CRIMINAL LAW OF THE SOCIALIST AUTONOMOUS ... - Eulex

Pursuant to Article 335 of the Constitution of the Socialist Autonomous Province of Kosovo, Ihereby passD E C R E EON PROCLAMATION OF THE CRIMINAL LAW OF THE SOCIALISTAUTONOMOUS PROVINCE OF KOSOVOThe Criminal Law of the Socialist Republic of Serbia, adopted by the Assembly of theSocialist Autonomous Province of Kosovo is hereby proclaimed at the session of the Council ofAssociated Labor, dated 28 June 1977, and at the session of the Socio-political Council, dated 28June 1977.PS No. 011-25/77Pristina, 28 June 1977President of the AssemblyIlijaz KurteshiCRIMINAL LAWOF THE SOCIALIST AUTONOMOUS PROVINCE OF KOSOVOF I R S T P A R TC h a p t e r IINTRODUCTORY PROVISIONSCriminal legislation of the Socialist Autonomous Province of KosovoArticle 1Criminal legislation of the Socialist Autonomous Province of Kosovo consists ofprovisions of this Law and criminal justice provisions of other laws of Socialist AutonomousProvince of Kosovo.Application of criminal legislation of the Socialist Autonomous Province of KosovoArticle 2Criminal legislation of the Socialist Autonomous Province of Kosovo is applicabletowards anyone who commits a criminal act, as stipulated by this legislation, on the territory ofthe Socialist Autonomous Province of Kosovo.

3obligations of protective supervision or extend the protective supervision within the probationperiod or it can revoke the suspended sentence.C h a p t e r I I IGENERAL PROVISIONS ON THE EXECUTION OF SENTENCESPurpose of sentenceArticle 6(1) The objective of the punishment shall be achieved by the execution of sentence asstipulated by the Criminal Law of the Socialist Federal Republic of Yugoslavia.(2) During the execution of the sentence, no physical suffering shall be inflicted on aconvicted person nor shall his human dignity be offended.Postponement of execution of death penaltyArticle 7(1) Death penalty may not be executed against a person who is seriously physically ormentally ill during the period of his illness or against a pregnant woman during her pregnancyand a year after delivery.(2) Death penalty may not be executed until it has been established that it was not abolishedor substituted with an act of amnesty or a pardon.Suspension of exercising rights during the period of serving the sentenceArticle 8(1) During the period of imprisonment, a person sentenced to prison may not exercise hiselective franchise, nor may he perform any electoral functions in government agencies oradministrative bodies in associated labor organizations or other self-management organizationsand associations.(2) It is established by special provisions, in which cases, during the serving of a sentence, theretirement and disability benefits, salary and other income based on employment shall besuspended.Release on paroleArticle 9(1) The convict who served a half of his term may be paroled if during his serving thesentence he has rehabilitated and there are grounds for expectation that a person will behave in aproper manner if released, and particularly that he shall not commit any new criminal acts. Whileevaluating the grounds for convict’s parole, his behavior during the term of sentence, his working

4obligations in regard to his working capacity and other circumstances indicating that the aim ofthe punishment has been achieved, shall be taken into account.(2) The convict who served one third of his term may be exceptionally released from prison ifthe conditions from Para 1 of this Article are met and if special circumstances pertaining to theconvict’s personality obviously indicate that the objective of the punishment has been achieved.Revocation of paroleArticle 10(1) The court shall revoke the parole if the convict during the parole period commits one ormore criminal acts for which a sentence of more than one year of imprisonment is pronounced.(2) The court may revoke the parole if the person released on parole commits one or morecriminal acts for which a sentence of up to one year of imprisonment is pronounced. For theevaluation of the revocation of parole, the court shall take into consideration the similarity of thecriminal acts committed, their significance, motives associated with their commission and othercircumstances indicating that the revocation of parole is justified.(3) When the court revokes the parole, it shall pronounce a sentence by applying theprovisions from Articles 48 and 49, Para 2 of the SFRY Criminal Law considering the previouslypronounced sentence as already established. The part of the sentence, which was already servedby the convict against the previous verdict, is credited towards the new sentence, whereas thetime spent on parole is not credited towards it.(4) The provisions from Para 1 to 3 of this Article shall also apply when the person releasedon parole is tried for a criminal act he committed prior to his release on parole.(5) If a person released on parole is sentenced to up to one year of imprisonment and the courtdoes not revoke a parole, the parole shall be extended for the period the convict has alreadyserved.C h a p t e r I VPROVISIONS RELATING TO EDUCATIONAL MEASURES AND TO THE PUNISHMENTOF JUVENILESSpecial criminal justice provisions applicable to juvenilesArticle 11The provisions of this Chapter shall apply to juvenile offenders who commit criminalacts, whereas other criminal justice provisions shall apply only if they are not in contradictionwith these special provisions.

5ReprimandArticle 12When the court reprimands a juvenile, it shall point out the damaging character of thejuvenile’s act and inform him that in case he repeats a criminal act, a more severe measure maybe pronounced to him.Referral to the disciplinary center for juvenilesArticle 13(1) A juvenile to whom the measure of referral to the disciplinary center for juveniles ispronounced, may be ordered by the court to report to the disciplinary center for juveniles:- for a certain number of hours during public holidays, but not more than for fourconsecutive days of public holidays;- for a certain number of hours during the day, but no longer than for 30 days;- for a continuous stay during a certain number of days but no longer than for 20 days.(2) While pronouncing this measure, it shall be taken into consideration that, during theexecution of the measure, the juvenile must not fall behind his regular school curriculum.(3) In the disciplinary center, the juvenile shall perform beneficial work corresponding to hisage.(4) When pronouncing a measure of referral to the disciplinary center, the court may orderthat upon the execution of this measure, a juvenile is to be placed under intensive supervision of aguardianship body.Intensive supervision by parents or foster parentsArticle 14(1) When the court pronounces the measure of intensive supervision by parents or a fosterparent, the parents or the foster parent shall be given appropriate instructions and shall beassigned certain duties in order to undertake measures for the education of a juvenile and forelimination of harmful influence on him;(2) The court shall subsequently decide on the suspension of this measure, but it may not lastless than one year and no longer than three years;(3) While pronouncing this measure, the court may order a guardianship body to keep itsexecution under control and to provide help to parents or a foster parent. The court shallsubsequently decide on the suspension of this control, but it may not last less than one year andno longer than three years.Intensive supervision in another familyArticle 15Intensive supervision in another family may not last less than one year and no longer thanthree years. The execution of this measure shall be suspended when the parents or a foster parent

6of a juvenile attain capability of intensive supervision or when it is established that the intensivesupervision is no longer necessary as a result of a correctional process.Intensive supervision by guardianship bodyArticle 16(1) When a juvenile is pronounced a measure of intensive supervision by a guardianshipbody, it shall subsequently decide on the suspension of this measure provided that it may not lastless than a year and no longer than three years. During the execution of this measure, the juvenileshall continue to live with his parents or other persons providing for him, and the intensivesupervision shall be executed by an authorized guardianship body representative.(2) An authorized guardianship body representative shall take care of the juvenile’seducation, his employment, his separation from the society which has harmful influence on him,his medical treatment if needed, and of improving his living conditions.Special obligations pertaining to intensive supervisionArticle 17(1) While pronouncing some of intensive supervision educational measures, the court mayorder the following obligations to a juvenile:- to personally apologize to the injured party;- to, within his power, eliminate the damage caused by a criminal act;- to attend school regularly;- to train himself for a profession in accordance with his abilities and talents;- to accept employment;- to refrain from consumption of alcoholic drinks and drugs;- to refrain from visiting particular bars and events;- to visit proper medical or counseling institution;- to engage himself in certain community work in his leisure time;- not to associate with persons having a harmful influence on him;- to participate in the work of humanitarian and youth organizations;- to fulfil other obligations ordered by the court.(2) The court may modify or cancel the obligations it has ordered.(3) While determining the obligations from Para 1 of this Article, the court shall specificallyindicate to a juvenile and his parents or a foster parent that in the event they fail to fulfil theirobligations, the pronounced measure of intensive supervision may be substituted by anothereducational measure.Referral to an educational facilityArticle 18When the court refers a juvenile to an educational facility, the juvenile shall stay there noless than six months and no longer than three years. While ordering this measure, the court shallnot decide on its duration, but shall decide on it subsequently.

7Referral to an educational-corrective institutionArticle 19When the court refers a juvenile to an educational-corrective institution, the juvenile shallstay there not less than one year and no longer than five years. While imposing this measure, thecourt shall not decide on its duration, but shall decide on it subsequently.Conditional release from an educational-corrective institutionArticle 20(1) The juvenile, who spent at least one year in an educational-corrective institution, may beconditionally released by the court order, if on the grounds of his achievement in education andcorrection it may be expected that in future he will not commit any criminal acts and that he willbehave properly in his social environment.(2) The court may decide to place a juvenile under a certain measure of intensive supervisionduring his conditional release.(3) The conditional release shall last no longer than the legal time limit of a stay in aneducational-corrective institution unless the court suspends this measure prior to its execution orsubstitutes it with another measure.(4) If during the period of a conditional release, the juvenile does not respect the obligationsordered to him along with the measure of intensive supervision, or he performs so poorly ingeneral so that his stay outside the educational-corrective institution is no longer justifiable, thecourt may revoke the conditional release. The time spent on a conditional release shall not becredited towards the legal duration of the imposed correctional measure.Referral to a special institutionArticle 21When the court orders a juvenile to a special institution, the juvenile shall stay there aslong as it is necessary for his medical treatment or rehabilitation and the necessity for his furtherstay in this institution shall be reviewed when he attains legal age.Suspension of execution and modification of the decision on correctional measuresArticle 22If for certain measures nothing else has been stipulated and taking into consideration theresults achieved by reeducation, the measure of intensive supervision or the institutional measuremay be suspended of execution or may be substituted with another measure in order to achievebetter re-educational results. With regard to institutional measures, the suspension of execution orthe substitution with another measure shall be executed with limitations as follows:1. measure of referral to an educational facility prior to the lapse of a six month period maynot be suspended of execution and it may only be substituted before the lapse of this

8period by the juvenile’s referral to an educational-corrective institution or a specialinstitution;2. measure of referral to an educational-corrective institution prior to the lapse of a one yearperiod may not be suspended of execution and until the lapse of this period it may only besubstituted by the referral of a juvenile to a special institution.Reviewing the decision on correctional measuresArticle 23(1) If more than two years have elapsed since the decision to pronounce a measure ofintensive supervision or the institutional measure came into effect and the execution has notcommenced, the court shall review the decision on the necessity to execute the pronouncedmeasure. In this respect, the court may decide that the previously pronounced measure shall beexecuted, shall not be executed, or shall be substituted with another measure.(2) The measure of referral to a disciplinary center for juveniles shall not be executed if morethan six months have elapsed since coming into effect of the decision by which that measure hasbeen pronounced and if its execution has not commenced.Pronouncing an educational measure for criminal acts in concurrenceArticle 24(1) If a juvenile has committed more criminal acts in concurrence, the court shall assess allthese criminal acts at once and shall pronounce one of the educational measures stipulated by theLaw instead of pronouncing a separate measure for each criminal act.(2) The court shall proceed in the same manner if, after the correctional measure ispronounced, it is established that prior to or after the measure is imposed, the juvenile hascommitted a criminal act.Determining of juvenile custody punishmentArticle 25(1) When determining the sentence to a senior juvenile, the court shall take into considerationall the circumstances that may influence the type of the sentence particularly bearing in mind thelevel of juvenile’s mental development and the time necessary for his upbringing, reeducationand vocational training.(2) When determining the sentence to a senior juvenile for a particular criminal act, the courtmay not pronounce a juvenile custody for a term exceeding that of the period of imprisonmentprescribed for that criminal act, but the court shall not be bound by the minimum punishmentstipulated by the Law.(3) If a senior juvenile commits several criminal acts in concurrence and the court finds thatthe punishment of juvenile custody should be pronounced for each criminal act, it shall determinethe sentence according to its free assessment and within the limits of its maximum legal measure.If the court finds that a senior juvenile should be sentenced for a certain criminal act in

9concurrence and that for other criminal acts it should pronounce educational measures, the courtshall pronounce only a sentence of juvenile custody for all criminal acts.(4) The court shall act in the same manner if, after the sentence is pronounced, it isestablished that, prior to or after its pronouncement, the juvenile has committed a criminal act.Execution of the punishment of juvenile custodyArticle 26(1) Senior juveniles serve the punishment of juvenile custody in special educationalcorrectiveinstitutions where they may stay until the age of 23. If their term is not completed bythat time, they shall be transferred to a penitentiary for adults. In exceptional cases, a person whoattains the age of 23 may remain in a special educational-corrective institution but only if this isnecessary to complete his schooling or vocational training.(2) The selection of a job for convicted juveniles shall be made in accordance with theirabilities and talents for a particular type of job but depending on the possibilities offered by aspecial educational-corrective institution.(3) The working hours of convicted juveniles shall be determined in such a manner as toenable their schooling and vocational training but to leave enough time for physical educationand leisure.(4) The convicted person may be released on parole after he has completed one third of histerm but not before he has spent one year in an educational-corrective institution. During arelease on parole, the court may order a measure of intensive supervision by the guardianshipbody. The provisions from Article 10 of this Law shall apply in case of revocation of a release onparole.Duration of an educational measure imposed on an adultArticle 27If, pursuant to Article 81 and 82 of the SFRY Criminal Law, an institutional educationalmeasure is imposed on an adult, he may not stay in an educational facility or in an educationalcorrectiveinstitution after he attains the age of 23.Effect of educational measures and the juvenile custody punishmentArticle 28The persons who are serving term in an educational-corrective institution or thepunishment of juvenile custody may not, during that period, exercise their elective franchise normay they perform any electoral functions in government agencies, administrative bodies inassociated labor organizations or in any other self-management organizations or associations.

