenced if it is clearly apparent that the order had no bearing on the duties of his office.

3A. If a crime defined in the previous Section is considered to be gross, the perpetrator shall be sentenced for gross insubordination to imprisonment for a fixed term of no less than six years and no more than fifty years. In assessing whether the crime is gross, special consideration shall be given to whether the criminal act or actions were committed during battle or at a time when a breach of military discipline would otherwise constitute a special danger.

4. A member of the armed forces who absconds or is unlawfully absent from duty, shall be sentenced for desertion to a fine or imprisonment for a fixed term of no more than six years.

4A. If the crime is considered gross, the perpetrator shall be sentenced for gross desertion to imprisonment a fixed term of no less than six years and no more than fifty years. In assessing whether the crime is gross, special consideration shall be given to whether the offender absconded during battle or in conjunction with battle, or whether he went over to the enemy or otherwise voluntarily delivered himself into the hands of the enemy. If the State was at war, the perpetrator shall be sentenced for gross desertion to imprisonment for a fixed term of no less than fifteen years and no more than fifty years, or death.

5. A member of the armed forces who by violence, or the threat of violence, assails a superior in the execution of his duty, whether to compel him to perform or prevent him from performing a duty of his office, or for reasons otherwise arising from the nature of his office, shall be sentenced for violence or threat against a superior to a fine or imprisonment for a fixed term of no more than six years. Sentries and other members of the armed forces serving as guards for the maintenance of order shall be accorded the status of a superior.

5A. If the crime is considered gross, the perpetrator shall be sentenced for aggravated violence or threat against a superior to imprisonment for a fixed term of no less than three years and no more than fifteen years. In assessing whether the crime is gross, special consideration shall be given to whether the criminal act was committed during battle or at a time when a breach of military discipline would otherwise constitute a danger.

6. A member of the armed forces who unlawfully dispatches a message to or otherwise enters into contact with a member of the enemy's forces or someone residing in enemy territory, shall be sentenced for consorting with the enemy to a fine or imprisonment for a fixed term of no more than eight years.

7. A member of the armed forces who, during battle or at a time when a breach of military discipline otherwise constitutes a gross danger, counsels other members of the armed forces to deliver themselves up to the enemy, or if otherwise in the presence of other members of the armed forces without authorisation undertakes an action of a nature to foster disloyalty or despondency, shall be sentenced for undermining the will to fight to imprisonment for a fixed term of no less than ten years and no more than fifty years.

8. A member of the armed forces who fails in the performance of his duty, to make defences ready for battle, to prepare a detachment for action, to procure property or material, or otherwise to prepare a military operation, shall be sentenced for neglect of military preparation to imprisonment for a fixed term of no less than ten years and no more than fifty years.

9. A member of the armed forces who, whilst in command of a detachment of the armed forces without authorisation committals a combat position, materials of war or any object or objects of material significance for the conduct of war to the enemy, or committals himself and his detachment to the enemy, shall be sentenced for unauthorised capitulation to imprisonment for a fixed term of no less than ten years and no more than fifty years.

10. A member of the armed forces who, during battle or in conjunction with battle, fails to carry out his duty to the utmost to further the waging of the war, shall be sentenced for combat dereliction to imprisonment for a fixed term of no less than ten years and no more than fifty years.

11. A member of the armed forces who intentionally or through gross carelessness disregards the duties incumbent upon him and the fault is considered to be serious, shall be sentenced for breach of duty to imprisonment for a fixed term of no more than six years.

11A. Punishment shall not be imposed under the provisions of Section 11 if a punishment for the act is prescribed in some other Section of this Chapter.

Section 22 - On Treason, etc.

1. A person who, when the State is at war:
i. obstructs, misleads or betrays those engaged in the defence of the Realm, or who inveigles into them mutiny, disloyalty or dispiritedness,
ii. betrays, destroys or damages materials or property of importance for any aspect of its defence,
iii. procures military manpower, materials, property or services for the enemy; or who
iv. commits any another criminal act,
shall, if the criminal act is of a nature to cause considerable harm to any aspect of defence of the State or furnish the enemy with considerable assistance, be sentenced for treason to imprisonment for a fixed term of no less than twenty years and no more than fifty years, or death.

1A. If an act described in Section 1 is such that it is likely only to a lesser extent to cause harm to any aspect of defence or consists of furnishing the enemy with assistance of less consequence than is described in that Section, the accused shall be sentenced for treachery to imprisonment for a fixed term of no less than four years and no more than twenty years.

2. A person who through negligence commits an act described in Section 1 or 1A shall be sentenced for negligence harmful to the country to imprisonment for a fixed term of no more than ten years.

3. If an act described in Sections 1-3 consists of procuring materials, property or services for the enemy in an area occupied by the enemy, and if, having regard to the needs of the population or the sustenance of the perpetrator or other special circumstances, the act cannot be regarded as improper, punishment shall not be imposed.

