10.07.2015 Views

CRIMINAL LAW OF THE SOCIALIST AUTONOMOUS ... - Eulex

CRIMINAL LAW OF THE SOCIALIST AUTONOMOUS ... - Eulex

CRIMINAL LAW OF THE SOCIALIST AUTONOMOUS ... - Eulex

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

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.

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!