10C h a p t e r VEXPLANATION OF TERMS IN THIS LAWArticle 29(1) The territory of the Socialist Autonomous Province of Kosovo means the land surface,water surface within its borders and the airspace above them.(2) An official means:a) a person who performs or executes official duties in an agency of socio-politicalcommunity or in another government agency;b) an elected person in an agency of socio-political community or the person appointedin the executive or another agency of socio-political community;c) an authorized person in the organization of associated labor or in another legal entityentrusted with the execution of public authority by law or municipal assemblydecision executed within the authority of particular duty and passed pursuant to thelaw;d) another person performing particular official duties on the basis of authority stipulatedby the Law or other provisions passed pursuant to the Law.(3) An official also means a military person appointed as such under special regulations,when the criminal acts in question are perpetrated by an official person but which are notstipulated as criminal acts committed by military persons, or as criminal acts against the armedforces.(4) A military person means: a conscript during his service, a military academy student, ajunior officer, a senior officer or a military official; a person who, while being recruited by themilitary in the reserve unit, performs military duty and a civilian who performs a particularmilitary duty.(5) A responsible person means a person in the organization of associated labor or anotherlegal entity who, as pertaining to his duties, or on the basis of special authorization within theorganization, has been entrusted with certain duties, with regards to implementing legalregulations, or the regulations as stipulated by Law, community agreements or a selfmanagementact of the organization, i.e. a legal entity administering public property, or in viewof administering production or other economic processes, and their supervision. A responsibleperson also means an official as per Para 2 of this Article, in respect to the duties performed byan appointed responsible person which are not stipulated in the chapter on criminal actspertaining official function, i.e. as criminal acts of an official as stipulated in other chapters ofthis Law.(6) When an official or a responsible person is identified as a perpetrator of a criminal act, allpersons stated in Para 2 and 3 of this Article may be considered as perpetrators of these acts,unless it is evident from the legal features of a particular act that the perpetrator may be only oneof those persons.(7) Public property means all the means and facilities in community ownership, such asproduction means and other means of associated labor, and community generated revenue, themeans for meeting all common and general needs, as well as the commonly used naturalresources and goods. Public property also includes the property entrusted to the governmentagency, an organization of associated labor, or another legal entity, or it is in their possessionpursuant to another legal basis.

11(8) A corporate legal entity means:- any organization of associated labor, its communities and associations- a local community, a self-management interest group and organizations founded asseparate organizations by such groups and organizations, for carrying out credit andbanking transactions and other financial transactions, for property and personal insuranceas well as other financial organizations;- socio-political organizations and other organizations as stipulated by Law, which maygenerate and utilize the public revenue- any other organization or community which generates and utilizes public revenue, andwhich is a recognized legal entity.(9) Self-management enactments mean community contracts and self-managementagreements that regulate self-management enactment terms as well as other enactments oforganizations of associated labor, and other self-management organizations and associations.(10) A document means any object, which is appropriate for, or is established to serve as theproof of certain facts having a legal value.(11) A valuable paper is defined as a tax stamp, tax paper and another valuable paper printedand circulated pursuant to the law of the Socialist Autonomous Province of Kosovo.(12) A moveable thing means any generated or collected energy for providing light, heat ormovement.(13) A force means an application of hypnosis or sedatives, with the aim of bringing a person,against his will, into an unconscious state or incapacitating him from giving resistance.(14) A motor vehicle means any means of engine operated transportation in land, water andair traffic.(15) Elections include the elections of members and delegates in the bodies of organizationsof associated labor, delegations in the self-management organizations and associations, delegatesin the councils of socio-political community assemblies, as well as delegations in the selfmanagementinterest group assemblies, which equally decide along with the competent councilsof socio-political community assemblies, as well as the elections of delegates to the FederalCouncil and the Council of the Republics and Provinces, the elections of members for thePresidency of the Socialist Autonomous Province of Kosovo, and the members for the Presidencyof the Socialist Federative Republic of Yugoslavia from the Socialist Autonomous Province ofKosovo.P A R T IIC h a p t e r V ICRIMINAL ACTS AGAINST LIFE AND BODYMurderArticle 30(1) Whoever takes another person’s life shall be punished with at least five years ofimprisonment.(2) The term of imprisonment of at least ten years or a death penalty shall be pronouncedagainst:

12(1) a person who takes another person’s life in a brutal or insidious manner;(2) a person who takes another person’s life and while doing so intentionally endangerslife of one or more persons;(3) a person who takes another person’s life for personal gain, in order to commit orconceal another criminal act, out of ruthless revenge or malice.(4) a person who takes another person’s life out of blood feud 1 ;(5) a person who takes another person’s life in wanton and violent manner;(6) a person who takes the life of an official or a military person while he is performingthe tasks of public security and enforcing law and order, while capturing a crimeperpetrator or guarding an arrested person, or a person who takes the life of a personwho, under the law or other provisions, performs the tasks pertaining to social selfprotection2 .(3) The punishment as per Para 2 of this Article shall be imposed on a person who committedseveral premeditated murders, excluding those stipulated in Articles 33 and 34 of this Lawdisregarding the fact that he is being tried for all the murders by the application of the regulationsrelating to concurrence or the fact that he was previously convicted of another murder.Aiding a juvenile in the commission of the criminal act of murderArticle 31Whoever premeditatedly aids a juvenile in the commission of a criminal act of murder fromArticle 30, Para 2 of this Law and the crime is committed shall be punished with at least 10 yearsof imprisonment or with death penalty.Preparatory activities for a criminal act of murderArticle 32Whoever premeditatedly prepares the commission of a criminal act of murder from Article 30of this Law, shall be punished with six months to five years of imprisonment.Provoked homicideArticle 33Whoever is provoked to take another person’s life, having been brought, not by his own fault,to a state of exasperation caused by an attack or a serious insult of the killed person, shall bepunished with one to 10 years of imprisonment.1 vendetta2 a specific term used in the legislation of former Yugoslavia

13ManslaughterArticle 34Whoever takes another person’s life out of negligence shall be punished with six months tofive years of imprisonment.InfanticideArticle 35(1) A mother who, while in the state of disorder caused by the delivery, takes the life of hernewly born child during the delivery or immediately after the delivery, shall be punished withthree months to three years of imprisonment.(2) An attempt shall be punished.Aiding and abetting a suicideArticle 36(1) Whoever aids or abets another person to commit a suicide, and the suicide is committed,shall be punished with one to five years of imprisonment.(2) Whoever commits the act from Para 1 of this Article against a juvenile who attained 14years of age or against a person, who is in the state of diminished responsibility, shall bepunished with one to 10 years of imprisonment.(3) If the act from Para 1 of this Article is committed against a juvenile who has not attainedthe age of 14 or against a mentally incompetent person, the perpetrator shall be punished pursuantto Article 30, Para 1 of this Law.(4) Whoever treats another person, who in some way depends on him, in a cruel or inhumanmanner, and as a result of such treatment the latter commits a suicide that can be ascribed to theperpetrator’s negligence, shall be punished with six months to five years of imprisonment.(5) If a suicide is only attempted as a result of the acts from Para 1 to 4, the court maypronounce a less severe sentence.Illegal abortionArticle 37(1) Whoever, in contravention with legal regulations on abortion, carries out an abortion,starts an abortion or helps a pregnant woman have an abortion, with her consent, shall bepunished with three months to three years of imprisonment.(2) Every unauthorized person who carries out an abortion with the consent of a pregnantwoman shall be punished with six months to five years of imprisonment.(3) Whoever carries out or starts an abortion on a pregnant woman, without her consent, shallbe punished with one to eight years of imprisonment.(4) If the consequence of the acts from Para 1 to 3 of this Article is death, serious bodilyinjury or severe damage to the health of a woman undergoing abortion, the perpetrator shall be

14punished with six months to five years of imprisonment for the act from Para 1 of this Article,and with at least three years of imprisonment for the act from Para 2 and 3 of this Article.Serious bodily injuryArticle 38(1) Whoever inflicts a serious bodily injury on another person or seriously damages his healthshall be punished with six months to five years of imprisonment.(2) Whoever inflicts a serious bodily injury on another person or damages his health soseverely that his life is consequently endangered or destroyed or an important part or organ of hisbody is permanently or considerably weakened, or the injured person is permanentlyincapacitated for work or mutilated or his health is permanently or severely damaged, shall bepunished with one to 10 years of imprisonment.(3) If the injured person succumbs to the injuries from Para 1 and 2 of this Article, theperpetrator shall be punished with one to 12 years of imprisonment.(4) Whoever commits the act from Para 1 and 2 of this Article out of negligence shall bepunished with up to three years of imprisonment.(5) Whoever commits the act from this Article, without any deliberation, having beenprovoked, not by his own fault, to a state of exasperation by an attack or a serious insult by theinjured person, shall be punished for the act from Para 1 with up to three years of imprisonmentand for the act from Para 2 and 3 with one to five years of imprisonment.Light bodily injuryArticle 39(1) Whoever inflicts a light bodily injury on another person or lightly damages his healthshall be punished with up to one year of imprisonment.(2) If such an injury has been inflicted with a weapon, dangerous tool or another means thatcan potentially inflict serious bodily injuries or severely damage health, the perpetrator shall bepunished with up to three years of imprisonment.(3) The court may reprimand the perpetrator for the act from Para 2 of this Article, if theperpetrator was provoked by indecent or rude behavior of the injured person.(4) The proceedings for the act from Para 1 of this Article shall be undertaken by privateprosecution.Taking part in a brawlArticle 40Whoever takes part in a brawl in which someone’s life is taken or a serious bodily injuryhas been inflicted on another person shall be punished for the participation itself with threemonths to three years of imprisonment.

15Threat with a dangerous tool in a brawl or a quarrelArticle 41Whoever in a brawl or a quarrel reaches out for a weapon, dangerous tool or anothermeans that can potentially inflict serious bodily injury or severely damage health shall be fined orpunished with up to six months of imprisonment.Exposure to dangerArticle 42(1) Whoever abandons a helpless person in a life-threatening condition or circumstances, thathe himself had caused, shall be punished with three months to three years of imprisonment.(2) If the person exposed to such danger consequently dies or sustains a serious bodily injuryor his health is severely damaged, the perpetrator shall be punished with one to eight years ofimprisonment.Abandoning a helpless personArticle 43(1) Whoever abandons a helpless person, that is placed under his care or for whom heassumed responsibility to take care of, in life or health-threatening circumstances shall bepunished with three months to three years of imprisonment.(2) If, as a consequence, the abandoned person dies or sustains serious bodily injury or hishealth is severely damaged, the perpetrator shall be punished with one to eight years ofimprisonment.Denial of helpArticle 44Whoever fails to help the person who is in an immediate life-threatening situation,although he was able to do it without exposing himself or anyone else to danger, shall bepunished with up to one year of imprisonment.

16C h a p t e r V I ICRIMINAL ACTS AGAINST RIGHTS AND FREEDOM OF MAN AND CITIZENViolation of equality of languages and scriptsArticle 45(1) Whoever denies or limits the right of a citizen to equal application or use of the languageor script, as stipulated by the Constitution, Law, another regulation or a self-managementenactment, shall be punished with up to one year of imprisonment.(2) If the act from Para 1 of this Article is committed by an official while performing officialduty, he shall be punished with up to three years of imprisonment.CoercionArticle 46(1) Whoever, by means of force or a serious threat, makes another person do or not dosomething or makes him suffer shall be fined or punished with up to one year of imprisonment.(2) The proceedings shall be undertaken by private prosecution.Limitation of freedom of movement out of revengeArticle 47(1) Whoever limits the freedom of movement of the perpetrator of a criminal act or of hisrelatives, by demonstrating an intention to take revenge, shall be punished with six months to fiveyears of imprisonment.(2) In case of reconcilement, the prosecution shall not be pursued and if it was pursued, itshall be suspended.Endangering the safetyArticle 48(1) Whoever endangers the safety of another person by means of a serious threat to life orbody of that person or his close relative shall be fined or punished with up to six months ofimprisonment.(2) Whoever commits the act from Para 1 of this Article against several persons, a juvenileor out of blood feud or a ruthless revenge, or if the act causes disturbance of citizens or in anyother particularly grave case, shall be punished with three months to five years of imprisonment.(3) The proceedings for the act from Para 1 of this Article shall be undertaken by privateprosecution.

17Unauthorized taking of photographsArticle 49(1) Whoever, without authorization, takes a photograph, shoots a film or by any other photoor film equipment records another person or his private premises without his consent, thusconsiderably encroaching upon his private life, or whoever directly hands or discloses suchrecordings to the third person or in any way enables the third person to be introduced to itdirectly, shall be fined or punished with up to one year of imprisonment.(2) The proceedings shall be undertaken by private prosecution.Unauthorized disclosure of a secretArticle 50(1) A lawyer, a defense attorney, a physician or another medical staff member, or any otherperson who, without authorization, discloses a secret learned while performing his duty shall bepunished with up to one year of imprisonment.(2) A person who commits the act from Para 1 of this Article but discloses the secret inpublic interest or for the benefit of another person, which prevails over the interest of keeping thesecret, shall not be punished.(3) The proceedings shall be undertaken by private prosecution.Violation of right to submit a legal remedyArticle 51(1) Whoever, while performing his working obligations, prevents another person from usinghis right to lodge an appeal or any other legal remedy, a request or a petition shall be punishedwith up to one year of imprisonment.(2) If the act from Para 1 of this Article is committed by an official person through abuse ofoffice or authorities, he shall be punished with three months to three years of imprisonment.C h a p t e r V I I ICRIMINAL ACTS AGAINST SELF-MANAGEMENT RIGHTSViolation of elective franchiseArticle 52Whoever unlawfully fails to register another person in a voters register or deletes himfrom that register with the intent to unable him to exercise his elective franchise, shall bepunished with up to one year of imprisonment.

18Violation of freedom of choice in votingArticle 53(1) Whoever, by means of force or a serious threat, bribery or in any other illegal manner,forces another person or influences him to exercise or not exercise his elective franchise or tovote for or against a particular candidate or a proposal at elections, during voting on revocation orat a referendum, shall be punished with up to one year of imprisonment.(2) If the act from Para 1 of this Article is committed by a member of a voting committee orby any other person who is performing electoral duties or duties pertaining to voting shall bepunished with three months to three years of imprisonment.(3) Whoever, after the elections, voting on revocation or a referendum, holds a voterresponsible for voting at his own discretion or requests him to state for whom he voted or why hedid not vote, shall be fined or punished with up to one year of imprisonment.Abuse of elective franchiseArticle 54Whoever, at elections, while voting on revocation or at a referendum, votes instead ofanother person under this person’s name or votes more than once during the same elections orvoting shall be fined or punished with up to one year of imprisonment.Violation of secrecy of voteArticle 55(1) Whoever, during the elections, voting on revocation or a referendum, violates thesecrecy of vote shall be fined or punished with up to six months of imprisonment.(2) If the act from Para 1 of this Article is committed by a member of a voting committeeor by any other person who is performing electoral duties or duties pertaining to voting shall bepunished with up to three years of imprisonment.Forgery of election or voting resultsArticle 56A member of a voting committee, electoral commission, committee in charge of holding areferendum or any other person performing electoral duties or duties pertaining to voting, whoduring the elections, voting on revocation or a referendum changes a number of votes by addingor subtracting ballots or votes at counting or announces election or voting results which do notcorrespond with voting, shall be punished with up to three years of imprisonment.