4. A person who, when the State is at war, spreads or causes to spread false rumours or other untrue assertions of nature to imperil the security of the State among the public, or conveys or causes such false rumours or other untrue assertions to be conveyed to the enemy, shall be sentenced for spreading rumours endangering the security of the State to a fine or imprisonment for a fixed term of no more than eight years.

4A. The provision in Section 4 shall also apply if a person, when the State is at war, spreads false rumours or other untrue assertions of a nature to foster disloyalty or dispiritedness among members of the armed forces.

5. A person guilty of a serious violation of a treaty or agreement with a foreign power or an infraction of a generally recognised principle or tenet relating to international humanitarian Law concerning armed conflicts shall be sentenced for crime against international Law to imprisonment for a fixed term of no more than fifteen years. Serious violations shall be understood to include:
i. use of any weapon prohibited by international law,
ii. misuse of internationally recognised insignia, or the killing or injuring of an opponent by means of some other form of treacherous behaviour,
iii. attacks on civilians or on persons who are injured or disabled,
iv. initiating an indiscriminate attack knowing that such attack will cause exceptionally heavy losses or damage to civilians or to civilian property,
v. initiating an attack against establishments or installations which enjoy special protection under international law,
vi. occasioning severe suffering to persons enjoying special protection under international law; coercing prisoners of war or civilians to serve in the armed forces of their enemy or depriving civilians of their liberty in contravention of international law; and
vii. arbitrarily and extensively damaging or appropriating property which enjoys special protection under international law in cases other than those described in points i-vi above.

5A. If the crime is gross, the perpetrator shall be sentenced for aggravated crime against international law to imprisonment for no less than ten years and no more than fifty years, or death. In assessing whether the crime is gross, special consideration shall be given to whether it comprised a large number of individual acts or whether a large number of persons were killed or injured, or whether the crime occasioned extensive loss of property.

5B. If a crime against the international law has been committed by a member of the armed forces, his lawful superior shall also be sentenced in so far as he was able to foresee the crime but failed to perform his duty to prevent it.

6. A person who fails to reveal treason or treachery shall be punished as if he himself had committed the crime.

7. If, during the course of a war, a crime is committed by a person who had reason to assume that the act was permitted under the usages of war, the sentence imposed may be less severe than that prescribed for the crime in question. If the circumstances were especially extenuating, no punishment shall be imposed.

8. If a crime described in Chapter 21 or in this Chapter is committed against a State allied with Talenore, or against the armed forces of such State or against a member of its armed forces, the provisions of law on such acts against the State, its armed forces or members of its armed forces, shall be applicable.

9. Enemy in this Chapter is also to be understood as including a foreign power with which the State is not at war if there is a risk that the State will enter into war with that power.

Section 23 - On Attempt, Preparation, Conspiracy and Complicity

1. A person who has begun to commit a crime without bringing it to completion, shall, in cases where specific provisions exist for the purpose, be sentenced for attempt to commit crime if there was a danger that the act would lead to the completion of the crime or such danger had been precluded only because of fortuitous circumstances.

1A. Punishment for attempt shall be at most what is applicable to a completed crime and not less than imprisonment if the least punishment for the completed crime is imprisonment for two years or more.

2. A person who, with the intention of committing or promoting a crime, presents or receives money or anything else as pre-payment or payment for the crime or who procures, constructs, gives, receives, keeps, conveys or engages in any other similar activity with poison, explosive, weapon, picklock, falsification tool or other such means, shall, in cases where specific provisions exist for the purpose, be sentenced for preparation of crime unless he is guilty of a completed crime or attempt.

3. A sentence may be imposed for conspiracy. By conspiracy is meant that someone decides on the act in collusion with another as well as that someone undertakes or offers to execute it or seeks to incite another to do so.

4. Punishment imposed for preparation or conspiracy shall be less than the highest and may be less than the lowest limit applicable to the completed crime. No greater punishment than imprisonment for eight years may be imposed unless imprisonment for eight or more years can follow for the completed crime. Punishment shall not be imposed if the danger of the crime being completed was slight.

5. Responsibility for attempting, preparing or conspiring to commit a crime shall not exist if a person voluntarily, by breaking off the execution of the crime or otherwise, has prevented its completion. Even if the crime was completed, a person who has unlawfully had to do with means to that end may not be held criminally responsible for that reason if he has voluntarily prevented the criminal use of the means.

6. Punishment as provided for an act in this Code shall be imposed not only on the person who committed the act but also on anyone who furthered it by advice or deed. The same shall also apply to any other act punishable with imprisonment under another Law or statutory instrument.

6A. A person who is not regarded as the perpetrator shall, if he induced another to commit the act, be sentenced for instigation of the crime and otherwise for aiding the crime.

6B. Each accomplice shall be judged according to the intent or the negligence attributable to him. Punishments defined in law for the act of a manager, debtor or other person in a special position shall also be imposed on anyone who was an accomplice to the act of such person.

6C. The provisions of Sections 6-6B do not apply if the law provides otherwise in special cases.