19Destruction of documents on elections and votingArticle 57Whoever, at elections, during voting on revocation or a referendum, destroys, damages orconceals a document on elections or voting or any other item intended for elections or voting,shall be fined or punished with up to one year of imprisonment.C h a p t e r I XCRIMINAL ACTS AGAINST EMPLOYMENTViolation of workers’ rightsArticle 58Whoever consciously fails to comply with law or other regulations or self-managementenactments on employment or cessation of employment, on personal income or other incomeearned through employment, on working hours, leave or absence, protection of women, youthand handicapped persons at work, or on restrictions on overtime work or night work and by thatdeprives a worker of the right which he is entitled to or limits his right, shall be fined or punishedwith up to one year of imprisonment.Violation of social security rights 3Article 59Whoever consciously fails to comply with law or other regulations or self-managementenactments on social security and by that limits or deprives another person of the right which heis entitled to by these regulations, shall be fined or punished with up to one year of imprisonment.Abuse of social security rightsArticle 60Whoever by faking or inflicting illness or work disability on himself achieves that, basedon social security, the right which he is not entitled to by law or other regulations or selfmanagementsenactments, is recognized to him, shall be fined or punished with up to one year ofimprisonment.3 In former Yugoslavia legal terminology, the term social security covers health, welfare and social security.

20Violation of rights during the temporary unemploymentArticle 61Whoever consciously fails to comply with law, other regulations or self-managementenactments on the rights of the citizens during the temporary unemployment, and by that deniesor limits the rights to which he is entitled by these regulations, shall be fined or punished with upto one year of imprisonment.Failing to undertake protection measures at workArticle 62(1) A responsible person in the organization of associated labor or other organization orlabor community, or a self-employed person running his private small business, who consciouslyfails to comply with law, other regulations or self-management enactments on protectionmeasures at work, although he is aware that this could be hazardous for life or health of workers,shall be fined or punished with up to one year of imprisonment.(2) While pronouncing a suspended sentence, the court may impose a legal condition onthe perpetrator to comply with the regulations on the protection measures at work within a certaina time limit.Non-execution of the decision to return an employee to his work postArticle 63An official or a responsible person or a person running his private small business whofails to comply with the decision in effect according to which an employee is to be returned to hiswork post shall be punished with three months to three years of imprisonment.C h a p t e r XCRIMINAL ACTS AGAINST HONOR AND REPUTATIONDefamationArticle 64(1) Whoever divulges or spreads anything untruthful that can harm another person’shonor and reputation shall be fined or punished with up to six months of imprisonment.(2) If the act from Para 1 of this Article is committed through press, radio, television,other means of public information and communication or by any similar means or at the publicgathering, the perpetrator shall be punished with up to one year of imprisonment.(3) If untruthful information, that is divulged or spread, is of such significance that itcaused or may have caused great consequences for the injured party, the perpetrator shall bepunished with three months to three years of imprisonment.

21(4) If the accused person proves the truthfulness of his claims or if he proves that he hadreasonable grounds to believe that the information he divulged or spread was true, he shall not bepunished for the defamation but he may be punished for insult (Article 65), or for undervaluationof this person through mentioning his criminal acts (Article 67).(5) Whoever divulges or spreads the information that another person had committed acriminal act for which he is prosecuted ex officio shall be punished for defamation despite the factthat he had reasonable grounds to believe in truthfulness of the information he divulged or spreadunless the act of divulging or spreading had not been done as stipulated by Article 68, Para 2 ofthis Law. The truthfulness of the fact that a person had committed a criminal act for which he isprosecuted ex officio can be proved only by a sentence in effect, or by other means of evidenceonly if the prosecution or a trial is not possible or permitted.InsultArticle 65(1) Whoever insults another person shall be fined or punished with up to three months ofimprisonment.(2) If the act from Para 1 of this Article is committed through press, radio, television,other means of public information and communication or by any similar means or at the publicgathering, the perpetrator shall be fined or punished with up to six months of imprisonment.(3) If the insulted person returned the insult, the court may sentence or acquit one or bothparties.Disclosure of personal and family mattersArticle 66(1) Whoever divulges or spreads any information on personal or family life of anotherperson, which may harm his reputation shall be fined or punished with up to six months ofimprisonment.(2) If the act from Para 1 of this Article is committed through press, radio, television,other means of public information and communication or by any similar means or at the publicgathering, the perpetrator shall be punished with up to one year of imprisonment.(3) If the information, that is divulged or spread, is of such significance that it caused ormay have caused great consequences for the injured party, the perpetrator shall be punished withthree months to three years of imprisonment.(4) The truthfulness or untruthfulness of the information that is divulged or spreadregarding personal or family life of any person, may not be demonstrated except as stipulated inArticle 68, Para 3 of this Law.Undervaluation through mentioning a criminal actArticle 67(1) Whoever, with the intention to undervalue another person, mentions that the lattercommitted a criminal act or that he was sentenced for a criminal act in the past, or discloses this

22to someone with the same intention, shall be fined or punished with up to three months ofimprisonment.(2) If the act from Para 1 of this Article is committed through press, radio, television,other means of public information and communication or by any similar means or at the publicgathering, the perpetrator shall be fined or punished with up to six months of imprisonment.Non-punishable cases of criminal acts from Articles 64 to 66Article 68(1) A person who speaks about another person in an insulting manner in the scientific,literary or art work, in a review, while performing official duty, journalist tasks, political, selfmanagementor other public duties, while defending certain rights or during the protection ofjustifiable interests, shall not be punished if the manner of the expression used or othercircumstances do not indicate the intention of undervaluation.(2) In the cases from Para 1 of this Article, a person shall not be punished for divulging orspreading the information that another person committed a criminal act for which this person isprosecuted ex officio although there is no sentence in effect (Article 64, Para 5), if he proves thatthere were grounds to believe in truthfulness of the information he divulged or spread.(3) A perpetrator shall not be punished for divulging and spreading the information onprivate or family matters committed while performing official duty, political, self-management orother public duties, while defending certain rights or during the protection of justifiable interestsif he proves the truthfulness of his claim, or if he proves that there were grounds to believe intruthfulness of the information he divulged or spread.Pronouncing a court reprimand for criminal acts from Articles 64 to 67Article 69The court may reprimand a perpetrator of a criminal act from Articles 64 to 67 of thisLaw particularly in the case when the perpetrator has been provoked by indecent or rude behaviorof the injured party, if he apologizes to the injured party before the court or he expresses hisreadiness to do so, in the cases of criminal acts from Articles 64 and 66 of this Law and if herevoked what he divulged or spread before the court.Damage to the reputation of the Socialist Autonomous Province and the Socialist RepublicArticle 70(1) Whoever exposes the Socialist Autonomous Province of Kosovo, its highest bodies orthe representatives of these bodies to derision shall be punished with three to three years ofimprisonment.(2) Whoever exposes the Socialist Republic, its flag, coat of arms, or its national anthem,its highest bodies or the representatives of these bodies or the Socialist Autonomous Province ofVojvodina, its highest bodies or the representatives of these bodies to derision shall be punishedas per Para 1 of this Article.

23Exposure of nations and nationalities 4 of Yugoslavia to derisionArticle 71Whoever exposes the nations or nationalities of the Socialist Federative Republic ofYugoslavia or ethnic groups living on its territory to derision shall be punished with three monthsto three years of imprisonment.Prosecution for criminal acts against honor and reputationArticle 72(1) The proceedings for the acts from Articles 64 to 67 of this Law shall be undertaken byprivate prosecution.(2) If the acts from Articles 64 to 66 of this Law are committed against the governmentagency, socio-political community, self-management interest group, an official or a militaryperson, or against a person entrusted with socio-political or self-management functions in theseorganizations pertaining to their office or their functions, the prosecution shall be pursued exofficio.(3) If the acts from Article 64 to 66 of this Law are committed against a deceased person,the proceedings shall be undertaken by private prosecution, by a spouse, children, parents,brothers or sisters of the deceased person or a person who lived in common-law marriage withthe deceased person.Announcement of a court verdict by means of public mediaArticle 73While pronouncing a verdict for the act of defamation inflicted through the press, radio,television, other means of public information and communication or any similar means, upon theplaintiff’s request, the court may decide to have the verdict, as a whole or in part, announcedthrough the same means or in another appropriate manner at the expense of the convicted person.C h a p t e r X ICRIMINAL ACTS AGAINST PERSONAL DIGNITY AND MORALITYRapeArticle 74(1) Whoever compels to sexual intercourse a female person with whom he does not live ina marriage community by force or by threat to directly assault her life or body, or the life or bodyof a person close to her, shall be punished with one to ten years of imprisonment.4 ‘Nations’ stands for ethnic majorities such as Serbs, Croats etc. and ‘nationalities’ stands for ethnic minorities i.e.Albanians, Hungarians etc.

24(2) If the act from Para 1 of this Article resulted in a serious bodily injury or a death of thefemale person or if the act was committed by several persons or in a particularly cruel orhumiliating manner, the perpetrator shall be punished with at least three years of imprisonment.Coercion to sexual intercourseArticle 75Whoever compels to sexual intercourse a female person with whom he does not live in amarriage community by a serious threat that he will disclose information about that person or aperson close to her that could harm their honor or reputation, or by a serious threat of some othergrave malice, shall be punished with six months to five years of imprisonment, if there are nolegal features of another criminal act.Sexual intercourse with a helpless personArticle 76(1) Whoever commits a sexual intercourse with a female person with whom he does notlive in a marriage community by taking advantage of her mental disease, temporary mentaldisorder, infirmity or any other state of that person due to which she is incapable of resistanceshall be punished with three months to five years of imprisonment.(2) If the act from Para 1 of this Article resulted in a serious bodily injury or a death of thefemale person or if the act was committed by several persons or in a particularly cruel orhumiliating manner or in any other particularly grave case, the perpetrator shall be punished withat least one year of imprisonment.Sexual intercourse or unnatural lechery with a person under 14 years of ageArticle 77(1) Whoever commits a sexual intercourse or unnatural lechery against a person under 14years of age shall be punished with six months to five years of imprisonment.(2) Whoever commits the act from Para 1 of this Article against a helpless person under14 years of age or by use of force or a threat to directly assault life or body of that person or aperson close to him/her shall be punished with at least three years of imprisonment.(3) If the act from Para 1 and 2 of this Article resulted in a serious bodily injury or a deathof a juvenile or if the act was committed by several persons or in a particularly cruel orhumiliating manner or in any other particularly grave case, the perpetrator shall be punished withat least five years of imprisonment.

25Sexual intercourse or unnatural lechery through abuse of officeArticle 78(1) Whoever compels to sexual intercourse or unnatural lechery a female person in anyway subordinated or dependent on him through abuse of his official position shall be punishedwith three months to three years of imprisonment.(2) A teacher, educator, foster parent, adoptive father, step father or any other person whocommits a sexual intercourse or unnatural lechery against a juvenile over 14 years of ageentrusted to him for teaching, education, custody or care shall be punished with six months tofive years of imprisonment.(3) If the act from Para 2 of this Article is committed against a person under 14 years ofage, the perpetrator shall be punished with one to eight years of imprisonment.Obscene behaviorArticle 79Whoever in cases from Articles 74 to 78 of this Law acts in an obscene manner shall bepunished with up to three years of imprisonment.SeductionArticle 80(1) Whoever by making false promises of marriage makes a juvenile female who attainedthe age of 14 to sexual intercourse shall be punished with three months to three years ofimprisonment.(2) The proceedings shall be undertaken by private prosecution.Unnatural lecheryArticle 81(1) Whoever compels another person to unnatural lechery by use of force or a threat todirectly assault life or body of that person or a person close to him/her shall be punished with oneto ten years of imprisonment.(2) If the act from Para 1 of this Article resulted in a serious bodily injury or a death of acompelled person or if the act was committed by several persons or in a particularly cruel orhumiliating manner or in any other particularly grave case, the perpetrator shall be punished withat least three years of imprisonment.(3) For the act of unnatural lechery between male persons, the perpetrator shall bepunished with up to one year of imprisonment.

26Pandering or rendering the possibility of lechery commissionArticle 82(1) Whoever panders a juvenile shall be punished with three months to five years ofimprisonment.(2) Whoever renders a possibility for lechery with a juvenile shall be punished with up tothree years of imprisonment.(3) Whoever panders a female person for a reward or who renders the possibility oflechery commission for a reward shall be punished as stipulated by Para 2 of this Article.(4) If the act from Para 3 of this Article is committed against a juvenile, the perpetratorshall be punished with one to ten years of imprisonment.C h a p t e r X I ICRIMINAL ACTS AGAINST MARRIAGE AND FAMILYBigamyArticle 83(1) Whoever, being already married, contracts a new marriage shall be punished withthree months to three years of imprisonment.(2) Whoever contracts a marriage with a person for whom he/she knows that is alreadymarried shall be punished with the same penalty.Rendering the possibility for contracting illegitimate marriageArticle 84An official person authorized to contract marriages or a registrar who while performinghis official duty consciously allows the illegitimate or non-valid marriage, or the marriageconsidered under the law as non-existent, to be contracted shall be punished with three months tothree years of imprisonment.Coercion to contract a marriageArticle 85(1) Whoever compels a female person to contract a marriage shall be punished with up toone year of imprisonment.(2) If the female person is a juvenile, the perpetrator shall be punished with six months tothree years of imprisonment.

27Common-law marriage with a juvenileArticle 86(1) An adult who lives in a common-law marriage with a juvenile who attained the age of14 shall be punished with three months to three years of imprisonment.(2) A parent, an adoptive parent or a foster parent who allows a juvenile who attained theage of 14 to live in a common-law marriage with another person or induces him/her to do so shallbe punished with the same penalty.(3) If the act from Para 2 of this Article is committed for personal gain, the perpetratorshall be punished with one to five years of imprisonment.(4) If the marriage has been contracted, the prosecution shall not be pursued, and if it hasbeen pursued, it shall be suspended.Taking away of a juvenileArticle 87(1) Whoever unlawfully retains or takes away a juvenile from his parents, adoptive parentor the institution or a foster parent of this juvenile or who obstructs the enforcement of thedecision on of a juvenile shall be punished with up to one year of imprisonment.(2) Whoever commits the act from Para 1 of this Article for personal gain or for othermalicious motives shall be punished with one to ten years of imprisonment.Change in the family statusArticle 88(1) Whoever changes the family status of a child by substitution or by substitution of achangeling or in any other way changes the family status of a child, shall be punished with threemonths to three years of imprisonment.(2) An attempt shall be punished.Evasion of alimonyArticle 89(1) Whoever evades paying alimony for the person whom he is obligated to support onthe basis of the decision in effect or settlement in effect settled before the court or anotherauthorized body shall be punished with up to one year of imprisonment.(2) In a particularly grave case from Para 1 of this Article, the perpetrator shall bepunished with three months to three years of imprisonment.(3) While pronouncing a suspended sentence, the court may impose a legal condition onthe perpetrator to settle the due payments and to regularly pay alimony.