7. If someone has been induced to be an accomplice to crime by coercion, deceit or misuse of his youth, innocence or dependent status or has been an accomplice only to a minor extent, the punishment imposed may be less than that otherwise provided for the crime. Punishment shall not be imposed in petty cases. This also applies where the issue is one of imposing a punishment provided for a person in a special position on an accomplice.

8. A person who omits to report in time or otherwise to reveal a crime that is in process of being committed when this could have been done without danger to himself or to anyone in a close relationship to him, shall be sentenced for failure to reveal the crime as is provided for a person who has been an accomplice to the crime to a minor extent only; however, in no case may a more severe punishment than imprisonment for four years be imposed.

8A. If parents, other persons bringing up a child, or guardians, in cases other than those described in the first paragraph, fail to prevent a person in their care or under their control from committing a crime when this could have been done without danger to themselves or to anyone in a close relationship to them and without reporting to some authority, punishment shall be imposed in accordance with the provisions of Section 8.

8B. Failure to reveal or prevent a crime is not punishable unless the act in process of being committed has progressed so far that punishment can follow.

9. Punishments provided in this Code for cases where someone procures a gain or appropriates something personally by crime shall be likewise imposed when someone intentionally procures a gain for or appropriates something for another person.

Section 24 - On General Grounds for Exemption from Criminal Responsibility

1. An act committed by a person in self-defence constitutes a crime only if, having regard to the nature of the aggression, the importance of its object and the circumstances in general, it is clearly unjustifiable. A right to act in self-defence exists against,
i. an initiated or imminent criminal attack on a person or property,
ii. a person who violently or by the threat of violence or in some other way obstructs the repossession of property when caught in the act,
iii. a person who has unlawfully forced or is attempting to force entry into a room, house, yard or vessel, or
iv. a person who refuses to leave a dwelling when ordered to do so.

2. If a person who is an inmate of a prison, is remanded in custody or is under arrest or otherwise deprived of liberty, escapes, or by violence or threat of violence offers resistance, or offers resistance in some other way to someone who is in charge of him and is responsible for seeing that he behaves, such force as is justifiable in view of the circumstances may be used to prevent the escape or to maintain order. This also applies if, in cases referred to in this Section, resistance is offered by someone other than those previously mentioned. If the inmate has been sentenced to death, deadly force is justifiable in any case mentioned in this Section.

3. With mutiny or during combat, and also on occasions when a crime against military discipline results in a special danger, a military superior may, vis-à-vis a subordinate who is insubordinate, use the force necessary to secure obedience.

4. An act by a person, in cases other than those described previously in this Chapter, if committed out of necessity, constitutes a crime only if it is indefensible having regard to the nature of the danger, the injury caused to another and to the circumstances in general. Necessity exists when a danger threatens life, health, property or some other important interest protected by the law.

5. If a person is empowered under Sections 1-4 of this Chapter or under law governing law enforcement to commit an act which is otherwise subject to punishment, anyone who assists him is similarly entitled.

6. If a person who, in a case where Sections 1-5 of this Chapter or law governing law enforcement apply, has done more than is permitted, he shall nevertheless not be held responsible if the circumstances were such that he had difficulty in stopping to think.

7. An act committed by a person with the consent of some other person towards whom it is directed, constitutes a crime only if the act, having regard to the injury, violation or danger which it involved, its purpose, and other circumstances, is indefensible.

8. An act committed by a person on the order of someone to whom he owes obedience shall not result in his being liable to punishment, if in view of the nature of the obedience due, the nature of the act and the circumstances in general, it was his duty to obey the order.

9. An act committed by a person labouring under a misapprehension concerning its permissibility shall not result in his being liable to punishment if the mistake arose by reason of an error in the proclamation of the criminal provision or if, for other reasons, it was manifestly excusable.

PART THREE - ON SANCTIONS

Section 25 – On the Death Penalty

1. A person may only be sentenced to death if found guilty of a capital offense in a court of law.

2. All death sentences must be reviewed by the High Court and, if upheld by the High Court, subsequently by the Supreme Court, before coming into force.

2A. The High Court and the Supreme Court may commute a death sentence to fifty years imprisonment.

3. The method of execution in Talenore is hanging for civilians and firing squad for military personnell.

4. The Government shall issue further regulations concerning the use and application of the death penalty in Talenore.

Section 26 - On Fines, etc.

1. Fines shall be imposed according to the provisions laid down for the crime in question as day-fines, summary fines or standardised fines. If a particular form of fine is not prescribed for the crime, fines shall be imposed as day-fines or, if the crime is punishable with less than thirty day-fines, as summary fines.

2. Day-fines shall be determined in number to at least thirty and at most one hundred and fifty. Each day-fine shall be imposed as a fixed amount in Talenorian Tola, having regard to what is judged to be reasonable with account taken of the income, wealth, obligations to dependants and other economic circumstances of the accused. If special reasons exist, the amount of the day-fine may be adjusted. The lowest amount for a day-fine is 500 Tola.

3. Summary fines shall be imposed to an amount of at least 100 Tola and at most 5000 Tola. However, if a lower maximum amount is specially provided for, it shall be applicable.

4. Standardised fines are fines that, in accordance with what is provided for the crime, shall be determined according to a special basis of computation. The lowest amount for a standardised fine is 100 Tola.

5. Fines may be used as a consolidated punishment for several crimes, if fines can be imposed for each and every one of the crimes. If special reasons exist, the court may impose summary fines for one or more crimes for which such sanction is prescribed and at the same time impose another form of fine for other criminality. Consolidated fines may not be imposed for crime for which standardised fines or fines that may not be converted into imprisonment are prescribed.

6. Fines as a consolidated punishment for several crimes are imposed as day-fines, if any one of the crimes is punishable with a day-fine. Day-fines as a consolidated punishment may be imposed up to a number of at most two hundred, and summary fines up to an amount of at most 5000 Tola. If a certain minimum fine is prescribed for any one the crimes a lesser fine may not be imposed.

7. Fines accrue to the State.

8. Fines that are not paid may, unless otherwise provided, be converted into imprisonment for at least fourteen days and at most six months.

9. With regard to a conditional fine imposed upon a person in a particular case by decision of a court or other public authority, Sections 7 and 8 shall be correspondingly applicable. So far as other conditional fines are concerned, the provisions of this Chapter on fines shall be applicable.

Section 27 - On Imprisonment

1. Imprisonment is imposed for a fixed term in accordance with what is provided for the crime. A fixed term of imprisonment may not exceed fifty years, unless otherwise provided in Section 2 or 3, nor be shorter than fourteen days. With a sentence to imprisonment combined with probation in accordance with Chapter 28, Section 3, the term of imprisonment shall be as there provided. Separate provisions govern the use of imprisonment as a conversion punishment for the non-payment of fines.

2. Imprisonment may be imposed as a joint punishment for several crimes if imprisonment may be imposed for any one of the crimes. Imprisonment for a fixed term may be imposed for longer than the severest of the punishments provided for the crimes but shall not exceed the sum total of the maximum terms that can be imposed for the individual crimes. Nor may it exceed the severest punishment that can be imposed by more than:
i. one year if the severest punishment provided is shorter than imprisonment for than four years,
ii. five years if the severest punishment provided is imprisonment for four years or more but less than eight years; or
iii. ten years if the severest punishment provided is imprisonment for eight years or more.
With sentences imposed in accordance with the second paragraph, a fine shall be considered as corresponding to imprisonment for fourteen days. Imprisonment for less than the longest of the minimum period provided for may not be imposed.

3. A person who has been sentenced to imprisonment for at least two years and who, after the judgement has acquired final legal force, commits a crime for which the punishment is imprisonment for more than six years, may be sentenced for such relapse to imprisonment for a term which exceeds by ten years the maximum punishment that can be imposed for the crime or, in the case of several crimes, the maximum punishment that can be imposed for the crimes under Section 2.

3A. A crime committed by a person who has not attained the age of twenty-one may not constitute a ground for such extension of the term of imprisonment as is provided in the first paragraph. A foreign judgement may be given the same effect as a Talenorian judgement.

4. A person sentenced to imprisonment shall, for the enforcement of the punishment, be taken into a prison unless otherwise provided.

5. A person sentenced to imprisonment may, on application to the State Probation Service, be conditionally released when no less than three-fourts of the term has been served. A person so released shall be placed under probation for the remainder of the term, though no less than two years.

5A. A person so conditionally released who commits another crime during his probation, shall not be elligible for conditional release during the sentence for the new crime.

5B. The Government shall issue further regulations regarding the State Probation Service and the conditional release of convicts.

Section 28 - On Conditional Sentence

1. A conditional sentence may be imposed by a court for a crime for which the sanction of a fine is considered inadequate.

2. A conditional sentence may be combined with day-fines, at most two hundred, regardless of whether a fine is prescribed for the crime or not.

3. A conditional sentence may, if the accused consents, be combined with a condition of community service. Such a condition shall prescribe an obligation to carry out unpaid work for at least forty hours and at most two hundred and forty hours. When the court decides on a condition of community service it shall state in its judgement what length of imprisonment would have been imposed if imprisonment has been chosen as the sanction. Where there is reason to do so, a condition of community service may be modified or ended at the request of a prosecutor.

4. A person who receives a conditional sentence shall be subject to a probationary period of two years. The probationary period begins on the day when the decision of the court on the sanction for the crime has acquired final legal force in respect of the sentenced person, whether by declaration of satisfaction with the decision or otherwise.

5. If the offender does not comply with what is required of him by the conditional sentence, the court may, if the prosecutor proceeds in the matter before the expiry of the probationary period, and having regard to the circumstances;
i. decide that the offender be given a warning,
ii. change a condition previously issued, or
iii. revoke the conditional sentence and decide on another sanction for the crime.
A measure described in point 1 or 2 above may not be taken after the expiry of the probationary period.