28Violation of family obligationsArticle 90(1) Whoever, by a severe violation of his family obligations as stipulated by Law,abandons a member of family who is not able to take care of himself shall be punished with threemonths to three years of imprisonment.(2) If this results in a death of a member of a family or his health is severely damaged, theperpetrator shall be punished with one to eight years of imprisonment.(3) While pronouncing a suspended sentence, the court may impose a legal condition onthe perpetrator to regularly fulfill his obligation as stipulated by Law.IncestArticle 91Whoever commits a sexual intercourse with a blood relative in direct line or with abrother or a sister shall be punished with three months to three years of imprisonment.C h a p t e r X I I ICRIMINAL ACTS AGAINST HUMAN HEALTHPollution of soilArticle 92(1) Whoever, by violating the regulations on protection and improvement of humanenvironment, pollutes the soil significantly or in a large area, and by that causes hazard forhuman life or health or causes the destruction of animal or floral environment to a larger extent,shall be punished with up to three years of imprisonment.(2) A responsible person in the organization of associated labor, socio-politicalorganization, local community or any other self-management organization or association who, byviolating the regulations on protection and improvement of human environment, allowsconstruction, putting in operation, or who by operating pollutes the soil, or if he in any other wayfails to undertake the measures to prevent the pollution of the soil, or if there is a pollution of thesoil that considerably surpasses the allowed limits causing hazard for human life or health orcauses the destruction of animal or floral environment to larger extent, shall be punished with sixmonths to five years of imprisonment.(3) If the act from Para 1 and 2 of this Article is committed out of negligence, theperpetrator shall be fined or punished with up to one year of imprisonment.(4) While pronouncing a suspended sentence for the act from Para 2 and 3 of this Article,a legal condition may be imposed on the perpetrator to undertake certain measures for protection,care and improvement of the human environment within a certain time limit.

29Transmission of contagious diseaseArticle 93(1) Whoever fails to comply with the regulations or orders with which the authorizedbody or organization orders check-ups, disinfections, separation of sick persons, or any othermeasures for prevention of spreading the contagious diseases among people and by that causesthe transmission of contagious disease, shall be punished with up to one year of imprisonment.(2) Whoever fails to comply with the regulations or orders from Para 1 of this Article inregard to prevention of contagious diseases among animals that may cause transmission of acontagious disease to humans shall be punished with the same penalty.(3) If the act from Para 1 and 2 of this Article is committed out of negligence, theperpetrator shall be fined or punished with up to six months of imprisonment.Non-compliance with health regulations during an epidemicArticle 94Whoever, during an epidemic of a dangerous contagious disease, fails to comply withregulations or orders that regulate the measures for its prevention shall be fined or punished withup to six months of imprisonment.Transmission of a venereal diseaseArticle 95(1) Whoever, knowing that he has been infected by a venereal disease, transmits thisdisease to another person by committing a sexual intercourse or in any other way shall bepunished with up to one year of imprisonment.(2) The proceedings shall be undertaken by private prosecution.Employment of persons infected with a contagious diseaseArticle 96(1) Whoever in hospital, maternity hospital, boarding school, school, any otherorganization of associated labor, store, or a similar organization in which people handle the foodproducts or which performs sanitary services, in contravention with health regulations, employsor keeps employed a person infected by a contagious disease or an infected person and by thatcauses transmission of a contagious disease shall be punished with up to one year ofimprisonment.(2) If the act from Para 1 of this Article is committed out of negligence, the perpetratorshall be fined or punished with up to six months of imprisonment.

30Unconscientious treatment of a patientArticle 97(1) A physician who, while providing medical care, applies evidently inappropriatemedicine or evidently inappropriate treatment, or fails to apply appropriate sanitary measures oracts in unconscientious manner in general, and by that causes deterioration of health condition ofa person, shall be punished with up to three years of imprisonment.(2) Other medical staff members who, while providing medical care or while performingother medical duties, act in unconscientious manner and by that cause deterioration of healthcondition of a person, shall be punished with the same penalty.(3) If the act from Para 1 and 2 of this Article is committed out of negligence, theperpetrator shall be punished with up to one year of imprisonment.Failing to provide medical careArticle 98(1) A physician who, contrary to his medical duty, fails to provide medical care to aperson in need of such care, and who is in an immediate life-threatening condition shall bepunished with up to three years of imprisonment.(2) If the act from Para 1 of this Article results in death or serious bodily injury of aperson who was not provided with medical care, or in a serious damage of his health, theperpetrator shall be punished with six months to five years of imprisonment.QuackeryArticle 99Whoever provides medical treatment or medical care without having a proper educationshall be fined and punished with up to one year of imprisonment.Production and selling of harmful food productsArticle 100(1) Whoever produces, sells or markets in any other way harmful food products, food orbeverages or any other product harmful for human health shall be punished with three months tothree years of imprisonment.(2) If the act from Para 1 of this Article is committed out of negligence, the perpetratorshall be fined or punished with up to six months of imprisonment.(3) Harmful food products shall be seized.

31Unconscientious inspection of meat food productsArticle 101(1) A veterinary or any other authorized veterinary staff who unconscientiously inspectsthe cattle for slaughter or meat intended for food production or, contrary to the regulations, doesnot perform the inspection and by that enables that the meat harmful for human health is open tomarket, shall be punished with up to one year of imprisonment.(2) If the act from Para 1 of this Article is committed out of negligence, the perpetratorshall be fined or punished with up to one year of imprisonment.Pollution of drinking water and food productsArticle 102(1) Whoever by harmful substance pollutes the drinking water or food products and bythat causes a hazard for human life or health shall be punished with three months to three years ofimprisonment.(2) If the act from Para 1 of this Article is committed out of negligence, the perpetratorshall be fined or punished with up to six months of imprisonment.Serving alcoholic beverages to juvenilesArticle 103(1) Whoever in a bar, restaurant or a similar place or in any other place that sells alcoholicbeverage serves liquor to a juvenile under 16 years of age or serves him another alcoholicbeverage in the quantity that could result in a drunkenness shall be fined or punished with up tosix months of imprisonment.(2) Whoever commits the act from Para 1 of this Article against a juvenile who is alreadydrunk shall be punished with up to one year of imprisonment.Serious criminal acts against human healthArticle 104(1) If the acts from Article 92, Para 1 and 2; Art. 93, Para 1 and 2; Art. 96, Para 1; Art. 97,Para 1 and 2; Art. 99 and 100, Para 1; Art. 101, Para 1 and Art. 102, Para 1 of this Law result in aserious bodily injury of a person or his health is severely damaged, the perpetrator shall bepunished with one to ten years of imprisonment.(2) If the acts from Article 92, Para 1 and 2; Art. 93, Para 1 and 2; Art. 96, Para 1; Art. 97,Para 1 and 2; Art. 99 and 100, Para 1; Art. 191, Para 1 and Art. 192, Para 1 of this Law result in adeath of one or more persons, the perpetrator shall be punished with at least three years ofimprisonment.(3) In a particularly grave case of the act from Para 2 of this Article, the perpetrator shallbe punished with at least five years or twenty years of imprisonment.

32(4) If the acts from Article 92, Para 3; Art. 93, Para 3; Art. 96, Para 2; Art. 97, Para 3; Art.100, Para 2; Art. 101, Para 2 and Art. 102, Para 2 of this Law result in a serious bodily injury of aperson or his health is severely damaged, the perpetrator shall be punished with six months tofive years of imprisonment.(5) If the acts from Article 92, Para 3; Art. 93, Para 3; Art. 96, Para 2; Art. 97, Para 3; Art.100, Para 2; Art. 101, Para 2 and Art. 102, Para 2 of this Law result in a death of one or morepersons, the perpetrator shall be punished with one to eight years of imprisonment.C h a p t e r X I VCRIMINAL ACTS AGAINST ECONOMYUnconscientious business managementArticle 105(1) A responsible person in the organization of associated labor that performs businessoperations or any other legal entity that performs such operations, who by consciously violatingthe regulations, social contracts, self-management enactment or a decision of self-managementbodies or by the execution of decisions by the self-management bodies for which this personknows they are in contradiction with the law, or in any other way evidently actsunconscientiously in managing the business, in the organization of production process or theorganization of labor process, or in a view to utilizing the public property or care of this propertyand if this person was aware or if he may have been aware that this could result in a propertydamage for the organization of associated labor or a legal entity, and that this damage occurs inthe amount exceeding 10000 dinars, shall be fined or punished with up to three years ofimprisonment.(2) If the act from Para 1 of this Article results in property damage in the amountexceeding 100 000 dinars, or the financial rehabilitation process has been started or the legalentity is undergoing bankruptcy proceedings, the perpetrator shall be punished with six months tofive years of imprisonment.Causing bankruptcyArticle 106(1) A responsible person in the organization of associated labor that performs businessoperations or any other legal entity that performs such operations, which in spite of knowing thatthe organization or a legal entity is insolvent, causes bankruptcy of the organization of associatedlabor or a legal entity by non-rational spending of funds or by selling the assets at bargain prices,by excessive loan taking, by accepting excessive obligations, by inconsiderate contracting or recontractingthe insolvent partners or by failing to timely collect debit claims, shall be punishedwith one to five years of imprisonment.(2) If the act from Para 1 of this Article is committed out of negligence, the perpetratorshall be punished with three months to three years of imprisonment.

33Causing damage to creditorsArticle 107(1) A responsible person in the organization of associated labor that performs businessoperations or any other legal entity that performs such operations, that in spite of knowing theorganization or a legal entity has become insolvent, through the payment of debt or in any otherway puts a particular creditor in a more favorable position, thereby causing considerable damageto other creditors of the organization of associated labor or a legal entity, shall be punished withsix months to three years of imprisonment.(2) A responsible person in the organization of associated labor that performs businessoperations or any other legal entity that performs such operations, that in spite of knowing thatthe organization or a legal entity has become insolvent, and with the intention to deceive or causedamage to the creditors, recognizes a false claim, draws up false contracts or by any otherfraudulent act causes damage to creditors of the organization of associated labor or a legal entity,shall be punished with six months to five years of imprisonment.(3) In a particularly grave case of the act from Para 1 and 2 of this Article, the perpetratorshall be punished with one to ten years of imprisonment.Abuse of authorization in economyArticle 108(1) A responsible person in the organization of associated labor that performs businessoperations or any other legal entity that performs such operations with the intention of acquiringunlawful material gain for the organization of associated labor or a legal entity in which he isemployed, or for another organization or another legal entity:1) creates or holds illegal funds in the country or abroad;2) falsely presents the situation, money flow and the business results byproducing documents with untrue content, false balance sheets, evaluations orthrough the inventory, or with other false presentation or concealment of thefacts, thereby misleading the management authorities in the organization ofassociated labor or any other legal entity while making management policydecisions;3) puts an organization of associated labor or a legal entity into a more favorableposition when obtaining funds or other benefits that would not have beenrecognized pursuant to the effective regulations;4) withholds the funds belonging to the community while performing taskspertaining to the social community;5) utilizes the funds at his disposal contrary to their purpose;6) in any other way severely abuses his authorization pertaining to utilization andmanagement of the public property,shall be punished with six months to five years of imprisonment.(2) In a particularly grave case of the act from Para 1 of this Article, the perpetrator shallbe punished with one to ten years of imprisonment.

34Conclusion of a harmful contractArticle 109(1) Whoever, while acting as a delegate or a representative of the organization ofassociated labor performs business operations, or any other legal entity which performs suchduties, concludes a contract knowing that it is damaging for the organization of associated laboror a legal entity, or if he concludes a contract contrary to his authorization thereby causingdamage to the organization of associated labor or a legal entity, shall be punished with sixmonths to five years of imprisonment.(2) If the perpetrator of the act from Para 1 of this Article received bribe or in any otherparticularly grave case, he shall be punished with at least one year of imprisonment.Disclosure and unauthorized procurement of a business secretArticle 110(1) Whoever reveals or delivers or in any other way makes the information which isconsidered as a business secret accessible or who procures this kind of information with intentionto deliver it to an unauthorized person shall be punished with threes to five years of imprisonment.(2) If the act from Para 1 of this Article is committed for personal gain or in case ofhighly confidential information or for publishing or for the purpose of using the informationabroad, the perpetrator shall be punished with at least one year of imprisonment.(3) If the act from Para 1 and 2 of this Article has been committed out of negligence,the perpetrator shall be punished with up to three years of imprisonment.(4) The business secret means the information which is under the law, anotherregulation, general enactment or by a decision of an authorized body, recognized as a businesssecret as well as the information which is not recognized as a business secret but which revealing,due to its importance, may evidently cause harmful consequences for the economy.Unlawful taking possession of public propertyArticle 111(1) Whoever unlawfully takes possession of public property shall be fined or punishedwith up to one year of imprisonment.(2) If the captured property is a part of a forest under protection, a national park or anyother forest 5 intended for a special purpose, the perpetrator shall be punished with three monthsto three years of imprisonment.5 Probably meaning any other area intended for a special purpose

35Damaging of residential and business buildings and premisesArticle 112(1) Every resident, tenant, manager, owner, superintendent or a responsible person ofresidential or business premises management who removes or damages exterior or interiordevices, installations or their parts from residential or business buildings or from residential orbusiness premises or considerably reduces the usability of buildings or premises or makes themunusable, shall be fined or punished with up to one year of imprisonment.(2) If the act from Para 1 of this Article results in the damage exceeding the amount of30,000 dinars, the perpetrator shall be punished with three months to three years ofimprisonment.Forgery and use of counterfeited marks for value and valuable papersArticle 113(1) Whoever produces forged marks for value or valuable papers issued pursuant to theregulations in the province or the republic or who alters any of these genuine marks with theintention of using them as genuine or to give them to another person for use or whoever uses suchmarks as genuine or obtains them with such an intention shall be punished with one to ten yearsof imprisonment.(2) If the act from Para 1 of this Article results or could have resulted in economicdysfunction, the perpetrator shall be punished with five to 20 years of imprisonment.(3) Whoever by removing a seal by which the marks from Para 1 of this Article areannulled or who by applying any other means tries to make these marks look as if they had notbeen used in order to use them again or who utilizes these used marks or sells them as if theywere valid, shall be punished with up to three years of imprisonment.(4) False marks for value and valuable papers shall be seized.Production, procurement or dispossession 6 of means 7 for forgeryArticle 114(1) Whoever produces, obtains, sells or lends for use the means for forgery of marks forvalue or valuable papers from Article 113 of this Law shall be punished with six months to fiveyears in prison.(2) The means for forgery shall be seized.6 Possible mistake in the original, probably “sale” of ….7 devices used for forging the marks for value etc.

36Deceit of buyersArticle 115(1) Whoever with the intention to deceive a buyer markets the products with a labelcontaining data not corresponding with the content, type, origin or quality of the product ormarkets the products which by their weight or quality do not correspond with what is normallyassumed for these products or markets the products without the labels on contents, type, origin orquality of the product when this label is required, shall be fined and punished with up to threeyears of imprisonment.(2) Whoever with the intention to deceive the buyer falsely announces the bargain price ofthe products or sale or that the rise of prices is anticipated or in any other way uses falseadvertising shall be fined or punished with up to one year in prison.Illicit tradeArticle 116(1) Whoever, without a trade license, procures the products or any other goods in largequantities or value intended for sale, or who is involved in trade to a larger extent or in mediationin trade or in representing domestic organizations of associated labor in the exchange of goodsand services without authorization, shall be fined or punished with up to three years ofimprisonment.(2) Whoever is involved in the sale of goods which production he unauthorizedlyorganized shall be punished with the same penalty.(3) Whoever sells, buys or exchanges the products or goods, the trade of which isprohibited or limited, shall be punished with three months to five years of imprisonment.(4) If the perpetrator of the act from Para 1 to 3 of this Article has organized themiddleman or mediator network or if it has resulted in material gain exceeding 30,000 dinars, heshall be punished with one to eight years of imprisonment.(5) The products and goods of illicit trade shall be seized.Illicit productionArticle 117(1) Whoever produces or processes the products which production or processing is illicitshall be fined or punished with up to three years of imprisonment.(2) The products and means for production and processing shall be seized.Illicit exploitation of laborArticle 118(1) Whoever, while performing private business, with the intention to usurp the results ofanother person’s labor consciously violates the regulations on prohibition or limitation of extra-

37work of other persons in such a business, shall be fined and punished with up to three years ofimprisonment.(2) Whoever, with the intention to usurp the results of another person’s labor, or who,contrary to the regulations and for a reward, organizes the employment of workers abroad shallbe punished with the penalty from Para 1 of this Article.Illicit use of apartmentsArticle 119(1) Whoever, as a tenancy right holder, except in the case of transfer of the civilianproperty to a family house or to its particular part, exchanges or in any other way gives anapartment in concession to another person for obtaining the tenancy right in order to gain materialbenefit for himself, shall be fined and punished with up to three years of imprisonment.(2) If the perpetrator from Para 1 of this Article takes advantage of difficult livingconditions, necessity, light-mindness or insufficient experience of another person, he shall befined and punished with three months to five years of imprisonment.(3) Whoever without authorization and for a reward mediates in concession or in theexchange of residential or business premises shall be punished with the penalty from Para 2 ofthis Article.(4) The contracts on selling the objects and other contracts in which material gain forconcession or exchange is hidden shall also be considered as contracts for gaining materialbenefit for concession or exchange of apartment.Violation of price regulationsArticle 120(1) Whoever sells the products or goods or provides services at the prices, which aresignificantly higher than it is stipulated shall be fined and punished with up to three years ofimprisonment.(2) An attempt shall be punished.(3) The products or goods which were a subject of this matter may be seized.Privileged treatment of buyersArticle 121(1) Whoever, in the organization of associated labor or commercial store during theperiod of shortages of particular goods, or when there is a danger of short supply of goods withthe intention to give privileged treatment to individual buyers, does not display the goods for saleor withholds their sale or sells disproportionally large quantities of goods to a particular buyer orwho consciously favors individual buyers by advising them of impending increase or decrease ofprices shall be fined or punished with up to three years of imprisonment.(2) If the act from Para of this Article results in the disturbance of citizens, the perpetratorshall be punished with six months to five years of imprisonment.

38Incorrect measuringArticle 122(1) Whoever, in buying or selling, with the use of false weights or measures or in anyother way incorrectly measures the goods or sells the goods in a smaller quantity for the price ofa larger quantity shall be fined or punished with up to one year of imprisonment.(2) If the perpetrator intended to gain more than 1,000 dinars, he shall be punished for thecriminal act of fraud from Article 140 of this Law.Tax evasionArticle 123(1) Whoever, with the intention to make it possible for himself or for another person toevade, in full or in part, the payment of tax, contributions, social security or any other stipulatedcontributions, provides false information on his legally earned income, on matters or other factsrelevant to determining these obligations or who with the same intention in the case of obligatorytax report fails to report his legally earned income or a matter or any other fact relevant fordetermining these obligations, and if the amount of the obligation, which payment is evaded,exceeds 10,000 dinars, shall be fined and punished with up to three years of imprisonment.(2) If the evaded amount from Para 1 of this Article exceeds 50,000 dinars, the perpetratorshall be fined and punished with one to ten years of imprisonment.Production of hazardous means for livestock and poultry medical treatmentArticle 124(1) Whoever produces for the purpose of sale or markets the means for the medicaltreatment or prevention of epidemics of livestock and poultry, which are hazardous for their lifeor health, thereby resulting in death of livestock or poultry of significant value, shall be punishedwith three months to three years of imprisonment.(2) If the act from Para 1 of this Article is committed out of negligence, the perpetratorshall be fined or punished with up to six months of imprisonment.Unconscientious veterinary assistanceArticle 125(1) A veterinary or an authorized veterinary staff who while providing veterinaryassistance prescribes or applies an evidently inappropriate means or evidently inappropriatetreatment or generally provides unconscientious treatment thereby causing the death of livestockof significant value, shall be punished with up to three years of imprisonment.(2) If the act from Para 1 of this Article is committed out of negligence, the perpetratorshall be fined or punished with up to six months of imprisonment.

39Spreading of contagious disease among animals, plants and treesArticle 126(1) Whoever during an epidemic of a livestock disease which may endanger livestockbreeding fails to act in accordance with the decision of the competent body made pursuant to theregulations of the province or the republic stipulating the measures for disease prevention, shallbe punished with up to one year of imprisonment.(2) Whoever during the period of hazard of disease and pests that may endanger plant andanimal life fails to act in accordance with the decision of the competent body made pursuant tothe regulations of the province or the republic stipulating the measures for disease or pestprevention, shall be punished with the penalty from Para 1 of this Article.(3) If the act from Para 1 and 2 of this Article results in considerable damage, theperpetrator shall be punished with up to three years of imprisonment.(4) If the act from Para 1 to 3 of this Article has been committed out of negligence, theperpetrator shall be fined or punished with up to one year of imprisonment.Contamination of livestock feed or waterArticle 127(1) Whoever by using hazardous substance contaminates the livestock feed or water inrivers, springs, wells, tanks or other water used for watering the livestock, poultry or gamethereby endangering the life or health of the above mentioned animals, shall be fined or punishedwith up to one year of imprisonment.(2) Whoever by using hazardous substance contaminates the water in fishponds, lakes,rivers and springs, thereby endangering the survival of fish shall be punished with the samepenalty.(3) If the act from Para 1 and 2 of this Article results in death of livestock, poultry or fishof significant value, the perpetrator shall be punished with three months to three years ofimprisonment.Destruction of plantations by the use of hazardous substanceArticle 128Whoever by using hazardous substance causes the destruction of plants, fruit trees or anyother plantation, thereby causing the damage of large proportions shall be punished with up tothree years of imprisonment.Devastation of forestsArticle 129(1) Whoever, contrary to the regulations or orders of competent bodies, fells or clears theforests, or who lime-whitens the tree trunks or devastates the forests in any other way shall bepunished with up to one year of imprisonment.

40(2) Whoever commits the act from Para 1 of this Article in the protected forest, nationalpark or in other forests with special purpose shall be punished with three months to three years ofimprisonment.Forest theftArticle 130(1) Whoever, for the purpose of theft, fells one or more trees in a forest and the quantityof timber felled exceeds one cubic meter shall be fined or punished with up to one year ofimprisonment.(2) If the act from Para 1 of this Article is committed with an intention to sell the timberfelled, or if the quantity of the timber felled exceeds 5 cubic meters, or if the act is committed inthe protected forest, national park or in other forests with special purpose, the perpetrator shall befined and punished with three months to three years of imprisonment.PouchingArticle 131(1) Whoever hunts during the closed season or in a region where hunting is prohibitedshall be fined or punished with up to six months of imprisonment.(2) Whoever without authorization hunts on another person’s hunting ground and kills orwounds game or catches it alive shall be punished with up to one year of imprisonment.(3) If the act from Para 2 of this Article is committed against the tall game, the perpetratorshall be punished with three months to three years of imprisonment.(4) Whoever hunts rare or endangered species whose hunting has been prohibited or who,without a special license, hunts a particular species for whose hunting such a license is requiredor who hunts in the manner or by means whereby game is massively destroyed shall be punishedwith up to three years of imprisonment.Illicit fishingArticle 132(1) Whoever catches fish by using explosives, electricity, poison or stupefying agents orwho catches fish thereby causing the death of fish to a larger extent or who catches the fish in themanner which is harmful for their propagation, shall be punished with up to three years ofimprisonment.(2) The catch and the fishing tools shall be seized.

41Imposing a punishment of property confiscationArticle 133While convicting for the acts from Article 109, Para 2; Article 110, Para 2; Article 113,Para 1 and 2; Article 116, Para 4 and Article 123, Para 2 of this Law, the court may impose thepunishment of property confiscation on the perpetrator.C h a p t e r X VCRIMINAL ACTS AGAINST PROPERTYLarcenyArticle 134(1) Whoever takes away another person’s movable property with the intention to obtainunlawful material gain for himself or for another person by its appropriation shall be punishedwith three months to five years of imprisonment.(2) If the perpetrator has returned the stolen movable property to the injured party beforelearning that the criminal procedure has been instituted, the court may exempt him from penalty.Grand larcenyArticle 135(1) The perpetrator of the act of larceny (Article 134) shall be punished with one to tenyears of imprisonment if the larceny was committed:1) by breaking into or by forcing the door of buildings, rooms, strongbox, cupboardsor other closed spaces or by overcoming other major obstacles in order to reachthe objects;2) by several persons who have associated themselves to commit a larceny;3) in a particularly dangerous or impudent manner;4) by a person who was in possession of a weapon or a dangerous tool for an assaultor defense;5) during the fire, flood or any similar disaster;6) by taking advantage of a helpless person or person in trouble;(2) If the value of the stolen objects exceeds the amount of 30,000 dinars, the perpetratorof the act of larceny (Article 134) shall be punished with the same penalty.BurglaryArticle 136Whoever is caught in the act of committing larceny, and with the intention to keep thestolen objects, and who uses force against the person or threatens to directly assault life or body,shall be punished with one to twelve years of imprisonment.

42RobberyArticle 137Whoever, by using force against another person or by threatening to directly assault hislife or body, takes away another person’s movable property with the intention to obtain anunlawful profit for himself or for another person by its appropriation, shall be punished with atleast three years of imprisonment.Grave cases of burglary and robberyArticle 138(1) If, while committing burglary or robbery, a serious bodily injury was inflicted withintent on another person or if the robbery was committed within a group, the perpetrator shall bepunished with at least five years of imprisonment.(2) If, while committing burglary or robbery, another person’s life was taken with intent,the perpetrator shall be punished with at least ten years of imprisonment or a death penalty.MisappropriationArticle 139(1) Whoever with the intention to obtain unlawful material gain for himself or for anotherperson appropriates another person’s movable property entrusted to him shall be punished withup to three years of imprisonment.(2) If this act is committed by a foster parent, he shall be punished with three months tofive years of imprisonment.(3) If the value of misappropriated objects exceeds the amount of 30,000 dinars, theperpetrator shall be punished with one to eight years of imprisonment.(4) Whoever with the intention to obtain material gain for himself or for another personappropriates another person’s movable property which he has found or which he accidentallycame into possession of, shall be fined or punished with up to one year of imprisonment.(5) If the misappropriated objects are in private property, for the act from Para 1 and 4 ofthis Article, the proceedings shall be undertaken by private prosecution.FraudArticle 140(1) Whoever with the intention to obtain unlawful material gain for himself or for anotherperson deceits a person by falsely presenting or concealing the facts or keeps him deceived, andthus induces him to do or not to do something detrimental to his or another person’s propertyshall be punished with three months to five years of imprisonment.(2) If the damage exceeds the amount of 30,000 dinars, the perpetrator shall be punishedwith one to ten years of imprisonment.

43(3) Whoever commits the act from Para 1 of this Article only with the intention to inflictdamage on another person shall be fined or punished with up to one year of imprisonment.PlunderArticle 141(1) Whoever commits one or more criminal acts of grand larceny, robbery, burglary orfraud, against public property, private property or a legal entity, which is under special protectionby law or who commits one or more criminal acts of abuse of office, fraud while performingofficial duty, or frauds stipulated in this Law, in Criminal Laws of Socialist Republics orSocialist Autonomous Province of Vojvodina or in the Criminal Law of Socialist FederativeRepublic of Yugoslavia if the value of stolen or obtained objects or obtained material gainexceeds the amount of 100,000 dinars in total shall be punished with at least three years ofimprisonment.(2) In a particularly grave case of the act from Para 1 of this Article, the perpetrator shallbe punished with five to twenty years of imprisonment.Petty offense of larceny, misappropriation or fraudArticle 142(1) Whoever commits a petty offense of larceny, misappropriation or fraud, shall be finedor punished with up to one year of imprisonment.(2) Larceny, misappropriation and fraud may not be considered as a petty offense, if thevalue of a stolen or misappropriated object exceeds the amount of 1,000 dinars, or if the damagecaused by the fraud exceeds this amount. If the amount does not exceed 1,000 dinars, the larceny,misappropriation and fraud may be considered as a petty offense when the perpetrator intended togain petty material gain.(3) The court may reprimand the perpetrator especially in the event the larceny ormisappropriation is committed for immediate spending or use for himself or his family members,or if the perpetrator has returned the object or compensated the damage caused by this criminalact.(4) If the act from Para 1 of this Article is committed against private property, theproceedings shall be undertaken by private prosecution.Appropriation of a motor vehicleArticle 143Whoever unlawfully takes away another person’s motor vehicle with the intention to useit for driving shall be punished with three months to five years of imprisonment.