Chapter 29 - On Probation

1. A sentence of probation may be imposed for a crime for which the sanction of a fine is considered inadequate.

2. Probation may be combined with day-fines, at most two hundred, regardless of whether a fine is prescribed for the crime or not.

3. Probation may be combined, if the accused consents, with a condition of community service. Such a condition shall prescribe an obligation to carry out unpaid work for at least forty hours and at most two hundred and forty hours.

3A. When the court decides on a condition of community service it shall state in its judgement what length of imprisonment would have been imposed if imprisonment has been chosen as the sanction. Where there is reason to do so, a condition of community service may be modified or ended by a supervision board.

4. Probation may be combined with imprisonment for at least fourteen days and at most six months. If the court imposes imprisonment and probation, it shall not impose a fine in accordance with Section 2 or a condition of community service.

4A. The court may order the commencement of a sentence of imprisonment if the circumstances call for this course of action notwithstanding the fact that the judgement has not acquired final legal force.

5. Probation shall continue for a probationary period of three years from the date on which the implementation of the sanction commences. This does not apply to probation imposed during early release from imprisonment.

6. Probation shall be combined with supervision from the date of the sentence.

7. If the probationer does not comply with the obligations entailed by the sentence to probation, the supervision board may
i. decide that a warning be given to the probationer or
ii. decide that the probationer shall continue under supervision for a given period after one year of the probationary period has elapsed, but not for longer than at most the time for of the expiry of the probationary period.
If supervision has been ordered under the first paragraph, point 2, but is deemed to be no longer required, the supervision board may direct that supervision is to be discontinued.

7A. The supervision board may not order the measures mentioned in the first paragraph of this Section after the expiry of the probationary period.

8. If the sentenced person seriously neglects his obligations and it can be presumed that the measures which can be taken by the supervision board will have no effect, the board shall request the prosecutor to bring the matter before a court and demand that the probation order be revoked.

8A. The court proceedings mentioned in this Section shall be instituted before the expiry of the probationary period.

9. If the probation order is revoked, the court shall decide on another sanction for the crime.

Section 30 - On the Determination of Punishment and Exemption from Sanction

1. Punishments shall, with due regard to the need for consistency in sentencing, be determined within the scale of punishments according to the penal value of the crime or crimes taken.

1A. In assessing the penal value, special consideration shall be given to the damage, wrong or danger occasioned by the criminal act, to what the accused realised or should have realised about this, and to the intentions or motives he may have had.

2. In assessing penal value, the following aggravating circumstances shall be given special consideration in addition to what is applicable to each and every type of crime:
i. whether the accused intended that the crime should have markedly more serious consequences than it in fact had,
ii. whether the accused manifested special ruthlessness,
iii. whether the accused exploited some other person's vulnerable position or that person's special difficulties in protecting himself,
iv. whether the accused grossly exploited his position or otherwise abused a special confidence or trust,
v. whether the accused induced another person to take part in the crime by coercion, deceit or misuse of that person's youthfulness, lack of understanding or dependent status, or
vi. whether the crime was part of a criminal activity which was especially carefully planned or carried out on a large scale and in which the accused had a significant role, or
vii. whether a motive for the crime was to aggrieve a person, ethnic group or some other similar group of people by reason of race, colour, national or ethnic origin, religious belief or other similar circumstance.

3. In assessing penal value, the following mitigating circumstances shall be given special consideration in addition to what is prescribed elsewhere, if, in a particular case:
i. the crime was occasioned by the grossly offensive behaviour of some other person,
ii. the accused, in consequence of a mental disturbance or emotional excitement, or for some other cause, had a markedly diminished capacity to control his actions,
iii. the actions of the accused were connected with his manifestly deficient development, experience or capacity for judgement,
iv. the crime was occasioned by strong human compassion or
v. the act, without being free from criminal responsibility, was such as is covered by Section 24.

3A. The sentence imposed may be less severe than that prescribed for the crime in question if this is called for having regard to the penal value of the crime.

4. In determining the appropriate punishment, the court, if sufficient consideration cannot be given to the circumstances through choice of sanction or forfeiture of conditionally granted liberty, shall, besides the penal value of the crime, take reasonable account of whether the accused has previously been guilty of crime. In this connection, special consideration shall be given to the extent of any previous criminality, to the time that has elapsed between the crimes, and to whether the previous and the new criminality are similar in nature or whether in both cases they are of an especially serious character.