44Appropriation of another person’s objectArticle 144(1) Whoever without the intention to gain material benefit unlawfully takes away orappropriates another person’s movable object shall be fined or punished with up to one year ofimprisonment.(2) If the appropriated object is in private property, the proceedings shall be undertakenby private prosecution.Damaging another person’s objectArticle 145(1) Whoever damages, destroys or makes another person’s object unusable shall be finedor punished with up to three years of imprisonment.(2) If the damage exceeds the amount of 30,000 dinars, the perpetrator shall be punishedwith six months to five years of imprisonment.(3) If the act from Para 1 of this Article is committed against private property, theproceedings shall be undertaken by private prosecution.Unconscientious taking care of public propertyArticle 146(1) Whoever takes care of the objects in public property entrusted to him in an evidentlyunconscientious manner and if he is aware or his duty is to be aware or he could have been awarethat it may result in the loss, destruction or damage of the object, and the damage occurs in theamount exceeding 10,000 dinars shall be fined or punished with up to one year of imprisonment.(2) If the act from Para 1 of this Article results in material loss exceeding 100,000 dinars,the perpetrator shall be punished with three months to three years of imprisonment.Unlawful dispossession and appropriation of public propertyArticle 147(1) Whoever, to the detriment of public property, gives a gift, commission or a reward orin any other way dispossesses public property for the benefit of another person which value is inevident disproportion with the invested labor or it does not originate from labor at all, if there areno features of any other criminal act, shall be punished with up to three years of imprisonment.(2) Whoever in the cases from Para 1 of this Article receives money or any other materialbenefit, and if there are no legal features of another criminal act, shall be punished with the samepenalty.

45Abuse of confidenceArticle 148(1) Whoever while representing property interests of another person or while taking careof his property fails to perform his duty or abuses the powers vested in him with the intention toobtain material gain for himself or for another person or to inflict damage on the person whoseproperty interests he is representing or whose property is in his care shall be punished with threemonths to three years of imprisonment.(2) If the act from Para 1 of this Article is committed by a foster parent or an attorney, heshall be punished with six months to five years of imprisonment.ExtortionArticle 149(1) Whoever, with the intention to obtain unlawful material gain for himself or for anotherperson by force or a serious threat, compels any person to do or not to do something detrimentalto his or another person’s property shall be punished with three months to five years ofimprisonment.(2) In a particularly grave case, the perpetrator shall be punished with one to ten years ofimprisonment.BlackmailArticle 150Whoever, with the intention to obtain unlawful material gain for himself or for anotherperson, threatens a third person with the disclosure of something against him or the persons closeto him which may harm their honor or reputation and thus compels him to do or not to dosomething detrimental to his or someone else’s property shall be punished with three months tofive years of imprisonment.Contracting disproportionate profitArticle 151(1) Whoever while lending money or other expendable goods contracts disproportionateprofit shall be fined and punished with up to three years of imprisonment.(2) Whoever without authorization lends money or other expendable goods to a largerextent and while doing so contracts a profit shall be punished with the same penalty.(3) Whoever for services rendered to another person obtains or contracts for himself or foranother person disproportionate profit taking advantage of person’s difficult material condition,difficult living condition, hardships, insufficient experience or lightmindedness shall be fined andpunished with three months to five years of imprisonment.(4) In a particularly grave case from Para 3 of this Article, the perpetrator shall be finedand punished with one to ten years of imprisonment.

46Infringement on another person’s rightsArticle 152(1) Whoever with the intention to thwart the exercise of the entitlement to goodsappropriates, destroys, damages or takes away his goods upon which another person has a rightof pledge or a right to enjoy, thereby harming him, shall be fined or punished with up to one yearof imprisonment.(2) Whoever with the intention to thwart the repayment of the creditor in the course offorced execution appropriates, destroys, damages or conceals the parts of his property therebyharming the creditor shall be punished with the same penalty.(3) If the private individuals are the injured party, the proceedings for the acts from Para 1and 2 of this Article shall be undertaken by private prosecution.Destruction or concealment of archival recordsArticle 153Whoever destroys, conceals or renders unusable archival records, or takes them abroadwithout previous authorization of a competent body shall be punished with three months to fiveyears of imprisonment.ConcealmentArticle 154(1) Whoever buys, receives as a pawn, or obtains in any other way, conceals or circulatesan object, for which he knows that it has been obtained through a criminal act, or the proceeds ofits sale or barter trade shall be punished with up to three years of imprisonment.(2) Whoever commits the act from Para 1 of this Article, even though he had known thatthe object has been obtained through a criminal act shall be fined or punished with up to one yearof imprisonment.(3) Whoever buys, receives as a pawn, or obtains in any other way, conceals or circulatesobjects, for which he knows that they have been obtained through a criminal act of robbery or arobbery committed while performing official duty, shall be punished with three months to fiveyears of imprisonment.Prosecution in the event the perpetrator is closely related to the injured partyArticle 155For the criminal acts from Articles 134, 135, 139, Para 3, 140, 143, 144, 145, 148, Para 1,152 and 154 of this Law, if they were committed against the spouse, a direct relative by blood,brother or sister, adoptive parent, adopted child or other persons with whom the perpetrator livesin a common household, the proceedings shall be undertaken by private prosecution.

47Punishment by confiscation of propertyArticle 156For the criminal acts from Articles 135 to 138, 140, Para 2 and 141 of this Law,committed to the detriment of public property, the perpetrator may also be punished with theconfiscation of property.C h a p t e r X V ICRIMINAL ACTS AGAINST GENERAL SECURITY OF PEOPLE AND PROPERTYCausing general dangerArticle 157(1) Whoever by arson, flood, explosion, poison, or poisonous gas, ionizing radiation,motor power or by electrical or by any other generally dangerous act or a generally dangerousmeans, endangers human life or body or the sizeable property, shall be punished with six monthsto five years of imprisonment.(2) An official or responsible person who fails to install the prescribed fire-fightingequipment, safety installation against the explosion, flood, poison, poisonous gases or ionizingradiation, or who fails to keep this equipment in a proper condition, or who fails to activate themin case of emergency or who fails to act in accordance with the safety rules on safety measuresand thereby endangers human life and body or the sizeable property, shall be punished with thepunishment from Para 1 of this Article.(3) If the acts from Para 1 and 2 of this Article are committed at a place where a largenumber of persons is gathered, the perpetrator shall be punished with one to eight years ofimprisonment.(4) If the act from Para 1 to 3 of this Article is committed out of negligence, theperpetrator shall be punished with up to three years of imprisonment.Destruction or damage of communal infrastructure devicesArticle 158(1) Whoever destroys, damages, alters, renders unusable, or removes devices ofcommunal infrastructure, the water, heat, gas or power devices or the communication systeminstallations, thereby causing considerable destruction of life of citizens, shall be punished withsix months to five years of imprisonment.(2) If the act from Para 1 of this Article is committed out of negligence, the perpetratorshall be punished with up to three years of imprisonment.

48Damage of safety equipment at workArticle 159(1) Whoever destroys, damages or removes safety equipment in mines, factories,workshops or at work sites in general thereby endangering the human life and body or thesizeable property, shall be punished with one to eight years of imprisonment.(2) A responsible person in a mine, factory, workshop or at another work site who fails toinstall safety equipment or to keep such equipment in proper condition, or who fails to activate itin the case of emergency or who fails to act in accordance with the regulations or the technicalrules on safety at work measures thereby endangering human life and body or the sizeableproperty shall be punished with three months to five years of imprisonment.(3) If the act from Para 1 and 2 of this Article is committed out of negligence, theperpetrator shall be punished with up to three years of imprisonment.(4) While pronouncing a suspended sentence for the act from Para 2 and 3 of this Article,the court may impose a condition on the perpetrator to install the safety equipment within acertain time limit.Irregular and incorrect execution of construction workArticle 160(1) A responsible person who while designing, managing or executing construction workor construction project acts contrary to the regulations or generally recognized technical rules,thereby endangering human life or body, or the sizeable property, shall be punished with threemonths to five years of imprisonment.(2) If the act from Para 1 of this Article is committed out of negligence, the perpetratorshall be punished with up to three years of imprisonment.Damage of damsArticle 161Whoever causes damage to the installations or natural dams serving for the protectionagainst natural disasters shall be punished with up to three years of imprisonment.Destruction, damage or removal of warning signs indicating dangerArticle 162Whoever destroys, damages or removes a warning sign indicating danger, or a signserving the traffic safety purposes, shall be punished with up to one year of imprisonment.

49Failure to avert dangerArticle 163(1) Whoever by timely notification to a competent body or in any other way fails toundertake measures to avert a fire, flood, explosion or traffic accident or other danger to humanlife or body or the sizeable property, even though he may have done this without exposinghimself or another person to danger, shall be punished with up to one year of imprisonment.(2) Whoever by dissuasion or in any other way prevents another person from undertakingmeasures to avert fire, flood, explosion, traffic accident or another danger to human life and bodyor the sizeable property shall be punished with three months to three years of imprisonment.Serious criminal acts against public securityArticle 164(1) If the act from Articles 157, Para 1 to 3, 158, Para 1, 159, Para 1 and 2 and 160, Para 1of this Law results in a serious bodily injury of a person or in the sizeable property loss, theperpetrator shall be punished with one to ten years of imprisonment.(2) If the act from Articles 157, Para 1 to 3, 158, Para 1, 159, Para 1 and 2 and 160, Para 1of this Law results in the death of one or more than one person, the perpetrator shall be punishedwith at least three years of imprisonment.(3) In a particularly grave case of the act from Para 2 of this Article, the perpetrator shallbe punished with five to twenty years of imprisonment.(4) If the act from Articles 157, Para 3, 158, Para 2, 159, Para 3 and 160, Para 2 of thisLaw results in a serious bodily injury of a person or in the sizeable property loss, the perpetratorshall be punished with up to five years of imprisonment.(5) If the act from Articles 157, Para 3, 158, Para 2, 159, Para 3 and 160, Para 2 of thisLaw results in the death of one or more than one person, the perpetrator shall be punished withone to eight years of imprisonment.C h a p t e r X V I ICRIMINAL ACTS AGAINST THE SAFETY IN TRAFFICEndangering the public trafficArticle 165(1) A participant in the road traffic, who fails to comply with traffic regulations, and thusendangers the public traffic to such an extent to endanger human life or body, or the sizeableproperty, thereby inflicting light bodily injury to another person or causing property damageexceeding 10,000 dinars, shall be punished with up to three years of imprisonment.(2) Whoever, by endangering the rail, marine, tram, trolley, bus traffic or that offuniculars, endangers human life or body, or the sizeable property, shall be punished with sixmonths to five years of imprisonment.

50(3) If the act from Para 1 and 2 of this Article is committed out of negligence, theperpetrator shall be punished with up to one year of imprisonment.Endangering the public traffic due to intoxicationArticle 166(1) Whoever operates a motor vehicle while being intoxicated by alcohol or otherintoxicants and if as a result he is evidently incapable of safe driving and due to that endangerspublic road traffic so that human life or body or the sizeable property are endangered, shall bepunished with up to three years of imprisonment.(2) If the act from Para 1 of this Article is committed out of negligence, the perpetratorshall be punished with up to one year of imprisonment.Endangering the public traffic by a dangerous act or meansArticle 167(1) Whoever by destroying, removing or inflicting major damage on traffic installations,equipments, signs or signal installations serving the purpose of traffic safety or who by givinginadequate signs or signals, placing obstacles on the traffic lines or in any other way endangerspublic traffic to such an extent that it endangers human life or body or the sizeable property shallbe punished with up to three years of imprisonment.(2) If the act from Para 1 of this Article is committed out of negligence, the perpetratorshall be punished with up to one year of imprisonment.Denial of help to a person injured in a traffic accidentArticle 168(1) The driver of a motor vehicle or other means of transport who leaves without help aperson who was injured by that means of transport or whose injury was caused by that means oftransport, shall be punished with up to one year of imprisonment.(2) If, due to denial of help, the injured person dies or sustains a serious bodily injury, theperpetrator shall be punished with three months to five years of imprisonment.Careless supervision over public trafficArticle 169(1) The responsible person who is entrusted with supervision of the condition andmaintenance of roads and facilities, of means of transport and public transport or who is entrustedwith checking whether drivers meet the conditions prescribed by law, or who is entrusted withpublic transport management, who, by careless performance of execution of his duty, endangershuman life or body or the sizeable property, shall be punished with six months to five years ofimprisonment.

51(2) The responsible person who issues an order for driving or allows driving despiteknowing that the driver due to fatigue, alcohol consumption or other reasons, is not able to drivesafely, or that the vehicle is not in a proper working condition, thus endangering life or body orthe sizeable property shall be punished with the penalty from Para 1 of this Article.(3) If the act from Para 1 of this Article is committed out of negligence, the perpetratorshall be punished with up to three years of imprisonment.Irregular consignment of explosives or inflammable material for transportArticle 170Whoever, contrary to the regulations of the Province or of the Republic on the transport ofexplosives or readily inflammable material, consigns explosives or readily inflammable materialsfor transport by public means of transport or carries himself such materials by using public meansof transport shall be punished with up to one year of imprisonment.Severe criminal acts against traffic securityArticle 171(1) If the act from Articles 165, Para 1 and 2, 166, Para 1, 167, Para 1 and 169, Para 1 and2 of this Law, results in a serious bodily injury of a person or the sizeable property damage, theperpetrator shall be punished with one to ten years of imprisonment.(2) If the act from Articles 165, Para 1 and 2, 166, Para 1, 167, Para 1 and 169, Para 1 and2 of this Law results in death of one or more persons, the perpetrator shall be punished with atleast three years of imprisonment.(3) In a particularly grave case of the act from Para 2 of this Article, the perpetrator shallbe punished with five to twenty years of imprisonment.(4) If the act from Articles 165, Para 3, 166, Para 2, 167, Para 2 and 169, Para 3 of thisLaw results in death of one or more persons, the perpetrator shall be punished with up to fiveyears of imprisonment.(5) If the act from Articles 165, Para 3, 166, Para 2, 167, Para 2 and 169, Para 3 of thisLaw results in death of one or more persons, the perpetrator shall be punished with one to eightyears of imprisonment.C h a p t e r X V I I ICRIMINAL ACTS AGAINST JUDICIARYFailure to report on the preparation of a criminal actArticle 172(1) Whoever knows about the preparation of a criminal act for which five years ofimprisonment or a graver penalty can be pronounced by law, and fails to report it at the timewhen it was still possible to prevent it, and the criminal act is attempted or committed, shall bepunished with up to one year of imprisonment.

52(2) If it is failed to report on the preparation of a criminal act for which a death penaltycan be pronounced by law, the perpetrator shall be punished with six months to five years ofimprisonment.(3) For the act from Para 1 of this Article the following persons shall not be punished: theperpetrator’s spouse, the person with whom the perpetrator lives in common law marriage, hisdirect relative by blood, brother or sister, the adopter or the adoptee. If any of the persons fromthis paragraph is not subject to punishment for failure to report the criminal act from Para 1 ofthis Article, his spouse or the person with whom he lives in common law marriage shall not bepunished either.Failure to report on a criminal act or a perpetratorArticle 173(1) Whoever knows a perpetrator of a criminal act for which the penalty may bepronounced or who knows that such an act has been committed but fails to report it although thetimely identification of the perpetrator of a criminal act depends on such a report shall bepunished with up to three years of imprisonment.(2) An official person or a responsible person who consciously fails to report a criminalact about which he has learned during the performance of his duty, if for that act five years ofimprisonment or a more severe penalty can be pronounced and if this act is prosecuted ex officio,shall be punished with the penalty from Para 1 of this Article.(3) For the criminal act from Para 1 of this Article, the following persons shall not bepunished: the perpetrator’s spouse, the person with whom the perpetrator lives in common lawmarriage, his direct relative by blood, brother or sister, the adopter or the adoptee or theperpetrator’s defense attorney, physician or a confessor. If any of the persons referred to in thisparagraph, except for the defense attorney, physician or a confessor of the perpetrator are not tobe punished for failing to report a criminal act or the perpetrator from Para 1 of this Article, hisspouse or a person with whom he lives in a common law marriage shall not be punished either.Aiding a perpetrator after he has committed the criminal actArticle 174(1) Whoever harbors a perpetrator of a criminal act for which the prosecution isundertaken ex officio or by concealing the tools, traces, objects or in any other way helps him notto be found or any person who harbors a convicted person or undertakes other actions intended toprevent the enforcement of the imposed penalty, security measure or correctional measures ofreferral to an educational facility or an educational-corrective institution shall be punished withup to one year of imprisonment.(2) Whoever aids a perpetrator of a criminal act for which the penalty of over five years ofimprisonment is prescribed shall be punished with three months to three years of imprisonment.(3) Whoever aids the perpetrator of a criminal act for which a death penalty is prescribed,shall be punished with ten years of imprisonment.(4) The penalty for the act from Para 1 of this Article may not be more severe by type orby length than the penalty stipulated for the criminal act committed by the person to whom theaid was given.

53(5) For the criminal act from Para 1 to 3 of this Article, the following persons shall not bepunished: the perpetrator’s spouse, the person with whom the perpetrator lives in common lawmarriage, his direct relative by blood, brother or sister, the adopter or the adoptee. If any of thepersons referred to in this paragraph is not to be punished for the criminal acts from Para 1 to 3 ofthis Article, his spouse or a person with whom he lives in a common law marriage shall not bepunished either for aiding a perpetrator of a criminal act from Para 1 to 3 of this Article.False reportingArticle 175(1) Whoever reports that a certain person had committed a criminal act for which theprosecution is undertaken ex officio, knowing that this person is not the perpetrator, shall bepunished with three months to three years of imprisonment.(2) Whoever, by planting evidence of a criminal act or in any other way causes theprosecution for the criminal act for which the prosecution is undertaken ex officio against aperson for whom he knows that he is not the perpetrator shall be punished with the same penalty.(3) Whoever reports himself as the perpetrator of a criminal act for which the prosecutionis undertaken ex officio although he had not committed it shall be fined or punished with up tothree months of imprisonment.(4) Whoever reports that a criminal act for which the prosecution is undertaken ex officiohas been committed although he knows that this act had not been committed shall be punishedwith the same penalty.Giving a false statementArticle 176(1) Every witness, expert, translator or interpreter who before the court or in minoroffense, disciplinary or administrative proceedings, gives a false statement shall be punished withup to three years of imprisonment.(2) The party who in the course of verifying evidence through hearing of parties in a lawsuit or administrative proceedings gives a false statement and the pronounced decision is basedon this statement, shall be punished with the same penalty.(3) If the false statement has been given in the course of criminal proceedings, theperpetrator shall be punished with three months to five years of imprisonment.(4) If the acts from Para 3 of this Article resulted in particularly serious consequences forthe accused, the perpetrator shall be punished with at least one year of imprisonment.(5) If the perpetrator withdraws his false statement voluntarily before a final decision ispronounced, he shall be fined or punished with up to three months of imprisonment but he mayalso be exempted from penalty.

54Prevention of evidenceArticle 177(1) Whoever with the intention to prevent or complicate establishing of evidence,conceals, destroys or renders unusable another person’s document or another object that serves asevidence partly or completely, shall be punished with up to one year of imprisonment.(2) Whoever with the intention from Para 1 of this Article removes, destroys, damages,dislocates or relocates a border stone, land survey marks or any other mark indicating ownershipof real estate or property or the right to use water, or who with the same intention, positions sucha mark on false location, shall be punished with the same penalty.Violation of proceedings confidentialityArticle 178(1) Whoever without authorization discloses what he has learned by being present duringan action in the course of proceedings or from the file in criminal proceedings, or in otherproceedings before the court, or in administrative or minor offense proceedings, with respect tosomething that is not to be published under the law, or has been declared confidential by the courtdecision or the decision of the competent body shall be fined or punished with up to one year ofimprisonment.(2) Whoever without a court authorization makes public the course of the criminalproceedings against a juvenile, his name or the pronounced decision, shall be punished with thesame penalty.Rebellion of arrested personsArticle 179(1) The persons arrested under the law who gather with the intention to free themselves byforce or to jointly attack the persons in whose custody they have been placed or to, by the use offorce or by threatening to use force directly, compels them to do something or to omit somethingthat is contrary to their duty shall be punished with up to three years of imprisonment.(2) The perpetrator of the act from Para 1 of this Article who uses force or threat shall bepunished with six months to five years of imprisonment.Escape of an arrested personArticle 180Every person arrested under the law who uses force against another person or threatens todirectly attack his life or body and then escapes shall be punished with three months to five yearsof imprisonment.

55Enabling an arrested person to escapeArticle 181(1) Whoever by force, threat, deception or by other means enables the escape of a personarrested under the law shall be punished with three months to five years of imprisonment.(2) If the act from Para 1 of this Article is committed by several associated persons, theyshall be punished with one to eight years of imprisonment.Unlawful enabling of the execution of certain activitiesArticle 182Whoever enables another person to execute certain activities, although he knows that,relating to those activities, an effective security measure is imposed on this person banning himfrom practicing his profession, pursuing his activities or duties, or a protective measure banninghim from executing certain duties, or that the execution of certain activities has been banned asthe legal consequence of the pronounced verdict, shall be punished with three months to threeyears of imprisonment.C h a p t e r X I XCRIMINAL ACTS AGAINST PUBLIC ORDER AND LEGAL COMMUNICATIONPrevention of an official person from executing his official dutiesArticle 183(1) Whoever by force or by threat to directly use force prevents an official person fromexecuting his official duty that he has undertaken within the scope of his authorities, or in thesame manner forces him to execute an official duty, shall be punished with up to three years ofimprisonment.(2) If the perpetrator, while committing the crime from Para 1 of this Article, insults orabuses official person or inflicts a light bodily injury on him, or threatens to use a weapon, shallbe punished with three months to three years of imprisonment.(3) Whoever commits the act from Para 1 and 2 of this Article against an official personwhile he is executing duties pertaining to public or state security or to the duties of maintainingpublic order, capturing of perpetrator of a criminal act, or guarding a person deprived of freedom,shall be punished with three months to five years of imprisonment.(4) An attempt from Para 1 and 2 of this Article shall be punished.(5) If the perpetrator of the act from Para 1 to 3 of this Article was provoked into actionby unlawful or brutal conduct of the official person, he shall be fined or punished with up to sixmonths of imprisonment, but may also be exempted from penalty.

56Attack on an official person while executing security dutiesArticle 184(1) Whoever attacks or seriously threatens to attack an official person while executingduties pertaining to public or state security or to the duties of maintaining public order, or anotherperson who is aiding him in executing these duties, shall be punished with up to three years ofimprisonment.(2) If the perpetrator of the act from Para 1 of this Article inflicts a light bodily injury onan official person or on another person who is aiding him, or threatens to use a weapon, he shallbe punished with three months to five years of imprisonment.(3) If the perpetrator of the act from Para 1 of this Article inflicts a serious bodily injuryon official person or on another person who is aiding him, he shall be punished with one to tenyears of imprisonment.(4) If the perpetrator of the act from Para 1 to 3 of this Article was provoked into actionby unlawful or brutal conduct of the official person or by another person who is aiding him, heshall be fined or punished with up to six months of imprisonment, but may also be exemptedfrom penalty.Participation in the group that prevents an official person fromexecuting official dutiesArticle 185(1) Whoever participates in the group, which through joint action prevents or attempts toprevent an official person from executing official duty, or in the same manner compels him toexecute official duty shall be punished for the participation itself with up to three years ofimprisonment.(2) The leader of the group which commits the act from Para 1 of this Article shall bepunished with one to five years of imprisonment.Incitement to resistanceArticle 186(1) Whoever incites other people to resistance or disobedience to comply with legaldecisions or measures of the government agencies or towards an official person in execution ofhis official duty shall be punished with up to three years of imprisonment.(2) If the act from Para 1 of this Article resulted in the failure to enforce a legal decisionor the measures of government agencies or in considerable difficulties in its enforcement or if theact is committed by the leader of the group, the perpetrator shall be punished with one to fiveyears of imprisonment.

57Failure to comply with an order to leaveArticle 187(1) Every person from the group who fails to leave upon an order of an official person ora military person to disperse in the circumstances when law and order is threatened shall be finedor punished with up to three months of imprisonment.(2) The leader of the group which commits the act from Para 1 of this Article shall bepunished with up to three years of imprisonment.Dissemination of false informationArticle 188(1) Whoever communicates or spreads the false information or allegations with theintention to cause anxiousness or restlessness among citizens or to endanger law and order orcommits this with the intention to prevent the enforcement of the decision and measures bycompetent government agencies or self-management organizations and institutions or to thwartthe trust of citizens in these decisions and measures shall be punished with up to three years ofimprisonment.(2) In a particularly grave case of the act from Para 1 of this Article, the perpetrator shallbe punished with one to five years of imprisonment.Unauthorized possession and use of radio stationArticle 189(1) Whoever, contrary to the regulations on the system of communications, possesses aradio station or uses a radio station without an authorization shall be punished with up to one yearof imprisonment.(2) The perpetrator of the act from Para 1 of this Article who communicates or spreads thefalse information or allegations which led to or may have led to anxiousness among citizens or toendangering law and order shall be punished with up to three years of imprisonment.(3) In a particularly grave case of the act from Para 2 of this Article or if by committingthose acts the legal features from Article 188 of this Law are met, the perpetrator shall bepunished with one to eight years of imprisonment.Violent behaviorArticle 190(1) Whoever, by brutally insulting or abusing another person, by committing violenceagainst another person, provoking a brawl, or by behaving impudently or ruthlessly or in anyother way endangers the tranquility of the citizens or disturbs the public order, and his earlier lifeindicates his affinity to such behavior, shall be punished with three months to three years ofimprisonment.

58(2) If the act from Para 1 of this Article is committed in a group, or if the light bodilyinjury was inflicted on a person during its execution, or if the citizens have been seriouslyhumiliated, the perpetrator shall be punished with six months to five years of imprisonment.Non-participation in elimination of general dangerArticle 191Whoever contrary to the order given by the competent body without a justifiable reasonrefuses to take part in eliminating the threat of fire, flood or a similar general danger, shall befined or punished with up to three months of imprisonment.Removal or damage of the official seal or signArticle 192(1) Whoever removes or damages official seal or sign placed by the authorized official inorder to safeguard the object or premises or whoever without removing or damaging the seal orthe sign enters such a premise or opens the safeguarded object shall be fined or punished with upto one year of imprisonment.(2) An attempt shall be punished.Dispossession or destruction of the official seal or official documentArticle 193(1) Whoever unlawfully dispossesses, conceals, destroys, damages or in any other wayrenders unusable an official seal, book, file or a document that belongs to the competentgovernment agency or the organization of associated labor, another self-managementorganization or institution or is in their possession, shall be punished with up to three years ofimprisonment.(2) An attempt shall be punished.ImpersonationArticle 194(1) Whoever with the intention to obtain material gain for himself or for another person orto inflict some damage on another person impersonates an official person or a military person orwithout authorization wears the insignia of an official or a military person shall be fined orpunished with up to one year of imprisonment.(2) Whoever executes an activity which may be executed only by an authorized official ora military person shall be punished with the same penalty.

59ArbitrarinessArticle 195(1) Whoever arbitrarily obtains any of his rights or the right that in his opinion belongs tohim, shall be fined or punished with up to six months of imprisonment.(2) If the act was committed to the detriment of a citizen, the proceedings shall beundertaken by private prosecution.Agreement to commit a criminal actArticle 196Whoever agrees with another person to commit a particular criminal act for which asentence to five years of imprisonment or a more severe sentence may be pronounced shall bepunished with up to one year of imprisonment.Syndicated crimeArticle 197(1) Whoever organizes a group which aims at committing criminal acts for which asentence to five years of imprisonment or a more severe sentence may be pronounced shall bepunished with three months to five years of imprisonment.(2) Whoever associates himself with a group from Para 1 of this Article shall be punishedwith up to one year of imprisonment.(3) A member of a group who discloses a group before committing a criminal act for thegroup or as its member may be exempted from the penalty.Manufacturing and procuring weapons and means for committing criminal actsArticle 198(1) Whoever manufactures, procures or enables another person to get hold of weapons,explosive substances, or the means required for their production as well as poisons which heknows are intended to be used in committing criminal acts shall be punished with six months tofive years of imprisonment.(2) Whoever produces or makes available to another person a false key, a skeleton key orany other house-breaking device, although he knows that it is intended to be used in committingcriminal acts shall be punished with up to one year of imprisonment.Unlawful possession of weapons or explosive substancesArticle 199(1) Whoever without an authorization manufactures, sells, procures or exchangesfirearms, ammunition or explosive substances or who without an authorization possesses

60firearms, ammunition or explosive substances which procurement is forbidden to citizens, shallbe punished with up to three years of imprisonment.(2) Whoever without an authorization of the competent body possesses or carries two ormore pieces of firearms shall be punished with up to one year of imprisonment.(3) If the subject of the act from Para 1 of this Article is a large amount of firearms,ammunition or explosive substances, the perpetrator shall be punished with one to ten years ofimprisonment.Participation in a group that commits a criminal actArticle 200(1) Whoever participates in a group that through joint action takes another person’s life orinflicts serious bodily injury on that person, commits arson, considerably damages property, orcommits other grave violence, or who attempts to commit such acts, shall be punished for mereparticipation with three months to five years of imprisonment.(2) The leader of the group that commits the act from Para 1 of this Article shall bepunished with one to ten years of imprisonment.Abuse of the signs for help and dangerArticle 201Whoever abuses a sign for help or danger or calls for help for no reason with the intentionto provoke the action of the government agencies, fire-brigades or other competent bodies or tocause the obstruction of the traffic, shall be fined or punished with up to six months ofimprisonment.GamblingArticle 202(1) Whoever gambles professionally or who incites other persons to gamble shall be finedor fined and punished with up to one year of imprisonment.(2) The same penalty shall apply to a person who in exchange for a reward makesavailable premises for gambling or who in any other way enables gambling.(3) Whoever while gambling uses false cards or another deceit shall be fined andpunished with one to five years of imprisonment.(4) The same penalty shall apply to a person who gambles or enables gambling with aperson for whom he knows or may have known that he had obtained the money for gambling bycommitting a criminal act.(5) The objects as well as the money found during the gambling shall be seized.