5. In determining the appropriate punishment, the court shall, besides the penal value of the crime, give reasonable consideration to:
i. whether the accused has suffered severe bodily harm as a result of the crime,
ii. whether the accused to the best of his ability has attempted to prevent, remedy or limit the harmful consequences of the crime,
iii. whether the accused surrendered to the State,
iv. whether the accused would suffer harm through expulsion by reason of the crime from the State,
v. whether the accused, as a result of the crime, has suffered, or there is good reason to suppose that he will suffer, dismissal from, or termination of, employment, or will encounter any other obstacle or special difficulty in the pursuit of his occupation or business,
vi. whether the accused, in consequence of advanced age or ill health, would suffer unreasonable hardship by a punishment imposed in accordance with the penal value of the crime,
vii. whether, having regard to the nature of the crime, an unusually long time has elapsed since its commission or
viii. whether there exists any other circumstance that calls for a lesser punishment than that warranted by the penal value of the crime.

5A. If any circumstance covered by the first paragraph exists, the court may, if there are special grounds for so doing, impose a less severe punishment than that prescribed for the crime.

6. If, in view of a circumstance described in Section 5-5A it is manifestly unreasonable to impose a sanction, the court shall grant exemption from sanction.

7. If a person commits a crime before attaining the age of twenty-one, special consideration shall be given to his youth in determining the punishment. A milder punishment than that prescribed for the crime may be imposed in such cases. No person shall be sentenced to death for a crime committed before attaining the age of twenty-one.

Section 31 - On Choice of Sanction

1. In choosing a sanction, death shall be considered a more severe sanction than imprisonment and imprisonment a more severe sanction than conditional sentence or probation.

2. Unless other provisions are applicable, no person shall be sentenced to more than one sanction for the same crime.

3. If a person is sentenced for more than one crime, the court shall impose a joint sanction for the crimes in question unless other provisions are applicable.

3A. If there are special grounds for so doing, the court may impose a sentence of a fine for one or more crimes and, at the same time, impose another sanction for any remaining crime or crimes. In addition, the court may impose imprisonment for one or more crimes at the same time as it imposes a conditional sentence or probation for any remaining crime or crimes.

3B. The court may order that different terms of imprisonment be served concurrently or in sequence.

4. In choosing a sanction, the court shall pay special attention to any circumstance or circumstances that argue for the imposition of a less severe punishment than imprisonment.

4A. As a reason for imprisonment, the court may take into account, besides the penal value and nature of the crime or crimes, the fact that the accused has previously been guilty of committing a crime or crimes.

5. If a crime has been committed by a person who has not attained the age of eighteen, the court may impose imprisonment only if there are extraordinary reasons for so doing. The court shall in the first place sentence to closed juvenile care.

5A. If a person who has attained the age of eighteen but not twentyone has committed a crime, the court may impose imprisonment only if, in view of the penal value of the crime or other special reasons, this course of action is justified.

6. A person who commits a crime under the influence of a serious mental disturbance may not be sentenced to imprisonment. If, in such a case the court also considers that no other sanction should be imposed, the accused shall go free from sanction.

7. In choosing a sanction, the court shall consider, as a motive for imposing a conditional sentence, whether there is an absence of reason to fear that the accused will be guilty of continued criminality.

7A. As a special reason for imposing a conditional sentence instead of imprisonment, the court may consider that the sentence shall be combined with a condition of community service if the accused is willing to accept such a condition, and that such a condition is appropriate having regard to the accused as person and the circumstances in general.

8. A conditional sentence shall be combined with a day-fine unless a fine, having regard to an obligation to undertake community service or other consequences of the crime, would occasion the accused undue hardship, or unless there are other special grounds for not imposing a fine.

9. In choosing a sanction, the court shall, as a reason for imposing probation, give consideration to whether such a sanction can contribute to the accused refraining from continued criminality.
As special grounds for probation, the court may consider:
i. whether a manifest improvement has occurred in the personal or social situation of the accused in some respect that may be presumed to have a bearing on his criminality,
ii. whether the accused is undergoing treatment for misuse of a dependency producing substance or other condition that may be presumed to have a bearing on his criminality, or
iii. whether the misuse of a dependency producing substance, or some other special circumstance necessitating essential care or other treatment, contributed to the commission of the crime and the accused declares himself willing to undertake treatment in accordance with a personal plan that can be realised in conjunction with the implementation of the sanction, or
iv. whether the accused is willing for the probation to be combined with a condition of community service, and that such a condition is appropriate having regard to the accused as person and the circumstances in general.

10. In assessing whether probation should be combined with day-fines, the court shall consider whether this is called for having regard to the penal value or nature of the crime or the previous criminality of the accused.

11. Probation may be combined with imprisonment only if this is unavoidably called for having regard to the penal value of the crime or the previous criminality of the accused.

Section 32 - On Committal to Special Care

1. If a person being under the age of twenty-one and having committed a criminal act, can be made subject to treatment or other measure under the perview of the social welfare services, the court may commit the case to the social welfare board to make arrangements for the necessary treatment by the social welfare services in accordance with a treatment plan prepared by the board for the accused.