61Forging a documentArticle 203(1) Whoever makes a forged document or modifies a proper document with the intentionto use it as a proper one, or who uses a forge or modified document as a proper one or procures itfor the purpose of using it, shall be punished with up to three years of imprisonment.(2) An attempt shall be punished.(3) If the act from Para 1 of this Article is committed on an official document, a will, abill of exchange, a cheque, a public or an official register, or any other book, which is to be keptunder the law, the perpetrator shall be punished with three months to five years of imprisonment.Special cases of forging documentsArticle 204The following persons shall be considered to have committed a document forgery andshall be punished as per Article 203 of this Law:1) who without an authorization fills out a paper, form or another object on whichanother person has affixed his signature with a statement having a value for legalrelations;2) who deceits another person regarding the contents of a document and makes thatperson sign this document believing that he is signing another document ordifferent contents;3) who issues a document on behalf of another person without authorization of thelatter or on behalf of a non-existent person;4) who, as the person issuing a document, adds to his signature some informationindicating that he holds a position or rank or a title although he does not hold sucha position or a rank or a title and this has significant influence on the probativeforce of the document;5) who produces a document using a proper seal or sign without an authorization.Certification of untrue contentArticle 205(1) Whoever by misleading a competent body makes this body certify in a publicdocument, minutes or a register something that is untrue which is to serve as evidence in legalcommunication, shall be punished with three months to five years of imprisonment.(2) Whoever uses such a document, minutes or a register although he is aware that theyare untrue, shall be punished with the same penalty.Issuance and use of an untrue medical or veterinary certificateArticle 206(1) A physician or a veterinarian, who issues an untrue medical or veterinary certificatealthough he is aware that it is untrue, shall be punished with up to one year of imprisonment.

62(2) Whoever uses an untrue medical or veterinary certificate although he is aware that isuntrue shall be fined or punished with up to six moths of imprisonment.Quack lawyeringArticle 207Whoever without an authorization and for fee provides legal assistance shall be fined orpunished with up to one year of imprisonment.Illegal performing of wedding ceremonyArticle 208Whoever performs a wedding ceremony according to the regulations of a religiouscommunity prior to the conclusion of a marriage before an authorized government agency shallbe fined or punished with up to one year of imprisonment.Desecration of graveArticle 209Whoever without an authorization digs up, destroys, damages or gravely violates a grave,or another place in which a deceased person is buried shall be fined or punished with up to oneyear of imprisonment.C h a p t e r X XCRIMINAL ACTS AGAINST OFFICIAL DUTYAbuse of officeArticle 210(1) An official person who, with the intention to obtain material gain for himself or foranother person or to inflict damage on another person, uses his official position or theauthorization, exceeds the limits of his official authorization or fails to perform his official duty,shall be punished with three months to three years of imprisonment.(2) If the act from Para 1 of this Article results in severe damage or in a severe violationof another person’s right, the perpetrator shall be punished with three months to five years ofimprisonment.(3) If by committing the act from Para 1 of this Article, unlawful material gain has beenobtained, the perpetrator shall be punished with six months to five years of imprisonment.(4) If the value of the obtained material gain exceeds thirty thousand dinars, theperpetrator shall be punished with one to ten years of imprisonment.

63(5) A responsible person in an organization of associated labor or in another selfmanagementorganization or association or in a self-management body, who commits the actfrom Para 1 to 4 of this Article shall be punished with the penalty as stipulated for this act.Violation of law by a judgeArticle 211(1) A judge or a lay judge at a regular or self-management court who with the intention toobtain material gain for another person or to inflict damage on another person passes an illegalact or in any other way violates the law, shall be punished with three months to five years ofimprisonment.(2) In a particularly grave case of the act from Para 1 of this Article, the perpetrator shallbe punished with three to ten years of imprisonment.Illegal release of a person deprived of freedomArticle 212An official person who illegally releases a person deprived of freedom who was entrustedto him for guarding or who aids this person to escape or allows him any prohibitedcommunication or correspondence for the purpose of planning the escape, shall be punished withthree months to five years of imprisonment.Unconscientious duty performanceArticle 213(1) An official person who by violating the law or other regulations or enactments, or byfailing to perform the supervision duty or in any other way obviously performs his duty in anunconscientious manner, although he was aware or obligated or may have been aware that it mayresult in a severe violation of another person’s right or in a material loss and if it does result insuch a violation or damage in the amount exceeding ten thousand dinars, shall be punished withthree months to three years of imprisonment.(2) If the act from Para 1 of this Article results in a severe violation of another person’sright or in a material loss exceeding one hundred thousand dinars, the perpetrator shall bepunished with six months to five years of imprisonment.(3) A responsible person in the organization of associated labor or another selfmanagementorganization or association, except for the organization of associated labor whichdeals with economy, or in a legal entity which does not deal with economy or a responsibleperson in the self-management body who commits the act from Para 1 and 2 of this Article, shallbe punished with the penalty as stipulated for this act.

64Illegal charges and paymentsArticle 214(1) An official person who charges a person for something that this person is not obligedto pay or charges him more than he is obliged to pay or who during the payment or the deliveryof some objects pays or delivers less, shall be punished with up to one year of imprisonment.(2) In a particularly grave case of the act from Para 1 of this Article, the perpetrator shallbe punished with three months to five years of imprisonment.Fraud at serviceArticle 215(1) An official person who while performing duty with the intention to obtain unlawfulmaterial gain for himself or for another person by submitting false calculations or in any otherway misleads an authorized person to carry out an unlawful payment shall be punished with sixmonths to five years of imprisonment.(2) If by committing the act from Para 1 of this Article, material gain which value exceedsthirty thousand dinars is obtained, the perpetrator shall be punished with one to ten years ofimprisonment.(3) A responsible person in the organization of associated labor or another selfmanagementorganization or association or in the self-management body, who commits the actfrom Para 1 and 2 of this Article, shall be punished with the penalty as stipulated for this act.Forging an official documentArticle 216(1) An official person who enters untrue information or fails to enter an importantinformation in an official document, register or a document 8 or by his signature or the officialseal certifies an official document, register or a document with untrue contents, or who by hissignature or the official seal enables issuing of an official document, register or a document withuntrue contents shall be punished with three months to five years of imprisonment.(2) An official person who, while performing official duty, uses an untrue officialdocument, register or a document as true, or who destroys, conceals or damages to a large extentor in any other way renders unusable an official document, register or a document shall bepunished with the penalty from Para 1 of this Article.(3) A responsible person in the organization of associated labor or another selfmanagementorganization or association or in the self-management body, who commits the actfrom Para 1 and 2 of this Article, shall be punished with the penalty as stipulated for this act.8 or a file

65Revealing an official secretArticle 217(1) An official person who without an authorization communicates, hands over or in anyother way makes available the data which represent an official secret or who procures such datawith the intention to convey them to an unauthorized person shall be punished with three monthsto five years of imprisonment.(2) If the act from Para 1 of this Article is committed for personal gain or with respect toparticularly confidential information or for publishing or using the information abroad, theperpetrator shall be punished with at least one year of imprisonment.(3) If the act from Para 1 of this Article is committed out of negligence, the perpetratorshall be punished with up to three years of imprisonment.(4) An official secret means the information which is by the law, other regulation,enactment or by the decision of a competent body classified as confidential, as well as theinformation which has not been classified confidential, but which revealing due to its importancemay obviously cause severe and harmful consequences to the service.(5) The provisions from Para 1 to 4 of this Article shall apply also to the person whorevealed an official secret after the cessation of his official status.Illegal appropriation of things during the search or during the executionArticle 218An official person who during the search of an apartment, premises or a person or duringthe execution of the procedure of confiscation, sequestration or in the procedure of executionseizes a movable object with the intention to obtain material gain for himself or for anotherperson by its appropriation, shall be punished with one to ten years of imprisonment.EmbezzlementArticle 219(1) Whoever, with the intention to obtain unlawful material gain for himself or for anotherperson, appropriates money, valuable papers, or other movable objects entrusted to him in serviceor generally at work in the body or in the organization of associated labor, another selfmanagementorganization or association or in the self-management body, shall be punished withsix months to five years of imprisonment.(2) If by committing the act from Para 1 of this Article the material gain exceeding thirtythousand dinars is obtained, the perpetrator shall be punished with one to ten years ofimprisonment.

66UtilizationArticle 220Whoever without an authorization makes use of the money, valuable papers or any othermovable object entrusted to him in service or generally at work in the body or in the organizationof associated labor, another self-management organization or association or in the selfmanagementbody, or gives these objects to another person without an authorization to beutilized, shall be punished with three months to five years of imprisonment.Illegal mediationArticle 221(1) Whoever receives a reward or any other benefit to, by taking advantage of his officialor social position or influence, mediate in order to perform or not to perform a particular officialduty, shall be punished with three months to three years of imprisonment.(2) Whoever by taking advantage of his official or social position mediates in order toperform an official duty which is not to be performed, or not to perform an official duty whichshould be performed, shall be punished with six months to five years of imprisonment.(3) If a reward or any other benefit has been received for the mediation from Para 2 of thisArticle, the perpetrator shall be punished with one to ten years of imprisonment.(4) A reward or material gain shall be seized.Receiving bribeArticle 222(1) An official person who demands or accepts a gift or another benefit, or who allowspromise of a gift or another benefit to, within the scope of his official authorization, perform anofficial duty which is not to be performed, or not to perform an official duty which should beperformed, shall be punished with one to ten years of imprisonment.(2) In a particularly grave case of the act from Para 1 of this Article, the perpetrator shallbe punished with at least three years of imprisonment.(3) An official person who demands or accepts a gift or another benefit, or who acceptspromise of a gift or another benefit to, within the scope of his official authorization, perform anofficial duty which is to be performed, or not to perform an official duty which is not beperformed, shall be punished with six months to five years of imprisonment.(4) An official person who following the execution or non-execution of official duty asper Para 1 to 3 of this Article and in relation with it demands or accepts a gift or any otherbenefit, shall be punished with three months to three years of imprisonment.(5) A responsible person in the organization of associated labor or another selfmanagementorganization or association or in the self-management body, who commits the actfrom Para 1 to 4 of this Article, shall be punished with the penalty as stipulated for this act.(6) A gift or material gain shall be seized.

67Giving bribeArticle 223(1) Whoever makes or promises a gift or any other benefit to an official person to, withinthe scope of his official authorization, perform an official duty which is not to be performed ornot to perform an official duty which should be performed, or who mediates in such a bribing ofan official person, shall be punished with six months to five years of imprisonment.(2) Whoever makes or promises a gift or any other benefit to an official person to, withinthe scope of his official authorization, perform an official duty which is to be performed or not toperform an official duty which is not to be performed, or who mediates in such a bribing of anofficial person, shall be punished with three months to three years of imprisonment.(3) The perpetrator of the act from Para 1 and 2 of this Article who gave bribe at therequest of an official person and who reported the act prior to its discovery by authorities or priorto finding out that the act was discovered, may be exempted from the penalty.(4) The provisions from Para 1 to 3 of this Article shall apply even when the bribe wasgiven or promised to the responsible person while performing self-management, public or otherauthorizations.(5) A gift or material gain shall be seized and in the case from Para 3 of this Article it maybe returned to the person who gave the bribe.Pronouncing of property confiscation penaltyArticle 224For the criminal act as per Article 210, Para 2 and 3, Article 211, Para 2, Article 215, Para2 and 3, Article 217, Para 2, Article 218, Article 219, Para 2, and Article 222, Para 1 and 2 of thisLaw, a property confiscation penalty may be imposed on the perpetrator.C h a p t e r X X ITRANSITIONAL AND FINAL PROVISIONSRegulations on legal consequencesArticle 225(1) The legal consequences of the sentence which, pursuant to the Law of the SocialistAutonomous Province of Kosovo, relate to the cessation or loss of certain rights and which are aresult of the sentence for particular criminal acts or of particular penalties prior to coming intoeffect of this Law continue to be in effect.(2) The legal consequences of the sentence which, pursuant to the Law of the SocialistAutonomous Province of Kosovo consist of the ban on acquiring particular rights and which areimposed as a result of the sentence for a particular criminal act or of particular penalties prior tocoming into effect of this Law, continue to be in effect with the exception of Para 3 of thisArticle.

68(3) On the day of coming into effect of this Law, the legal consequences of the sentencewhich consist of the ban on acquiring particular rights and which, pursuant to the Law of theSocialist Autonomous Province of Kosovo, were imposed prior to coming into effect of this Lawshall cease as well as the legal consequences of the fine penalties pronounced as the main penaltyor a suspended sentence or a reprimand or when the perpetrator has been found guilty but wasexempted from penalty.Application of release on parole while executing educational measureArticle 226Pursuant to the regulations of this Law, the court may apply a release on parole tojuveniles who at the time of coming into effect of this Law are complying with the measure ofreferral to the educational-corrective institution.Cessation of validity of criminal-justice regulationsArticle 227On the day of coming into effect of this Law, the validity of the following regulationsshall cease:1) The regulations of Article 49 of the Law on Equality of the Languages and Scriptsin the Socialist Autonomous Province of Kosovo (Official Gazette of SocialistAutonomous Province of Kosovo, No. 34/70).2) The regulations of Article 45 of the Law on Procurement, Possession and Carryingof Arms and Ammunition (Official Gazette of Socialist Autonomous Province ofKosovo, No. 45/75 and 11/76).Coming into effect of this LawArticle 228(1) This Law comes into effect on the day following the day of its publishing in theOfficial Gazette of the Socialist Autonomous Province of Kosovo and it shall apply as of 1 July1977.(2) The regulations on protective supervision with the suspended sentence shall apply asof 1 July 1980.