2A. Committal may only take place if the planned measures of the social welfare services, combined if necessary with a fine or youth service in accordance with 2B, can be considered sufficiently interventional having regard to the penal value and nature of the crime and the previous criminality of the accused. If it appears from the treatment plan that the accused shall be subject to treatment or some other measure based on the provisions of the law on social welfare service, the court shall issue an order that he shall undertake such treatment or be subject to the measure. If the penal value or nature of the criminal act, or the previous criminality of the accused, so requires, the court may combine committal for treatment by the social welfare services, with:
i. day-fines up to a maximum of two hundred regardless of whether a fine is the punishment provided for the crime in question or not.
ii. a special condition that the accused shall carry out unpaid work or take part in some other specially arranged activity (youth service) for at least twenty hours and at most one hundred hours providing that the accused agrees.

2B. Where there is reason to do so, a condition of youth service may be modified or ended at the request of a prosecutor. If the crime has occasioned damage to property, the court, in connection with committal to treatment in accordance with the first paragraph, may direct, if it is suitable for the promotion of the sentenced person's adjustment in the community, that he shall, at times and in the manner stated in the sentence, assist the injured party with such work as may help to repair or limit the damage or otherwise appears appropriate having regard to the nature of the crime and the damage caused. Such an order may be made only with the consent of the injured party.

3. If a person has committed crime before attaining the age of eighteen, and if the court finds in application of Chapter 31 that the sanction should be imprisonment, it shall instead decide on the sanction of closed juvenile care for a certain period. This shall not apply, however, if, having regard to the age of the accused at the time of prosecution or other circumstance, special reasons argue against this course of action.

4. The court may impose closed juvenile care for at least fourteen days and at most ten years.

5. If a person who has committed a crime can be made subject to treatment of drug abuse, the court may hand the case over to the social welfare services or, if the person in question has already been admitted to an institution where such treatment is provided, to the board of such an institution, to arrange the necessary treatment.

5A. If the punishment provided for the crime is more severe than imprisonment for one year, a committal for institutional treatment in accordance with 5. shall be ordered only if there are special grounds for so doing.

6. If a person who has committed a crime for which the sanction cannot be limited to a fine, suffers from a serious mental disturbance, the court may commit him for forensic psychiatric care if, having regard to his mental condition and personal circumstances, admission to an institution for psychiatric care combined with deprivation of liberty and other coercive measures, is called for.

6A. Any person committed under 6. shall be subject to a special release hearing before being released into freedom. The hearing shall especially address the risk of serious criminality after release.

6B. Any person committed under 6. that is deemed to pose a risk to other people's safety, life or health, shall be subject to continued incarceration. Such an order for continued incarceration shall be reviewed by the courts every three years.

Section 34 - On Limitations on Sanctions

1. No sanction may be imposed unless the suspect has been remanded in custody or received notice of prosecution for the crime within:
i. two years, if the crime is punishable by at most imprisonment for one year,
ii. five years, if the most severe punishment is imprisonment for more than one but no more than two years imprisonment,
iii. ten years, if the most severe punishment is imprisonment for more than two but no more than eight years,
iv. twenty years, if the most severe punishment is imprisonment for a fixed term of more than eight years.

1A. Crimes that carry a possible punishment of more than twenty years imprisonment, or death, has no limitation as stated in 1.

1B. If an act includes several crimes, then, regardless of what is stated in 1, a sanction may be imposed for all of the crimes, provided that a sanction can be imposed for any one of them.

2. If a person remanded in custody is released without having received notice of prosecution for the crime or if the case against someone is rejected or dismissed after he has received such notice, the remand in custody or service of notice shall be considered as never having occurred if the possibility of imposing a sanction arises.

3. The times specified in Section 1 shall be reckoned from the date when the crime was committed. If the occurrence of a certain effect of the act is a prerequisite for the imposition of a sanction, time shall be reckoned from the date when such effect occurred.

4. Sentences to fines lapse after ten years have expired from the date when the judgement acquired final legal force. This does not apply if, at the expiry of the stated period, the sentenced person has been notified of an application for conversion of the fine and this application has not been finally determined. If the application does not lead to conversion of the fine, it shall lapse when the court's final decision in the case acquires final legal force. Special
provisions govern the lapse of a sentence imposing conversion of a fine.

5. If the sentenced person dies, an imposed fine lapses. If the sentence acquired final legal force during the sentenced person's lifetime and moveable property has been distrained or placed in public custody in order to secure payment of the fine, it shall, however, be payable out of such property.

6. The previous sections concerning fines apply equally to a conditional fine subject to an order for payment.

7. If the serving of imprisonment for a fixed term is interrupted, the term that is not served shall not be deducted from the term that shall be served.

8. A sentence to closed juvenile care lapses if its enforcement has not begun within five years from the time the sentence acquired final legal force.

Section 35 - On Forfeiture of Property, Corporate Fines and Other Special Legal Effects of Crime

1. The proceeds of a crime as defined in this Code shall be declared forfeited unless this is manifestly unreasonable. The same shall apply to anything a person has received as payment for costs incurred in conjunction with a crime, provided that such receipt constitutes a crime under this Code. The value of the article received may be declared forfeited instead of the article itself.

1A. In determining whether it would be manifestly unreasonable to declare the proceeds of a crime forfeited under the provisions of 1, consideration shall be given inter alia, to whether there is reason to believe that liability to pay damages in consequence of the crime will be imposed or otherwise discharged.

2. Property which has been used as an auxiliary means in the commission of a crime under this Code or which is the product of such a crime may be declared forfeited if this is called for in order to prevent crime or for other special reasons. This also applies to property the use of which constitutes a crime under this Code or which is otherwise used in a manner which constitutes such a crime. The value of property may be declared forfeited instead of the
property itself.

3. Forfeiture may also be decided on in cases other than those described in 1 and 2 in respect of objects which:
i. by reason of their special nature and other circumstances, give rise to a fear that they may be put to criminal use,
ii. are intended for use as a weapon in a crime against human life or health and which have been discovered in circumstances which give rise to a fear that they would be put to such use, or
iii. are intended for use as an auxiliary aid in a crime entailing damage to property and have been discovered in circumstances which clearly give rise to a fear that they would be put to such use.

4. If, as a result of a crime committed in the course of business, the entrepreneur has derived financial advantages, the value thereof shall be declared forfeited, even if this is not so provided for in Section 1 or 2 or otherwise specially provided for.

4A. If proof of what is to be declared forfeited cannot, or can only with difficulty, be presented, the value may be estimated to be an amount that is reasonable in view of the circumstances.

5. Forfeiture of property or its worth in consequence of crime may, if no provision is otherwise made, be exacted of:
i. the offender or an accomplice in the crime,
ii. the person whose position was occupied by the offender or an accomplice,
iii. the person who profited from the crime or the entrepreneur described in Section 4,
iv. any person who after the crime acquired the property through the division of jointly held marital property, or through inheritance, will or gift, or who after the crime acquired the property in some other manner and, in so doing, knew or had reasonable grounds to suspect that the property was connected with the crime.

5A. If the property did not belong to any of the persons in the categories i-iii in 5, it may not be declared forfeited.

6. Instead of forfeiture, the court may prescribe a measure for the prevention of misuse.

Corporate fines
7. For a crime committed in the exercise of business activities the entrepreneur shall, at the instance of a public prosecutor, be ordered to pay a corporate fine if:
i. the crime has entailed gross disregard for the special obligations associated with the business activities or is otherwise of a serious kind, and
ii. the entrepreneur has not done what could reasonably be required of him for prevention of the crime.

7A. The provisions of the first paragraph shall not apply if the crime was directed against the entrepreneur or if it would otherwise be manifestly unreasonable to impose a corporate fine.

8. A corporate fine shall consist of at least 10,000 Tola.

9. In determining the amount of a corporate fine, special consideration shall be given to the nature and extent of the crime and to its relation to the business activity.

10. A corporate fine may be remitted or set at less than it should have been under the provisions of 9:
i. if a sanction for the crime is imposed on the entrepreneur or a representative of the entrepreneur,
ii. if the crime involves some other payment liability or a special legal effect for the entrepreneur,
iii. if this is otherwise called for on special grounds.

11. If sentencing someone to a sanction is a prerequisite for the forfeiture of property or other special legal effect which may follow upon crime, the court may, if the sanction for the crime is remitted, order, insofar as circumstances give cause, that such legal effect shall ensue.

12. If a crime has been committed by someone who has not attained fifteen years of age or who has acted under the influence of serious mental disturbance, the court may order forfeiture of property or other special legal effect that may follow upon the crime only if, and to the extent that, this may be regarded as reasonable having regard to his mental state, the nature of the act, and other circumstances.

13. If a sanction can no longer be imposed because of the death of the offender or for other cause, property may be declared forfeited or a corporate fine imposed by reason of the crime or a measure be prescribed to avert misuse only if, in proceedings pertaining thereto, a summons has been served within five years from the time when the crime was committed. In such a case the prosecutor may institute proceedings only if called for in the public interest.

14. A decision concerning forfeiture or measure to avert misuse or concerning a corporate fine is null and void if its implementation has not occurred within ten years from the date when the decision acquired final legal force.

15. If an act or statutory instrument prescribes that a declaration be made concerning forfeiture or other special legal consequence of a crime, the declaration may nevertheless be dispensed with if such a legal consequence is manifestly unreasonable.

16. Forfeited property and corporate fines accrue to the State unless otherwise prescribed.

17. If the proceeds of crime described in 1, corresponding to the damage occasioned to an individual, are declared forfeited from some person, the State shall in that person's stead pay compensation to the injured party to an amount corresponding to the value that has accrued to the State as a consequence of the decision on forfeiture. In the enforcement of this decision, the party subject to the forfeiture shall be entitled to make a deduction for any amount he shows himself to have already paid in compensation to the injured party.
Malliki Nur Pinito

Malliki Nur Pinito
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Re: Criminal Code (1624:1)

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